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	<title>Frontier India &#187; Dr. Jag Pal Singh</title>
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		<title>Legislative Foundation of Indian Representative Democracy</title>
		<link>http://frontierindia.net/legislative-foundation-of-indian-representative-democracy</link>
		<comments>http://frontierindia.net/legislative-foundation-of-indian-representative-democracy#comments</comments>
		<pubDate>Sun, 19 Jun 2011 11:56:35 +0000</pubDate>
		<dc:creator>Dr. Jag Pal Singh</dc:creator>
				<category><![CDATA[Opinions and Articles]]></category>
		<category><![CDATA[Democracy]]></category>
		<category><![CDATA[Representative Democracy]]></category>

		<guid isPermaLink="false">http://frontierindia.net/?p=18531</guid>
		<description><![CDATA[Representative democracy is the latest form of system of governance. Being the latest form of system of governance, it includes three parts, They are; [i] theoretical or conceptual part [ii] legislative part and [iii] behavioral part. Theoretical part of the concept of representative democracy provides democratic rights to every adult citizen of every constituency / [...]<div class='yarpp-related-rss'>

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				<content:encoded><![CDATA[<p>Representative democracy is the latest form of system of governance. Being the latest form of system of governance, it includes three parts, They are; [i] theoretical or conceptual part [ii] legislative part and [iii] behavioral part. Theoretical part of the concept of representative democracy provides democratic rights to every adult citizen of every constituency / electoral college of the country, i. e. “absolute and unconditional equal opportunity-liberty-right to stand as a contesting candidate and to cast his/her vote in favour of the participating voter including himself/herself of the constituency/electoral college nominated by himself / herself only. Right to vote legitimizes the power of every voter of every constituency / electoral college of the country [i] to examine-evaluate-compare the integrity-transparency [consistency among thoughts-expressions-actions] –accountability of the character and behavior of every participating voter including himself / herself of the constituency / electoral college, [ii] to make the choice of the most suitable participating voter of the constituency / electoral college and [iii] to express his/her own choice through ballot paper or through any other media.</p>
<p>In a nutshell, right to stand as a contesting candidate and right to vote in favour of the voter nominated by himself / herself only at an election are the two inseparable sides of the one and the same coin of democratic rights or political equality. In the absence of any one side, the coin of democratic rights or political equality is bound to be incomplete. The legislative part of the concept of representative democracy must ensure absolute and unconditional equal opportunity-liberty-right to every voter of the country to stand as a contesting candidate and to cast his/her vote in favour of the voter of the constituency / electoral college nominated by him/her only. Any gap between theoretical part and legislative part of the concept of representative democracy makes the theoretical part impractical, ineffective and meaningless.</p>
<p>Multi-tier institutional structure of governance and procedure for election constitute the legislative part of the concept of representative democracy. Multi-tier institutional structure of governance can be either centralized top-to-bottom or decentralized bottom-to-top. In order to implement the concept of representative democracy in independent India, the Constituent Assembly of the country adopted five-tier centralized top-to-bottom institutional structure of governance. In five-tier centralized top-to-bottom institutional structure of governance, Lok-Sabha is at the top and State Assemblies are the next to Lok-Sabha. The average size of the constituency of Lok-Sabha is around ten lakh and of every State Assembly is around one and half lakh voters. Absolute and unconditional equal opportunity-liberty-right to stand as a contesting candidate to every voter of every constituency of Lok-Sabha and of every State Assembly would yield around ten lakh and one and half lakh contesting candidates respectively.</p>
<p>After approving fiver-tier centralized top-to-bottom institutional structure of governance, the Constituent Assembly through its own resolution converted itself as the first Parliament of the country. While working as the first Parliament, the Constituent Assembly enacted The Representation of the People Act, 1950 and 1951. In order to get the constitutors and operators of Lok-Sabha and of all the State Assemblies elected in future, it was/is necessary to dilute the essence and spirit of the democratic rights of the voter, i.e. absolute and unconditional equal opportunity-liberty-right to stand as a contesting candidate and to cast his/her vote in favour of the participating voter including himself/herself of the constituency / electoral college nominated by him/her only. The legislative definitions of the concepts related to democratic rights of the voter have achieved this goal successfully.</p>
<p><div id="attachment_18533" class="wp-caption alignleft" style="width: 510px"><a href="http://frontierindia.net/wp-content/uploads/2011/06/election-counting.jpg"><img src="http://frontierindia.net/wp-content/uploads/2011/06/election-counting.jpg" alt="election counting Legislative Foundation of Indian Representative Democracy" title="election-counting" width="500" height="336" class="size-full wp-image-18533" /></a><p class="wp-caption-text">electronic Voting Machines being opened</p></div>The concept of political equality is the part and parcel of the PREAMBLE of Indian Constitution. Legislatively, the concept of political equality has been defined in terms of ‘value of vote, i. e. one person one vote and one vote one value’. Value of vote based legislative definition of the concept of political equality does not approve the absolute and unconditional equal opportunity-liberty-right to every voter of the country to stand as a contesting candidate at the election. For attaining the political status of contesting candidate at an election, the interested voter has to submit the valid nomination form in the local office of the Election Commission of the country. This has made the democratic right of the voter of the country to stand as a contesting candidate at the election, conditional and commercial.</p>
<p>In order to ensure the availability of contesting candidates in each and every constituency of Lok-Sabha and of every State Assembly at the election, Section 29A of The Representation of the People Act, 1951 introduced the Political Institution, namely, Political Party. Every Political Party enjoys the legislative power to justify-certify the integrity-transparency- accountability of the character and behavior of its nominee. As a result, every participating voter does not have any option other than to endorse the choice of one or the other Political Party or of any independent contesting candidate. The observation of FRANK McKINNEY HUBBARD, an American Humorist; “We’d all like to vote for the best man, but he’s never a candidate” [The Times of India, March 8, 2011, Page 20] confirms the above outcome. The following lines describe the legislative definitions of the concepts of ‘voter’ ‘right to vote’ ‘election’ and ‘process of election’.</p>
<p><strong>Voter</strong></p>
<p>As per article 326 of the Constitution of India; “The election to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; ‘that is to say; every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.</p>
<p>As  per sub-section 2[e] of The Representation of the People Act, 1951, “elector” in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in Section 16 of The Representation of the People Act, 1950 [43 of 1950];</p>
<p><strong>Right to Vote</strong></p>
<p>As per Section 62 of The Representation of the People Act, 1951, ‘right to vote’ means :</p>
<p>1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll  of any constituency shall be entitled to vote in that constituency.</p>
<p>2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in Section 16 of The Representation of the People Act, 1950 [43 of 1950]</p>
<p>3) No person shall vote at a general election in more than one constituency of the same class and if a person votes in more than one such constituency, his votes in all such constituencies, shall be void.</p>
<p>4) No person shall at any election vote in the same constituency more than once, not withstanding that his name may have been registered in the electoral roll for the constituency more than once, and if he does so vote, all his votes in that constituency shall be void.</p>
<p>5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment  otherwise, or is in the lawful custody of the police. Provided that nothing in this sub-section shall apply to a person subject to preventive detention under any law for the time being in force.</p>
<p>6) Nothing contained in sub-sections  [3] and [4] shall apply to a person who has been authorized to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.”</p>
<p>As per sub-section 79 [d] of The Representation of the People Act, 1951, “electoral right means the right of a person to stand or not to stand as, or [to withdraw or not to withdraw] from being a candidate, or to vote or refrain from voting at an election” </p>
<p><strong>Election</strong><br />
As per sub-section 2[d] of The Representation of the People Act 1951. “election means election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir”<br />
<strong><br />
Process of Election</strong><br />
All the above mentioned legislative definitions are directly related to the process of election. Process of election is the functional component of the procedure for election. Like other processes, process of election also includes three elements. They are [i] inputs; contesting candidates nominated by the Political Parties at the election plus self nominated contesting candidates; [ii] processing ; in the name of right to vote every participating voter of the constituency / electoral college has to endorse the choice of one or the other Political Party or of any independent contesting candidate and [iii] obvious outcome; returned candidate is elected as per the rule of election based on the-first past-the post system.</p>
<p>There is a very popular proverb “garbage in, garbage out”. According to this proverb, the integrity-transparency-accountability of the character and behavior of the constitutors and operators of the adopted five-tier centralized top-to-bottom multi-party based institutional structure of governance solely depend on the over all integrity- transparency-accountability of the nominees of Political Parties and self.</p>
<p>Lastly, implementation of democratic rights of the voter in their letter and spirit by the legislative part constitutes the behavioral part of the concept of representative democracy. In Indian representative democracy five – tier centralized top-to-bottom multi-party based institutional structure of governance determines the behavior of it’s constitutors and operators. The constitutors and operators of the adopted five-tier centralized top-to-bottom multi-party based institutional structure governance are very much interested in the existence-survival-growth of their nominators rather than their electors. Perhaps for this reason Bapujee was very much in favour  of decentralised bottom-to-top institutional structure of governance. Similarly, Lok Nayak Jai Prakash Narayan advocated party less democracy and the concept of lok-ummidwar. This will prevent the corruption and black money. Prevention of evil is better than it’s cure.</p>
<p><span style="font-weight: bold;">Click For &#8220;<a href="/content/contributors/dr-jag-pal-singh" target="_blank">About the Author</a>&#8220;</span></p>
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		<title>The concept of political equality</title>
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		<comments>http://frontierindia.net/the-concept-of-political-equality#comments</comments>
		<pubDate>Sun, 15 May 2011 10:16:33 +0000</pubDate>
		<dc:creator>Dr. Jag Pal Singh</dc:creator>
				<category><![CDATA[Opinions and Articles]]></category>
		<category><![CDATA[Political Equality]]></category>

		<guid isPermaLink="false">http://frontierindia.net/?p=17369</guid>
		<description><![CDATA[In case of direct democracy, every adult citizen of the country has equal opportunity-liberty – right to participate (represent) personally in constituting and operating single tier institution of governance. For their own existence-survival -growth, the constitutors and operators of single tier institution of governance formulate and implement systems other than system of governance; acts; institutions; [...]<div class='yarpp-related-rss'>

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				<content:encoded><![CDATA[<p>In case of direct democracy, every adult citizen of the country has equal opportunity-liberty – right to participate (represent) personally in constituting and operating single tier institution of governance. For their own existence-survival -growth, the constitutors and operators of single tier institution of governance formulate and implement systems other than system of governance; acts; institutions; policies; laws; rules and programmes  necessary for the overall development of every citizen, every local society and nation as a whole. As such, in case of direct democracy political equality is always upto the level of representative or upto the political status of constitutor and operator of single tier institution of governance.</p>
<p>Institutional structure of governance implementing the concept of representative democracy is bound to be multi-tiers. Multi tiers institutional structure of governance can be either decentralized bottom to top party less or centralized top to bottom two party based or centralized top to bottom multi party based.</p>
<p>In case of multi tiers decentralized bottom to top party less institutional structure of governance, hierarchy of political status is bound to be three tiers (i) the adult citizen, (ii) the voter and (iii) the representative. It legitimizes the right of every voter of every constituency of the country; (i) to examine-evaluate-compare the integrity-transparency (consistency among thoughts-expressions-actions) -accountability of the character and behavior of every participating voter-candidate of the constituency/electoral college including himself / herself, (ii) to make a choice of the most suitable voter-candidate and (iii) to express his/her choice through ballot paper or any other media. Multi tiers decentralized bottom to top party less institutional structure of governance grants absolute and unconditional political equality upto the political status of contesting candidate,. In a nut shell, multi tiers decentralized bottom to top party less institutional structure of governance promotes the characters and behaviors duly examined-evaluated-verified by the voters of different constituencies / electoral colleges of the country.</p>
<p>In order to implement the concept of representative democracy in independent India we, the sovereign citizens of India, adopted five tiers centralized top to bottom multi party based institutional structure of governance. In the five tiers centralized top to bottom multi party based institutional structure of governance, hierarchy of political status becomes four  tiers; (i) the adult citizen, (ii) the voter, (iii) the contesting candidate and (iv) the representative. Induction of political status of contesting candidate in between voter and representative created unbridgeable political, geographical , economical and social gaps between the voters (Aam Adami) and their own representatives (Khas Adami). The gaps further diluted the spirit and essence of the concepts of representative democracy, political equality and right to vote.</p>
<p>In five tiers centralized top to bottom multi party based institutional structure of governance, Lok Sabha is at the top and State Assemblies are next to Lok Sabha. Average size ot the constituency of Lok Sabha and of every State Assembly is around ten lakh and one and half lakh voters respectively,. In case of absolute and unconditional political equality upto the political status of contesting candidate, the number of contesting candidates in every constituency of Lok Sabha and of every State Assembly would be around ten lakh and one and half lakh respectively. Around forty percent of the total voters of the country are poor and illiterates. For illiterate voters digital numbers can not be used as election symbols. In this situation, to legitimize the electoral right to stand as a contesting candidate at the election to every voter of every constituency of Lok Sabha and of every State Assembly is beyond the imagination of any and every sensible and sincere citizen of this great nation.</p>
<p>In order to hold election for electing the constitutors and operators of Lok Sabha and of every State Assembly, it was necessary to force legislatively over ninety nine percent of the total voters of every constituency of Lok Sabha and of every State Assembly to opt not to stand as a contesting candidate at the election. Accordingly, Section 79 (d) of The Representation of the People Act, 1951. i.e. “electoral right” made the right of the voter to stand as contesting candidate at an election, optional; Section 34 “Deposits” and Section 77 “Election Expenses” made the right of the voter to stand as a contesting candidate at an election, commercial; Section 29 A “Registration” of Political Parties; made the right of the voter to stand as a contesting candidate at an election, institutional and Section 29B legitimized the Political Parties to accept the donation from the business houses.</p>
<p>Section 29A legitimizes absolute and unconditional power of every political party to JUSTIFY-CERTIFY the integrity-transparency-accountability of the character and behavior of its’ nominee. Every participating voter of every constituency of Lok Sabha and of every State Assembly has no option other than to endorse the choice of one or the other Political Party or of any independent candidate at an election. In brief, multi tiers (five-tiers) centralized top to bottom multi party based institutional structure of governance permits political equality upto the political status of voter only. Although, political equality is the part and parcel  of the PREAMBLE of Indian Constitution. It has been defined in terms of “value of vote” i.e. “one person one vote and one vote one value”. At the end, let us quote the remark of FRANK McKINNEY HUBBARD, an American Humorist, “We’d all like to vote for the best man but he’s never a candidate” (The Times of India, March 8, 2011, page 20).</p>
<p>On the basis of the above discussion it can be said that multi tiers decentralized bottom to top party less institutional structure of governance is capable enough to ensure equal opportunity-liberty-right to stand as a contesting candidate and to cast his/her vote in fevour of the participating voter-candidate of the constituency / electoral college nominated by him/her only. This would help in establishing direct democracy at grass root level and in promoting the characters and behaviors duly examined-evaluated-verified by the voters of the constituencies / electoral colleges. For establishing multi tiers decentralised bottom to top party less institutional structure of governance, there is an urgent need to accept the procedure for election based on the rule of maximum vote or on the concept of MODE of statistics science. </p>
<p><span style="font-weight: bold;">Click For &#8220;<a href="/content/contributors/dr-jag-pal-singh" target="_blank">About the Author</a>&#8220;</span></p>
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		<title>Legislative part of Indian representative democracy is the  origin of corrupts and corruption</title>
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		<pubDate>Tue, 15 Mar 2011 00:00:08 +0000</pubDate>
		<dc:creator>Dr. Jag Pal Singh</dc:creator>
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				<content:encoded><![CDATA[<p>It is the legislative part of Indian Representative Democracy which established five &#8211; tiers centralized top-to-bottom multi-party based institutional structure of governance and procedure for election based on rules of minority and majority vote. Both the components of legislative part of Indian Representative Democracy, i.e. five-tiers centralized top-to-bottom multi-party based institutional structure of governance and procedure for election based on rules of minority and majority vote have (i) made the theoretical part of the concept of representative democracy (ideals) or democratic rights of the voter or equal opportunity-liberty-right (a) to contest election, (b) to review the candidature of every participating voter of the constituency / electoral college including himself / herself, (c) to nominate his/her own candidate and (d) to express his/her choice through ballot paper or some other media at the election, impractical, ineffective and meaningless and (ii) empowered political parties and their leaders (a) to nominate contesting candidates at the election, (b) to force the participating voters of the constituency / electoral college to endorse the choice of one or the other political party or independent candidate, (c) to constitute institutional structure of governance and c) to formulate and implement systems other than system of governance, acts, institutions, policies, laws, rules and programmes (realities). In nutshell, the legislative part of Indian Representative Democracy has destroyed system of nomination of Lok-Ummidwar based on the communitarian review by the members of local society and on the contrary it established the system of nomination of Dal-Ummidwar based on the justification by the concerned political party.</p>
<p>In brief, five-tiers centralized top-to-bottom multi-party based institutional structure of governance and procedure for election based on rules of minority and majority vote established by the legislative part of Indian Representative Democracy, are the origins of every political-social-economic-religious sin, evil, and problem prevailing in Bharat and its local societies. In these circumstances, I appeal to the reformers and social activists working across Bharat that they should not prepare and execute their action plan against any thing and/or any body, Instead, they should prepare and execute their action plan for every thing and for every body, i.e. &#8220;equal opportunity-liberty-right to contest election and to cast his/her vote in favor of the participating voter of the constituency / electoral college including himself / herself nominated by himself / herself only&#8221;.</p>
<p>The reformers and social activists working in Bharat should prepare and execute their action plan so as to give birth to SAHYOG DEMOCRATIC MOVEMENT on this holy land of Lords Rama and Krishna highlighting the gap, conflict or contrast between theoretical part (ideals) and legislative part (realities) of Indian Representative Democracy. They must join hands for managing over two thousand valid nomination papers from one and the same constituency of either Lok Sabha or of any one State Assembly in the coming election. This would help in giving birth to SAHYOG DEMOCRATIC MOVEMENT for the establishment of six-tiers decentralized bottom-to-top party less institutional structure of governance and procedure for election based on rule of maximum vote which would ensure &#8220;equal opportunity-liberty-right to contest election and to cast his/her vote in favor of the participating voter including himself/herself nominated by himself/herself only&#8221;.</p>
<p><span style="font-weight: bold;">Click For &#8220;<a href="/content/contributors/dr-jag-pal-singh" target="_blank">About the Author</a>&#8220;</span></p>
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		<title>Origin of sinners – criminals &#8211; corrupts in India</title>
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		<pubDate>Wed, 09 Mar 2011 03:28:50 +0000</pubDate>
		<dc:creator>Dr. Jag Pal Singh</dc:creator>
				<category><![CDATA[Opinions and Articles]]></category>
		<category><![CDATA[Corruption]]></category>
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		<description><![CDATA[There is a very old proverb, “hate the sin, not the sinner”. The time has come to revise this proverb into “hate the origin of sinners – criminals-corrupts and not the sinners-criminals-corrupts. Democracy means democratic institutional structure of governance. Democratic institutional structure of governance is bound to formulate and implement systems other than system of [...]<div class='yarpp-related-rss'>

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				<content:encoded><![CDATA[<p>There is a very old proverb, “hate the sin, not the sinner”. The time has come to revise this proverb into “hate the origin of sinners – criminals-corrupts and not the sinners-criminals-corrupts. Democracy means democratic institutional structure of governance. Democratic institutional structure of governance is bound to formulate and implement systems other than system of governance, acts, institutions, policies, laws, rules and programmes necessary for the over all development of every citizen, every local society and nation as a whole. This is the most ideal situation of democratic institutional structure of governance. Systems other than system of governance, acts, institutions, policies, laws, rules and programmes formulated and implemented by the democratic institutional structure of governance are bound to be transparent and accountable.</p>
<p>Widespread scams, corruption, black money etc. constitute the true mirror for seeing the transparency and accountability of the systems other than system of governance, acts, institutions, policies, laws, rules and programmes formulated and implemented in India during the last sixty years by the adopted institutional structure of governance. It would be wastage of time, energy and even patience of civilized society of Bharat to be spent on investigation and justification of the findings in the name of transparency and accountability of the systems other than system of governance, acts, institutions, policies, laws, rules and programmes formulated and tried in India during the last sixty years by the adopted institutional structure of governance. Time has come to examine whether the adopted institutional structure of governance can be constituted democratically or not?</p>
<p>Section 79 [d] of the Representation of the People Act 1951 provides us some insight or yardstick for examining the democraticness of the adopted institutional structure of governance. It reads’ “electoral right” means the right of a person to stand or not to stand as, or2 [to withdraw or not to withdraw] from being, a candidate, or to vote or refrain from voting at an election’. This section confirms equal opportunity-liberty-right to contest election and to cast his/her votes in favor of the elector – candidate of his/her own choice to every elector of every constituency of the country. The most important aspect of this section is that indirectly it legitimates absolute and unconditional political equality up to the status of contesting candidate.</p>
<p>Absolute and unconditional political equality up to the status of contesting candidate establishes the procedure for election based on verification of transparency and accountability of the character and behavior of every elector-cum-candidate by all the participating voters of the constituency. As such, the institutional structure of governance constituted and operated by such nominees-representatives is bound to be democratic one. Implementation of absolute and unconditional political equality up to the status of contesting candidate or of section 79 [d] of the Representation of the People Act 1951 or even the vision of ‘state less society’ of Karl Marx, vision of ‘swaraj’ of M. K. Gandhi and vision of ‘party less democracy’ and ‘lok-ummidwar’ of Lok Nayak Jai Prakash Narayan was/is possible only through multi-tiers decentralized bottom-to-top party less institutional structure of governance and procedure for election based on rule of maximum vote. Rule of maximum note is based on the concept of MODE of statistics. The concept of MODE represents the value of maximum frequencies. This means an elector nominated by maximum number of electors of the constituency must be the nominee or representative.</p>
<p>Substituted by Act 47 of 1966, section 37 for “to withdraw” [w.e.f. 14.12.1966]</p>
<p>On the contrary, the legislative part of Indian Representative Democracy established five-tiers centralized top-to-bottom multi-party based institutional structure of governance and procedure for election based on rules of minority [the-first-the-past the post] and majority vote. In five-tiers centralized top-to-bottom multi-party based institutional structure of governance Lok Sabha is at the top and State Assemblies are next to Lok Sabha. The average size of the constituency of Lok Sabha and of every State Assembly is around ten lakhs and one and half lakhs electors respectively. If every elector of every constituency of Lok Sabha and of every State Assembly decides to exercise his/her electoral right provided by Section 79 [d] of the Representation of the People Act 1951 then on an average the number of contesting candidates in every constituency of Lok Sabha and of every State Assembly would be around ten lakhs and one and half lakhs respectively. In the present time around forty percent of the total electors of the country are illiterates and poor. For illiterate electors digital numbers can not be used as symbols. In this situation, to ensure electoral right to stand as a contesting candidate at the election to every elector of every constituency of Lok Sabha and of every State Assembly is beyond the imagination of any sensible and honest citizen of this great nation.</p>
<p>In order to hold election for electing the constitutors of Lok Sabha and of every State Assembly it was necessary to force legislatively over ninety nine percent of the total electors of every constituency of Lok Sabha and of every State Assembly to opt not to contest election. Accordingly, the Representation of the People Act 1951 introduced Section 34 Deposits, Section 77 Election Expenses, Section 29A Registration of The Political Parties and Section 29B Political Parties Entitled to Accept Contribution.</p>
<p>For over ninety nine percent of the total electors of the country, Section 34 Deposits and Section 77 Election Expenses, made the electoral right to contest election impractical. Section 29A Registration of the Political Parties provides absolute and unconditional legislative power to the political parties to certify and to justify the transparency and accountability of the character and behavior of their nominees. Every participating voter of the constituency has to endorse the choice of one or the other political party or of some independent candidate. Section 29B Political Parties Entitled to Accept Contribution, provides absolute and unconditional legislative power to the political parties to accept un-earned money by them.</p>
<p>Democracy is also defined in terms of “rule of law”. Widespread sinners, criminals and corrupts in Bharat indicate that there is something seriously wrong with the legislative part of Indian Representative Democracy. Five-tiers centralized top-to-bottom multi-party based institutional structure of governance is the origin of Section 34, Section 77, Section 29A and Section 29B of the Representation of the People Act. 1951. All these Sections are the origin of the constitutors of Lok Sabha and of every State Assembly. This implies that five-tier centralized top-to-bottom multi-party based institutional structure of governance is the origin of sinners, criminals and corrupts working in Bharat.  </p>
<p><span style="font-weight: bold;">Click For &#8220;<a href="/content/contributors/dr-jag-pal-singh" target="_blank">About the Author</a>&#8220;</span></p>
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		<title>Democracy : Redressal of the contrast between its ideals and its realities</title>
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		<pubDate>Tue, 21 Dec 2010 10:30:41 +0000</pubDate>
		<dc:creator>Dr. Jag Pal Singh</dc:creator>
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		<description><![CDATA[Democracy is a system of governance. Abraham Lincoln defined the concept of democracy in terms of ‘government of the people, by the people and for the people; According to this definition ‘government of the people and by the people is always for the people’. Functionally, multi &#8211; tiers institutional structure of governance (government) constituted (of [...]<div class='yarpp-related-rss'>

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				<content:encoded><![CDATA[<p>Democracy  is a system of governance. Abraham Lincoln defined the concept of democracy in terms of ‘government of the people, by the people and for the people; According to this definition ‘government of the people and by the people is always for the people’. Functionally, multi &#8211; tiers institutional structure of governance (government) constituted (of the people) and operated (by the people) by the voters of different constituencies of the country and their own nominees or representatives is bound to formulate and implement systems other than system of governance; acts; institutions; policies; laws; rules and programmes necessary for the over all development of every citizen of the country, every local society and nation as a whole. Systems other than system of governance; acts; institutions; laws; policies; rules and programmes formulated and implemented by the voters of different constituencies of the country and their own nominees or representatives are always transparent and accountable. Accordingly, the concept of democracy must have been defined in terms of multi-tiers institutional structure of governance constituted and operated by the voters of different constituencies of the country and their own nominees or representatives. Inclusion of the word ‘government’ and the term ‘for the people’ in the definition of the concept of democracy were / are unnecessary. In fact, since beginning they have been providing shelter to the constitutors and operators of the undemocratic systems of governance.</p>
<p>For nominating / electing their own nominees / representatives, the concept of democracy provides democratic rights to every voter of every constituency of the country, i.e. equal opportunity – liberty – right to contest election and to vote in favour of the participating voter of the constituency nominated by himself / herself only. Democratic rights of the voter constitute the ‘ideals’ or ‘theoretical part’ of the concept of democracy. The concepts of ‘vote’ and ‘right to vote’ are the elemental components of democratic rights of the voter. The concept of ‘vote’ in essence and spirit inherently represents the personal choice of the participating voter of the constituency. Such a concept of vote includes three interconnected and interdependent democratic sub-functions which every participating voter of the constituency has to perform at the election. They are : (i) to evaluate the candidature of every participating voter of the constituency including himself / herself; (ii) to select or make a choice of his/her on nominee and (iii) to express his / her choice through ballot paper or through some other media.</p>
<p>For evaluating the candidature of every participating voter of the constituency including himself / herself, every participating voter would require common social denominator. Transparency and accountability demand absolute and unconditional compatibility among thoughts – expressions – actions of the participating voter to be nominated. Thoughts – expressions – actions of every participating voter of the constituency can be known through day – to – day interactions among the voters of the constituency. The concept of ‘right to vote’ must provide absolute and unconditional equal opportunity &#8211; liberty – right to every voter of every constituency of the country to evaluate thoughts – expressions – actions of every participating voter and to casts his/her vote in favour of the participating voter nominated by himself/herself only. As such, the ‘ideals’ or ‘democratic rights of the voter’ or ‘theoretical part’ of the concept of democracy has three social impacts. They are (i) complete elimination of macro forces dividing local society of the country, (ii) complete unification of local society and (iii) complete transformation of every voter of every constituency of the country through absolute and unconditional equal opportunity – liberty – right to contest election and to vote in favour of the participating voter of the constituency nominated by himself / herself only.</p>
<p>The ‘ideals’ or ‘democratic rights of the voter’ or ‘theoretical part’ of the concept of democracy in letter and spirit is implemented through the multi-tiers institutional structure of governance and procedure for election. Multi-tiers institutional structure of governance and procedure for election constitute the ‘realities’ or ‘legislative part’ of the concept of democracy. Multi – tiers institutional structure of government can be either centralized top – to – bottom or decentralized bottom – to – top. Multi – tiers centralized top – to – bottom institutional structure of governance can be either multi – party based or two – party based. Multi – tiers decentralized bottom – to – top institutional structure of governance is always party less. In all, there are three types of multi – tiers institutional structures of governance. They are; (i) multi – tiers multi – party based centralized top – to – bottom institutional structure of governance; (ii) multi tiers two – party based centralized top – to – bottom institutional structure of governance and (iii) multi – tiers party less decentralized bottom – to – top institutional structure of governance.</p>
<p>The constitutors and operators of every type of multi – tiers institutional structure of governance are nominated / elected as per process of election. Process of election is the functional part of the procedure for election. Like other processes, process of election also includes three components (i) inputs (number of contesting candidates at the election) &#8212; processing (exercising right to vote by the participating voters of the constituency) &#8212; net outcome (winning candidate as per rule of election). In order to meet out the requirement of every type of multi – tiers institutional structure of governance, procedure for election provides three separate rules of election. They are; (i) rule of minority vote (the first – the – past the post) (ii) rule of majority vote and (iii) rule of maximum vote based on the concept of MODE of statistics science. Keeping in view the compatibility among requirements and provisions of different types of multi – tiers institutional structures of governance and rules of election, following three combinations can be formulated.</p>
<p><strong>Multi – tiers centralized top – to – bottom multi – party based institutional structure of governance plus rule of minority vote (the  &#8211; first – the – past the post)</strong></p>
<p>In case of this combination, at every election the number of contesting candidates are generally more than two but always less than the number of participating voters of the constituency. Exercising the democratic rights by the voters of the constituency – to contest and to vote at the election – is conditional and optional. Conditional and optional in the sense that in order to attain the status of a contesting candidate, the voter has to submit a valid nomination paper or opt not to contest election. Similarly, in the name of ‘right to vote’ the voter has to endorse the choice of one or the other political party or of any independent contesting candidate or opt not to participate at the election. The contesting candidate getting endorsed by the participating voters of the constituency higher than other contesting candidates getting endorsed, wins the election.</p>
<p><strong>Multi – tiers centralized top – to – bottom two – party based institutional structure of governance plus rule of majority vote</strong></p>
<p>In case of this combination, at every election the number of contesting candidates are always two. In the name of ‘right to vote’ the voter has to endorse the choice of one or the other political party. For every voter of the constituency participation at the election is compulsory. The contesting candidate whose name or symbol is endorsed by more than fifty per cent of the total voters of the constituency, wins the election.</p>
<p><strong>Multi – tiers decentralized bottom – to – top party less institutional structure of governance plus rule of maximum vote based on the concept of MODE of statistics science.</strong></p>
<p>In case of this combination, at every election the number of contesting candidates are always equal to the number of participating voters of the constituency. Every participating voter of the constituency has absolute and unconditional equal opportunity-liberty-right to cast his / her vote in favour of the participating voter of the constituency including himself / herself nominated by himself / herself only. The participating voter nominated by the maximum number of participating voters, wins the election.</p>
<p>Implementation of the ‘ideals’ or ‘democratic rights of the voter’ or ‘theoretical part’ of the concept of democracy in letter and spirit by the ‘realities’ or ‘multi &#8211; tiers institutional structure of governance plus procedure for election’ or ‘legislative part’ of the concept of democracy constitutes the behavioral part of the concept of democracy. Any gap between the legislative part and theoretical part of the concept of democracy, makes the ‘ideals’ or ‘democratic rights of the voter; or ‘theoretical part’ of the concept of democracy unimplemetable, ineffective and meaningless. This outcome is directly related with the behavior of the legislative part of the concept of democracy and not with the behavior  of the voters of the country, political parties, their leaders and / or elected members. As such, the fault is with the legislative part of the concept of democracy.</p>
<p>It is a well known fact that in almost all the so called democratic countries of the world, the ‘ideals’ or ‘democratic rights of the voter’ or ‘theoretical pat’ of the concept of democracy is being implemented through’ the multi-tiers multi-party or two-party based centralized top-to-bottom institutional structure of governance constituted and operated as per rules of minority and majority vote, About the inadequacy and incapability of the adopted ‘legislative part’ of the concept of democracy, Agens Reppliar, an American writer, observed ‘Democracy forever teases us with the contrast between its ideals and its realities’ (The Times of India, July 23, 2008 editorial page).</p>
<p>The most unfortunate part of the story is that the great vision ‘stateless society’ of Karl Marx; ‘swaraj’ of Mahatama Gandhi and ‘party less democracy and ‘ lok—ummidwar of Lok Nayak Jai Prakash Narayana could not provoke the spirit of enquiry in reformers and social activists working in the world in general and in India in particular so as to evolve both the components of the third combination, i. e. multi-tiers decentralized bottom-to-top party less institutional structure of governance and procedure for  election based on rule of maximum vote. As a result, the ‘ideals’ or ‘democratic rights of the voter’ or ‘theoretical part’ of the concept of democracy and other people friendly systems of governance have remained unimplementable and utopian.</p>
<p>In order to eliminate the contrast between the ‘theoretical part’ and ‘legislative part’ of the concept of democracy once for all atteast from Indian representative democracy, keeping in view the demographic size of the country the following lines propose a six-tiers decentralized bottom – to – top party less institutional structure of governance and procedure for election based on rule maximum vote.</p>
<p><strong>Six – tiers decentralized bottom – to – top party less institutional structure of governance</strong></p>
<p>Ward (a geographical area having around two hundred population) &#8211;Village / Mohalla (ten wards) &#8212; Cluster of Villages / Mohallas  (ten villages / mohallas) / District (twenty clusters of villages / mohallas) &#8212; State (twenty five districts) &#8212; Nation (one hundred and ten states). &#8212; In the present circumstances the size of Lock Sabha should not be more than one hundred and ten members.</p>
<p><strong>Procedure for election based on rule of maximum vote</strong></p>
<p><a href="http://frontierindia.net/wp-content/uploads/2010/12/Indian_democracy.gif"><img src="http://frontierindia.net/wp-content/uploads/2010/12/Indian_democracy-300x183.gif" alt="Indian democracy 300x183 Democracy : Redressal of the contrast between its ideals and its realities" title="Indian_democracy" width="300" height="183" class="alignleft size-medium wp-image-12410" /></a>Rule of maximum vote is based on the concept of MODE of statistics science. The concept of MODE represents the value of maximum frequencies. Election expresses the communitarian choice of the participating voters of the constituency / electoral college in respect of every participating voter. To be more specific, the concept of election expresses the level of agreement among the participating voters in respect of every participating voter of the constituency / electoral college. Level of agreement is a scale. The least count of this scale is complete disagreement among the participating voters and the highest count is complete agreement among the participating voters in respect of a particular participating voter of the constituency / electoral college. In case of complete disagreement every participating voter gets one vote only and in case of complete agreement every participating voters casts his / her vote in favour of one and the sane a particular participating  voter of the constituency / electoral college. Generally, the real situation is in between complete disagreement and complete agreement. For special circumstances, special provisions are a must.</p>
<p>The participating voter of the constituency electoral college nominated by the maximum number of voters of the constituency / electoral college is supposed to get nominated or elected as a nominee or representative of the voters of the constituency / electoral college. If need arises, the participating voters of the constituency / electoral college getting nominated by the highest, the second highest and the third highest number of voters at the election may also be considered as elected or nominated as representatives or nominees of the voters of the constituency / electoral college.</p>
<p>The participating voter getting nominated by the highest number of voters at the election, would provide leadership to constitute the institution of governance at ward level. All the voters of the concerned ward would be the members of this institution of governance (this is the situation of direct democracy at grass root level). At a time, a voter can not be the member of more than one institution of governance. The participating voter nominated by the second highest number of voters at the ward level election would represent all the voters of his / her constituency / electoral college at the next level institution of governance. As a nominee of the participating voters of his / her constituency /  electoral college, he / she would participate in constituting and operating the institution of governance at this level and would perform the roles of a contesting candidate and a voter for nominating / electing three second order nominees / representatives. If in this election, his / her position is among the first two second order nominees / representatives then in order to ensure the representation of  the voters of his / her constituency / electoral college in the village / mohalla level institution of governance, the participating voter nominated by the third highest number of participating voters at ward level election would replace the earlier representative and his / her membership at the ward level institution of governance would automatically cease. This procedure for constituting and operating six-tiers decentralized bottom – to – top party less institutional structure of governance would continue upto national  level. In case of world level multi –tiers decentralized bottom – to – top party less institutional structure of governance, the proposed procedure for election may also go upto world level. In the world level institution of governance, the number of the members from a particular country is supposed to be in proportion of its population. The symbolic form of the proposed procedure for election is as under.</p>
<p>Basic Voters / Candidates – the first order nominees / representatives (voters / candidates) – the second order nominees / representatives (voters / candidates) – the third order nominees / representatives (voters / candidates ) – the fourth order nominees / representatives (voters/candidates) – the fifth order nominees / representatives (voters / candidates) – the sixth order nominees / representatives (voters / candidates) – Prime Minister / President.</p>
<p>The election of the representatives constituting the institution of governance at the next level would be held after a period of six months form the day / date of constituting all the institutions of governance at one lower level. All the concerned representatives would attend all the sessions of the higher level institution of governance without right to vote. During this period, they would get an opportunity to interact with each other and to understand each other behaviorally. The resolution passed and approved by the concerned institution of governance  against any of its member would disqualify him / her being the basic voter till the and of the process of next  election .</p>
<p><strong>Main characteristics of the proposed legislative part of the concept of democracy</strong></p>
<ol>
1.Every constituency / electoral college is supposed to have an institution of governance, Nominee or representative is supposed to preside the sessions and the voters are supposed to discuss the agenda and to decide the future actions. </p>
<p>2.The higher level institution of governance is supposed to be constituted after a period of six months from the day / date of constituting all the lower level institutions of governance.</p>
<p>3.Every member of every institution of governance is supposed to be nominated or elected as per procedure for election based on rule of maximum vote.</ol>
<p>It can be logically and firmly said that in India protection of all types of human rights; all types of equalities; all types of liberties; all types of justices; all types of securities etc. demands systems, acts, institutions, policies, laws, rules and programmes from five-tiers centralized top-to-bottom multi-party based institutional structure of governance. On the contrary, democratic rights of the voter or ‘theoretical part’ of the concept of democracy demands six-tiers decentralized bottom-to-top party less institutional structure of governance constituted and operated as per procedure for election based on the rule of maximum vote. Democratic rights of the voter in absolute sense would ensure direct participation of all the participating voters of the country and their own nominees not only in constituting and operating six – tiers decentralized bottom – to – top party less institutional structure of governance but also in formulating and implementing systems other than system of governance; institutions; acts; polices; laws; rules and programmes necessary for ensuring all types of human rights; all types of equal opportunities; all types of liberties; all types of justices; all types of securities; all types of transparencies and all types of accountabilities.</p>
<p>Now, it is upto reformers and social activists working across the world in general and in India in particular whether they want to struggle for each and every agenda separately and individually or want to put collective efforts for organizing programmes and activities generating effective demand in India in particular and in the world in general for absolute and unconditional equal opportunity &#8211; liberty &#8211; right to contest election and to cast his / her vote in favour of the participating voter of the constituency / electoral college nominated by himself / herself only.</p>
<p><span style="font-weight: bold;">Click For &#8220;<a href="/content/contributors/dr-jag-pal-singh" target="_blank">About the Author</a>&#8220;</span></p>
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