Solution for the Problem face in India

What compelled me into writing this paper? The slow death of our country. Being an Indian, a proud one at that, the fact that a small group of unscrupulous persons is murdering this great civilization has disturbed has to a great extent. Hence, this is an effort to shake my fellow Indians out of their slumber and rejuvenate my Motherland.

CORRUPTION

One of the main problems faced by India is corruption. There is about $1.4 million dollars (approx) in unascertainable locations which belongs to Indians and persons of Indian origin. In order to construct a solution for solving this problem, I propose the following:

• All persons acting on behalf of the government shall sign a declaration before taking charge of their respective posts stating, ‘ I, as an agent of the government will not misuse my power in any manner and if such an act is in violation of the fundamental norms of the country then, upon proof of such an act, will accept the termination of my post.’

• A committee shall be appointed in each state which will ensure that information pertaining to all public officers and politicians, emphasizing details of their assets and personal income is maintained. Such records shall be maintained by the committee in the proper manner and shall be conveyed to the President for his/her perusal following which, the same shall be made available to the public. All such public officers and politicians shall be compelled by law to ensure that their details are up to date and any defaulter shall be punished.

• Consequently, any such officer and/or politician having a disposable income bordering on being vulgar shall be subject to taxes, over and above the regular ones.

THE ENFORCEMENT OF LAW IN INDIA  

Being a Common Law country, the functions performed by the judiciary, in the enforcement of law as well as its formulation, are of utmost importance. However, the defects plaguing this archaic institution are one too many. The following are the solutions, I propose, to ensure the effective functioning of our judiciary.

•   Punishment relating to death penalty, considered to be the most severe    of all punishments, is given to those accused under offences of unimaginable inhumanity. However, the President has the power to grant pardon to such offenders. As of today, there are about 29 mercy petitions of offenders awarded death penalty pending in India. If this trend continues, any person committing heinous crimes, upon being awarded death penalty, will file for a mercy petition before the President, ensuring that the judiciary is neither feared nor revered. In order to solve this problem the power of pardon must be removed from the President and the judgments of the Supreme Court should be made final and mandatory.  

•   When a case is heard before a court it takes a painfully long time for the process to be concluded and judgment pronounced. To counter this problem, alternative dispute resolution should be made compulsory before a dispute is taken to a court. If this is done then justice would be rendered without delay in addition to reducing the burden upon the judiciary.

If the aforementioned proposals are taken account of, India, with its inspiring human and intriguing cultural diversity, will be the epitome of a model nation.

BY

G.HARI SANKAR     

IV BSL.LLB (I.L.S LAW COLLEGE)