(A detailed version of this chapter in notes #301.027 on http://facebook.com/mehtarahulc )
Download this chapter 27 : http://www.righttorecall.info/301.pdf
27.1 Example : proposed GN draft by which majority can execute Prime Minister
Following is the proposed Gazette Notification, which when signed by Cabinet Ministers, will enable citizens to execute a Prime Minister using majority approval. And each clause in the proposed Gazette Notification is 100% constitutional. Now please note – my proposal is NOT that citizens should elect 300 RRP candidates into power, and then we would print the following draft in the Gazette. My proposal to activists is that we should raise mass-movement to convince PM to print TCP in the Gazette, and using TCP , we should gather citizens’ opinion on the following proposed draft.
# Procedure
for Procedure / instruction
1 – o The word citizen would mean a registered voter
o This Gazette Notification will come before Cabinet Ministers only after over 38 crore citizen-voters have registered YES on it via clause-2 of TCP
o The Notification will go to Supreme Court judges only after every Cabinet Minister has agreed with the Notification
o The Notification will become applicable only if and after every Supreme Court judge has signed in favor.
2 [District Collector (or his Clerk)]
The Govt hereby orders DC that : if a woman citizen or a dalit citizen or a farmer citizen or a labor citizen or a senior citizen or any citizen believes that existing Prime Minister or any of the previous Prime Ministers should be imprisoned for N years or Executed for corruption or other high crimes, and submits an affidavit to DC (or Clerk designated by the DC), then DC or Clerk will put his affidavit on the website of Prime Minister for a fee of Rs 20 per page. The DC or Clerk will also issue a serial number.
3 Patwari, Talati ,
(or his Clerks) The Govt hereby orders Patwari (Talati) : if a citizen comes in person to Talati’s office, pays Rs 2 fee , and wants to register YES on an affidavit submitted in clause-1, the Talati would enter his YES in the computer and would him a receipt with his voter-id#, date/time and the persons he approved. The fee for BPL card holder will be Re 1.
4 Patwari , Talati
The Patwari will put the YESes of the citizen on PM’s website with citizen’s voter-ID number and his preferences.
5 Patwari , Talati
If a the citizen comes to cancel his YES, the Patwari will cancel it without any fee.
6 Prosecutor General
If over 38 crore citizens approve the Imprisonment or if over 50 crore citizens approve Execution, then the Prosecutor General may or need not ask Honorable Supreme Court judges to issue a sentence to imprison or execute the Prime Minister or ex-Prime Ministers mentioned in affidavit. The decision of Prosecutor General will be final on this issue and the YES count will not be binding on him. The Prosecutor General will request a bench consisting of ALL SCjs to decide.
7 SCjs
If ALL Honorable SCjs agree that issuing such sentence is Constitutional, then they may (or need not) issue a sentence to Imprison or Execute the Prime Minister. The decision of SCjs will be final and YES counts will not be binding on them.
8 Home Minister
The Home Minister will personally carry out the orders of Honorable SCjs.
Along with “Procedure to Imprison/Execute Prime Minister”, I have proposed about 75 drafts, all of which are 100% compliant with all the 395 articles of our Magnum Opus Constitution. And they are all compliant with all the judgments of Honorable SCjs. Some of these 75 drafts are : Imprison\Execution of SCjs by Majority, Imprison\Execution of CM by Majority, Imprison\Execution of Ministers by Majority, Imprison\Execution of HCjs by Majority etc.
When the person is sentenced by Majority in a State, then the Majority of Nation can overturn the verdict. Likewise, when a person is sentenced by majority in a district, then the majority of the state can overturn the verdict.
27.2 Imprisonment by Majority Approval , Execution by Majority Approval
We see many cases of open corruption by senior officials like PM, CMs, Ministers, District Police Chiefs , judges etc. They get away as the inside the court, few individuals decide and some of them get managed. So even when proofs of guilt exist, punishments never happen. Following is the law-draft we propose to deal with High Crimes at Senior Places
1. Any citizen of India above 25 years can register himself as “Agree to Punishment by Majority Approval” at District, State and National level.
2. This “Punishment by Majority Approval” draft will apply only on those citizens who have registered themselves as “Agree to Punishment by Majority Approval”.
3. The option will be irreversible for life – i.e. once he has signed as “Agree to Punishment by Majority Approval”, he cannot cancel this condition.
4. If a citizen has “Agreed to Punishment by Majority Approval” at District, State or National level, then any citizen-voter in that District, State or India can pay Rs 20, demand imprisonment for of that person for N years and a fine
5. If over 50% of all citizens approve imprisonment of N years and fine of Rs X, the CM, PM may impose that sentence on him after approval of Supreme Court judges.
6. If over 67% of all citizens approve execution of that officer, the CM, PM may impose that sentence on him after approval of Supreme Court judges.
7. The sentence imposed by citizens of Districts can be canceled by Citizens of State and a sentence imposed by Citizens of State can be cancelled by Citizens of India. The sentence imposed by Citizens of India can be cancelled by only Supreme Court judges.
8. Will HCjs and SCjs give verdict against approval of majority? I don’t want to discuss uselsess questions here.
9. The law-draft will apply only on those who have registered themselves as “Agree to Punishment by Majority Approval”. The law-draft will not apply on those who have not registered as so.
Now if a CM, PM, SCj, HCj, DEO, DPC, RBI Governor etc is not registered as “Agree to Punishment by Majority Approval”, citizens cannot imprison/fine him using the above.
I at RRP propose that citizens should enact “Agree to Punishment by Majority Approval” draft using TCP. And six months after citizens have enacted this “Agree to Punishment by Majority Approval” draft, I propose that citizens should expel all unregistered persons in all class-I positions in administration, MLA or above positions in politics and Sessions judge or above positions in courts. And replace them with registered persons only. This is my opinion and a suggestion to citizens of India – not a legal proposal. If a person does not have faith in Citizens, Citizens should not give him senior positions. If a person intends to leave India, citizens must not let such a person ever come into class-I position or above. I prefer a person willing to chain himself with the ship to be the Captain, over a person who wants the option to flee the ship.
27.3 Use of “Execution by Majority Approval”
I certainly want to see this dreaded and draconian “Execution by Majority Approval” law-draft in Gazette using TCP. But the purpose is academic only. “Execution by Majority Approval” or even “Imprisonment by Majority Approval” will never ever get invoked. Then why do I propose to enact using TCP? And why citizens may also agree to enact this law?
RTR is more than sufficient to control corruption. But corruption has become so rampant and omnipresent in India’s Ministers, judges, IAS and IPS that it is difficult to convince citizens that RTR is sufficient. We have criminals like Afzal and Kasab, whose hanging gets delayed by months and years and even decades because of bribes Ministers and Minister-Makers get from Saudi Arabia. In such atmosphere, many find RTR toothless. So I need something more lethal to convince citizens, that there does exist law-draft that can create extreme fear in the officer that he will never ever dare to think of taking bribes. And so I drafted “Execution by Majority Approval” law. The purpose of this law-draft is only to convince citizens can corruption can indeed be controlled.
Will citizens ever invoke this law? First, when will 67% citizens demand execution of a Minister, IAS, IPS or a judge? Only when that Minister, IAS, IPS or judge deserves to be hanged 100 times. And given the threat that citizens can hang him, no Minister, IAS, IPS, judge, unless he as publicity hungry as Socrates, will do something that will prompt so many crores of citizens to file YES to hang him. And even in such cases, citizens will at most imprison him. So “Execution by Majority Approval” is only to convince citizens, and solution to rampant corruption does exist, even in case RTR is not enough. Once RTR comes, it will prove itself enough, and so “Execution by Majority Approval” draft will never get used.
27.4 Brain Mapping and Truth serum in public test by majority approval
Using TCP, I propose to enact the following law, which can be used to administer Brain Mapping and Truth Serum test in public after majority approval :
1. The law-draft will apply on Ministers, MLAs, MPs, Sarpanch\Mayors who agree with this law
2. The law-draft will also apply on all class-I officers and above who agree with this law-draft
3. This law-draft will apply on all Sessions judges and above who agree with this law-draft
4. This law-draft will fix “area” for each position. Eg Area for MLA, MP will be his Constituency, area for CM will his State, for District level officer it will be his district and so forth.
5. If majority of citizen-voters in his Area demand a Truth Serum Test on that person, then a Truth Serum Test on him will be conducted in public.
6. The Jurors may or need not base their verdicts on outcome of the Truth Serum Test.
The fear that he can be subject to Truth Serum Test will deter the officer, Minister, judges from taking bribes. Not only that, persons in administration will deter from coming close to a person who is known to be corrupt. This will further reduce the strength of corrupt judges, Ministers, IAS and IPS. Later, Brain Mapping will be carried out by approval of Jury alone, and majority approval will not be needed.
27.5 Reducing nepotism, favoritism, nexuses, corruption in recruitment at top position
As of today, positions like District Police Chief, District Education Officer, RBI Chief etc are filled by nepotism, corruption, nexuses and favoritism. The officer who has highest nexuses comes to these positions. And after occupying these positions, all they do is serve these nexuses. The procedure of replacement automatically cuts nepotism — for no person can have millions of citizens as relatives. To further cut nepotism, I at RRP propose direct elections for the following positions
Direct elections at National Level
1. Loksabha MP (as today), Rajyasabha MP
2. PM , Deputy PM
3. National Land Rent Officer
4. Home Minister
5. RBI Chief
6. Chief National Prosecutor
7. Supreme Court Chief judge, 4 senior most Supreme Court judges
Total – about 14 positions
Direct elections at State Level
8. MLAs (as today)
9. CM, Deputy CM
10. State Land Rent Officer
11. State Police Chief, 4 members of State Police Boards
12. Chief State Public Prosecutor, 4 senior most State prosecutors
13. Chief High Court Judge, 4 senior most High Court judges
Total – about 19 positions
Direct elections at District Level
14. District Panchayat Members (as today)
15. Mayor
16. District Education Officer
17. Chief District Public Prosecutor, 4 senior most District prosecutors
18. Chief District Judge , 4 senior most District prosecutors
19. District Police Chief, 4 members of District Police Boards
Total – about 18 positions
Using TCP, I propose to enact Gazette Notifications using which citizens can elect persons in the above positions. In addition, citizens will have procedure to replace them, and also replace persons at about 150-200 positions. The terms will be 4 years. Overall, the system would need 2 polls a year, with one poll deciding fate of about 5-6 positions. We support paper ballot only, and oppose electronic ballot. The cost of poll as of now, Jul-2008, is Rs 10 per poll per voter, and can be brought down to Rs 5 per poll per voter. Much of the expenses is in policing and that would decrease as power attached with each position decreases and courts improve. That apart, by adding bar code with voter-ID and other means, cost can be brought down to Rs 3 per voter. Over all, the system of having 45 to 50 elected officials with 4 year term would cost about Rs 150 per person every 4 years or about Rs 40 person per year and reducing favoritism and nepotism to near zero.
The election in constituency larger than 100,000 kills nepotism, favoritism as well as nexuses. No one can have even 1000 relatives or nexuses with 1000 people, and so it is clear that effect of nepotism will be less than 1%. Further, when constituency is above 10,00,000 voters, no caste will have majority and if a caste is even as large as 25%, it breaks down into many sub-castes. And so in constituency larger than 10,00,000 voters, casteism also becomes a minor factor. Hence election is superior than existing procedure of appointments.
27.6 Stand of other Political Parties
All other political parties are shamelessly ignoring the issue of corruption at high places. They insist on Trial by Supreme Court judges or investigation by SIT which goes on for decade and decade. They oppose narco-test of corrupt leaders in public and also oppose their execution by majority approval. Their refusal to accept these laws should convince the workers that leaders loyalties are not in the right place.
27.7 How can YOU do bring Narco-Test in public, execution etc by majority approval
Please read chap-13 of this book http://rahulmehta.com/301.htm . It has several steps where-in you can spend 6 hours a week and help to bring TCP draft in Gazette in India. The steps involve distributing pamphlets, informing citizens on motives of leaders such Congress MPs, BJP MPs, The Anna etc who oppose TCP draft, by giving newspaper ads, contesting elections. Once TCP gets printed in Gazette, using TCP, it will become easy for activists to get citizens opinion on following drafts – Narco-Test in public by majority approval, Imprisonment by Majority Approval and Execution by Majority Approval. This will reduce the corruption and sell-outs at high places..