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Here the question is whether inclusion of so called ccivil soceity members in the process of law making is correct. This is definitely not correct as all hiold that this is a bad practice. It has been asserted that British rule as rule of law and our own law is based on British. However, the British law was British and not ours. We cannot hold that the British Government was by law established. Our constitution is based on British and some other constitutions but nevertheless this has the full backing of Indian public and parliament and was drafted by India's own constituent assembly. It matters little what we borrowed from abroad.

Consequently, Gandhi, subhash and Bhagat singh all were justified in formulating any strategy to drive away the British. Today, neither Gandhian nor Bose nor Bhagat singh strategy is relevant. Now we have to act according to law.

The act of including so called civil society membersin Lok Pal committee is clearly a breach of parliamentary perrogative. The entitre exercise is to sidetrack the real fight against corruptuon. This is revealed by UPA attitude towards 2G report in PAC of Parliament.

G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/

Where are the other members ?The GD is too hot with the arguments.Come on friends.Let us have high voltage discussion on this recent issue.

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http://abidareacode.blogspot.com
We are an indpendent sovereign democratic republic. The rigths and duties of all are well defined. To understand the constutionality of inclusion of team Hazare- so called civil society representatives-, we need to know status of these individuals in Indian republic, their rights and duties.

The team Hazare members are also citizens of India- neither more nor less. They have all the rights that are given to a citizen and not more. They expressed their views and staged some demonstrations and also observed hunger strike. So, far, they were only exercising rights of citizen and we do not object to this. Rather, their efforts in highlighting corruptuion and making law stricter is commendable.

However, they insisted on participation in law making process by joing joint drafting committee. A citizen can elect member of parliament, who are authorised to partcipate in law makimg. A citizen has no fundamental right under constitution to directly participate in law makimg process. But team hazare did exactly this. This gives rise to extra constitutional authority and is thus undesirable, not according to scheme of constitution, bad in law and gives rise to bad practice.

The next demand of team hazare could be that 'civil society' members be allowed to sit in parliament and frame law there. In the extreme, they could also ask for inclusion in the council of ministers in their capacity as 'civil society' members.

"civil society' is nothing but citizens of India. Citizens of India have provided a constitution unto themselves for smooth functioning of affairs of Union and states. We must observe constitutional propriety and procedure. Any breach- by maoists or Gandhian alike- is bad and its recurrence bad practice.

I want to further stress that adopting of gandhian methods does not validdate wrong. In fact, concept of non violence is not related to constitution and democracy. Abraham Lincoln was greates democrat but he wage civil war to end slavery. Hence violence by state to curb anti law forces is within scheme of democratic constitution.

G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/

Thank you said by: Harsha
The theme of the GD is:
"Do you think the Lokpal bill drafting committee constituted with 5 members outside the parliament is a good practice ? Why?"

In my concluding post, I emphatically reiterate that the Lokpal drafting committee constituted with five members outside the parliament is an unfair and extra constitutional practice. The five members outside the parliament are simply ordinary citizens and they can not exercise any rights other than those available to them under Indian constitution. It matters little that they adopted non violent Gandhian strategy to pressurize Government for entry in the committee. A citizen can agitate for his just demands but cannot exercise the authority that vests in government or parliament. If taken further to its logical conclusion, this practice could lead to absurdity of including non M.P.s in union cabinet and also allowing them to participate in parliamentary proceedings as 'representatives of Civil society'.

This unfair and bad practice has been started just with a view to divert public opinion from parliamentary probe in 2G scam and Common Wealth games.

G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/

Thank you said by: Harsha
Today is the last day of this GD.Friends and members.Please put your views.

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So the discussion is over. Thanks to all who participated and all who viewed the GD.

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http://abidareacode.blogspot.com
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