Friday, June 22, 2018


Truth Vs. Reality

This thought is in the context of a few current happenings.

The legal system will command respect from all sections of society when and only when all the citizens irrespective of political or official or financial power or position or status or religion or any other factor get the same treatment under law without any differentiation, whatsoever.

The concepts of 'Equality before Law' and 'Equal Protection of Law' are comprised in Article 14 - Right to Equality in the Indian Constitution. While the originating concept is the same, i.e., every citizen of India is equal in all aspects, however, the two above mentioned concepts are interpreted as slightly different in their nature.

It has been widely agreed that "Equal protection by law" is a corollary of "Equality before Law". The concept "Equality before Law" envisages that basically, the State cannot deny anybody equality before the law. This is more of a restriction on the State, i.e., it will treat everyone in the same manner. No distinction on the basis of caste, creed, religion, or any other factor will be shown by the State in determining our rights and status before the State. The concept "Equal protection of Laws" is a more positive concept implying equality of treatment in equal circumstances. That equals must be treated alike is the underlying factor. 

So, they are the two wings of the same bird. They fly in the same direction. Firstly, the State cannot differ between any one and you, and in equal circumstances, and secondly, you and anyone else are to be provided the same rights and protection measures by the State.

The above was the intention of the framers of the Indian Constitution. But how today's society interprets ‘Equality’ or what is the ground reality, is totally another matter. About that, the less said, the better. A mere look at the current society will tell the reality.



Wednesday, June 20, 2018

Diversity

We often read or hear many comparisons of India with the other democratic Republics of the world. Often the comparison ignores a fundamental issue which is the root cause of the situation that mostly surrounds sensitive aspects like civil liberties, religion, minorities etc. The issue is that the Fundamental Rights enshrined in the Constitution are either not properly understood by the citizens or they are wrongly interpreted deliberately.

The Constitution does not envisage freedom as absolute or unconditional. Allegiance to the Indian Republic by the citizens is what is envisaged as the paramount element in the Constitution. The vast diversity prevailing in the Indian population - ethnic, linguistic, religious etc. - is a factor which makes India different from other democratic Republic countries. Often this fact is forgotten by many.


Sunday, June 10, 2018

Secured Job

It is not surprising that politicians aspiring for a 'secured job' in the Parliament prefer to be a Member of the Rajya Sabha (Council of States) rather than the Lok Sabha (House of the People). Here are a few reasons.

1. A politician who does not have any chance of getting elected by people if he contests in an election has the chance of getting nominated to the Rajya Sabha if he has special knowledge or practical experience in matters like literature, science, art and social service.

2. Politicians who have every chance of getting rejected by people if they contest in an election have the chance of getting elected to the Rajya Sabha through the Electoral College.

3. Sitting members of Lok Sabha who are uncertain of getting elected for a consecutive term have the option of finding their way to Parliament through Rajya Sabha, even if lot of maneuvering is required for the same.

4. The hazzles involved in directly facing the people can be avoided.

5. Rajya Sabha is not subject to dissolution and hence the tenure is fully ‘secured’.

6. Rajya Sabha members are also eligible for Ministerial berth.

7. Rajya Sabha members are eligible for all the benefits enjoyed by Lok Sabha Members during the term as well as post term.

8. People do not expect Rajya Sabha members’ presence and involvement in the development of the constituency as  much as in the case of Lok Sobha members.

9. Rajya Sabha members are more of ‘free birds’ than Lok Sabha members.

Friday, June 1, 2018

The Essence of Human Life

The essence of human life is that it is a heterogenous mixture of happy, sweet, fulfilling, thrilling, sad, testing, challenging, tough, perplexing, tense, stimulating, exciting, tough moments or phases. And what is more important is the fact that the composition of these different kinds of moments or phases in one's life depends as much on one's individual perceptions, perspectives, outlook, attitude, beliefs, convictions and priorities, as on circumstances beyond one's control. There is thus a considerable, repeat considerable, degree of control which one can exercise on one's life.

Facts, not comments

The deregulation of petrol and fuel prices since 2010 coupled with dynamic fuel pricing introduced in 2017 has been pinching the hapless citizens of the country through ever rising fuel prices defying any rational explanation. But the other side of the picture is that the Oil Marketing Companies (OMCs) are one of the major beneficiaries of the dismal fuel price scenario.

In addition to pure marketing, the three big OMCs in the public sector – IOCL, HPCL and BPCL and a host of private sector players also refine and market oil that they buy from upstream oil exploration and production companies including ONGC, Oil India, Reliance Industries etc. Their purchase price is directly related to international crude price.

The 3 public sector OMCs have been consistently making huge profits over the years. All of them have a top heavy structure with astronomical numbers of top executives (Chief General Managers and above) with very high compensation packages. IOCL has 85 EDs and 138 CGMs. HPCL has 30 EDs and 63 CGM.  BPCL has 30 EDs and 61 CGMs.  Not surprisingly, the staff cost of all these OMCs is colossal, consuming a sizeable portion of their expenses, since the pay, perquisites and post-retirement benefits of their executives, officers and employees are phenomenally exorbitant and go on increasing. 

The fact is that OMCs are reaping huge profits, giving whopping returns to the Government and giving the best financial support, comforts, luxury and security to their employees, all at the cost of the poor citizens.  It is high time that the central government looked at the cost structure of the public sector OMCs and explore the possibilities of a cost rationalization in them, which could result in an easing of the fuel prices.  The point is that on the one side in spite of their stunningly employee compensation intensive pattern and top heavy structure, all the OMCs are making colossal profits, while on the other side the prices of fuel are skyrocketing making the common man gasp for breath.






A Lofty Principle

One of the most lofty doctrines of the Constitution of India is Article 14 which provides for equality before the law or equal protection of...