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FROM SAMPURNA SWARAJ TO SAMPURNA AZADI PRESENTATION BY, ASHA S NEGINHAL NEETA DIAS TRIDENT INSTITUTE OF MANAGEMENT SCIENCES, BELGAUM DATE: 3 RD DEC 2010 PLACE: SHAIK INSTITUTE OF MANAGEMENT, BELGAUM CONDUCTED BY, THE SEVENTH NANI A PALKHIVALA MEMORIAL TRUST

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SAMPURNA SWARAJ TO SAMPURNA AZADI INTRODUCTION: Dr. Nani Ardeshir Palkhivala He was A Senior Advocate, Superior Court of India Professor at Law at the Govt Law College, Mumbai & Calcutta University Member of the First and Second Law Commissions Was elected as Honorary Member of the Academy of Political Sciences, New York Was an Ambassador to the USA from 1977 to 1979 Recognitions Received Dadabhai Naoroji Memorial Award in 1997 Honored by Padma Vibhushan in 1998 by Govt of India Was associated with Tata Group for about 4 decades. Born on 16 th January 1920, Nani P had a brilliant academic career. Obtained first class first in his LLB exams in the year 1943 and also in Advocate Examination of the Bombay High Court.

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SAMPURNA SWARAJ TO SAMPURNA AZADI NANI PALKHIVALA MEMORIAL TRUST The Nani Palkhivala Memorial Trust was set up in 2004 to perpetuate the memory of an outstanding jurist and authority in the Constitution . The late Nani P was a passionate democratic, patriot and above all a great human being. The trust arranges lectures in the memory of Nani Palkhivala annually. The first lecture was delivered by Mr. Fali S Nariman in 2004 Second by Mr. Arun Shourie in 2005 Third by Dr. Bimal Jalan in 2006 Fourth By Mr. N R Narayana Murthy in 2007 Fifth by Mr. Soli J Sorabjee in 2008 and Seventh will be delivered by C.K. Prahalad on Jan 2010 on “ Sampurna Swaraj to Sampurna Azadi ” The Unfinished Agenda The theme includes the reality of India after Independence and the distressing situation of the public of India. It mainly concentrates on the constitutional violations and the need of amendments.

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SAMPURNA SWARAJ TO SAMPURNA AZADI SYNOPSIS: Constitution of India Declaration of Emergency in India and its consequences. Fundamental innovations in Governance in India in three parts Part 1: The Basic Structure of The Constitution and its Violation in Practice Part 11: The Choices Open to India ( Changing the Approach) Part 111: Creating a Shared Vision ( Innovations for Social Justice) Key Initiatives Conclusion

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SAMPURNA SWARAJ TO SAMPURNA AZADI CONSTITUTION OF INDIA Chief -Architect Dr. B R Ambedkar Every constitution has its own Preamble with which it begins. The Preamble of the Indian constitution after the Forty Second Amendment in 1976, reads as follows: “WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN,SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all LIBERTY of thoughts, expression, belief, faith and worship; EQUALITY of status and of opportunity and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation; IN OUR CONSTITUTION ASSEMBLY this twenty-sixth day of Nov 1947 do HEREBY ADOPT, ENACT, AND GIVE TO OURSELVES THIS CONSTITUTION”

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SAMPURNA SWARAJ TO SAMPURNA AZADI A careful study of the constitution will show that there are at least eight basic principles. These are The popular Sovereignty Fundamental Rights Directive Principles of The State Policy Socialism Swaraj Today – Is it Relevant? Azadi Secularism Judicial Independence Federalism and Cabinet Government Swaraj: Self Governance or home rule Not Hierarchical Government but Self Government Political decentralization Azadi Freedom Independence

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SAMPURNA SWARAJ TO SAMPURNA AZADI DECLARATION OF EMERGENCY IN INDIA AND ITS CONSEQUENCES. EMERGENCY: Consequences: Non violence Arrest and imprisonments of all those who prosted Mrs. Indira Gandhi Opposition parties were bitten and assaulted in the jail. Taking this advantage of the situation, Mr. Sanjay Gandhi began to run the country as a dictator. He ordered the removal of slum dwellings and in an attempt to curb India’s growing population, initiated a highly resented program of forced sterilization. And In next election Mrs. Indira Gandhi was defeated, Morarji Desai was elected. July 1 st 1975, Mrs. Indira Gandhi Declared Emergency on India where all the fundamental rights were suspended in order to suppress the rising movement as she was accused of unfair and using govt to win the elections. ( Kesavananda Bharati vs. State of Kerala case).

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SAMPURNA SWARAJ TO SAMPURNA AZADI PART I – BASIC STRUCTURE OF THE CONSTITUTION IN PRACTICE The essential architecture of the Constitution is based on five guiding principles Rule by Law: No one has immunity from law & no one is above the law Democracy: Government by the people: A form of Government where supreme power is vested in the people & exercised directly by them or their elected agents under a free electoral system Secularism: Nothing to do with a religion or caste A secular country will not make decisions based on a persons religion & the citizens of such country A country is free to practice any religion of their choice Federalism: The central & state Government should be independent of each other in their respective. Judicial review

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SAMPURNA SWARAJ TO SAMPURNA AZADI RULE BY LAW: A glance of the list of pending case in Indian Courts 30 million cases are pending in Indian courts : 53,000 cases in Supreme Court,4 million in Subordinate Courts,27 million in Subordinate Courts. There is a significant increase in pending cases as much as 130% over a period from 2000 to 2009. Increasing load of Public Interest Litigation Eg : Bombay High Court, 31 st August 2006: Television Network Act 1995 Corruption in the judicial and police system( 70% prisoners are under trial) Corruption in Rights to the ration card and birth certificate. The Rule by Law in its most basic form is the principle that no one is above the law. It is based on the fundamental principles. But commitment towards it is decreasing and there is a delay in dispensing justice to the public and the Truth.

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SAMPURNA SWARAJ TO SAMPURNA AZADI DEMOCRACY Indian democracy only sounds good only in records. The new constitution took effect on Jan 26 th 1950 and proclaimed India “ a sovereign socialist secular democratic republic” with 444 articles, 12schedules and 97 amendments. There are various factors that effect the democracy of India Religion : political party support greatly depends upon the religion Caste: Main casts and sub castes Population: India is the second most populous country of the world after China. Development: India is still emerging country making the pace and shape of development a major concern Education, Student politics, criminalization, leadership strategies

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SAMPURNA SWARAJ TO SAMPURNA AZADI SECULARISM “Quotas and reservations” does it reflect Secularism of India. Through this, can we say we are indifferent towards religion. The true fact of India is that even now India recognizes laws based on religion. Hindus, Muslims, Christians are governed by their own religious laws. Thus, India does not really fit into any text book definition of Secularism.

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SAMPURNA SWARAJ TO SAMPURNA AZADI FEDERALISM Federalism is a political concept in stem of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units(like states or provinces) The basic objective of federalism, unity in diversity, devolution in authority and decentralization in administration is clearly evident in every one of them. But there is an intense relationship between State and central Eg : State Govt were dismissed using article 356 six times in 1950-59

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SAMPURNA SWARAJ TO SAMPURNA AZADI JUDICIAL REVIEW Judicial Review is adopted in the Indian constitution from the constitution of the United States of America. In the Indian Constitution, judicial review is dealt with under Article 13. It refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. Article 13 sates that Theory of Eclipse Viod - ab -initio

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SAMPURNA SWARAJ TO SAMPURNA AZADI OVERALL SCORE- CARD India has started out in 1950 with, High Growth rates Openness to trade and investment A promotional state Social expenditure awareness Macro Stability But at the end it is left out with Low growth rate Closure to trade & investment A license-observed restrictive state Inability to sustain social expenditure Macro instability, indeed crisis

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SAMPURNA SWARAJ TO SAMPURNA AZADI PART II-CHOICES OPEN TO INDIA Each individual has an ability to change the process of deterioration by making the administration and governance of India more transparent, less exploitative and more equitable. It involves with regards to Naxalite problem Social justice Education Health Care Employment Equality It can be overcome by, Reduction in supply and Demand imbalance Due to License Raj system which increased corruption as a substitute market. Reduction in asymmetric Access to Opportunity (K-12) Proper Campaign Financing: The expenditure for parliament and State legislature elections in India is estimated to be of the order of $1.5 billion(Rs 7000 crores ), Whose money it is? Its Public money………

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SAMPURNA SWARAJ TO SAMPURNA AZADI REDUCE THE ASSYMETRY OF INFORMATION Poverty is the result of asymmetry of information The right to information act is a greater start. ITC e- Choupal represents is illustrative of the power of information Isolation, ignorance & dependence can be removed rather easily Rapid diffusion of cell phone in India is a welcome development. Democracy requires its citizens to be well informed & therefore able to exercise their rights diligently.

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SAMPURNA SWARAJ TO SAMPURNA AZADI REDUCE THE POINTS OF INTERPRETATION OF LAWS More opportunities for interpretation regardless of: Laws are vague Citizens lack information Citizens do not believe that they will get access to justice in reasonable amount of time Greater opportunity for arbitrage & corruption Access to subsidies , implementation of the national rural employment guarantee act, access to land records, tax records standardized & routine is a prerequisite

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SAMPURNA SWARAJ TO SAMPURNA AZADI INCREASED ACCOUNTABILITY Forced ranking of the performance of the bureaucrats, politicians & the judiciary on implementation of key initiatives is critical. Measurement of the performance is not enough. There must be clear consequences for poor performance. KEY INITIATIVES A PERSEPECTIVE OF INDIANNESS: What does it mean to be an Indian? What rights are all Indians entitled to? What do we believe in collectively? What will we defend with our blood? What informs our domestic & foreign policy

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SAMPURNA SWARAJ TO SAMPURNA AZADI Gandhiji taught us three important lessons Indianness meant non-violent struggle. It meant total engagement of all rich-poor, rural-urban, men & women. The unifying symbol of resistance was the Charaka . It was more than a simple device. He wrote in Young India in 1925. Indianness meant inclusion of all religions in the broad struggle. Ishwar or Allah is all your name was the refrain. Universal id: The building block of social justice The need for a tamper proof, single ID that allows all government citizen relationships to be managed effectively is obvious The government of India should be congratulated for providing unique identity to every Indian regardless of religion or economic class.

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SAMPURNA SWARAJ TO SAMPURNA AZADI FOCUS ON MASSIVE EDUCATION Eradicating Opportunity / Inequality Indian will remain unequal as long as its citizens do not have equal opportunities for a good education. First step is to educate 500 million Indians in world-class skills was accepted & was the part of the President’s address to the parliament in 2009. Forcing global standards will allow Indian skills become marketable anywhere in the world. We should ensure that we provide enough theory ( eg : physics, chemistry, maths & language) to enable students to move up skill levels or to shift skill clusters ( eg : hospitality to programming)

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SAMPURNA SWARAJ TO SAMPURNA AZADI E-Governance can become a way for citizens to interact with their government. E-Governance combined with the right to Information act, allows individual citizens to evaluate the performance of the politicians who represent them & the bureaucrats who manage the institutions of the government. Score-Cards are easy to overlay on databases that e-governance creates allowing for the monitoring of violations of rules.

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SAMPURNA SWARAJ TO SAMPURNA AZADI Strengthen local Management India is too complex to be governed centrally. We must have non-negotiable national standards . We must be focused on the rights of individuals & individual identity, providing equal opportunities transparent system of the government.

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SAMPURNA SWARAJ TO SAMPURNA AZADI The role of media Media seems to have accepted the pattern of corruption, the dysfunctional consequences of coalition politics, religious discord or judicial delays No political party is held accountable for the extraordinary expenditure during elections & the show of “money power” Example: It is estimated that 50% mining operations in Orissa operate without permission. The weigh-bridges are unmanned or do not work. More than 15000 trucks ply the roads with ore. This scale of corruption seemed to have escaped media attention till recently.

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SAMPURNA SWARAJ TO SAMPURNA AZADI The only bright spot in this process is the role of a few brave civil society organizations that work tirelessly to expose the misuse of power. They can definitely make a difference but without the support of the populace as a whole & the media in particular cannot sustain the pressure to change the system.

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SAMPURNA SWARAJ TO SAMPURNA AZADI CONCLUSION Leave the past behind and move ahead in the hope to light the lives of all Indians. Educate all the Indian Employment to each and every one. We are Indian, we are one Improve Technology Forget political leaders. Believe each as a leader. Jai Hind Jai Bharath