One way to reduces millions of cases which are due to badly drafted laws and circulars. So many Government Servants are victims of badly drafted circulars on basis which they are denied promotions and multiple service disputes arise.
If There is a "Commission of Clarity" where a person complain about any ambiguity in circular or resolutions, the complain can be checked. Even if such a commission may only have recommendatory powers, it can resolve many service related disputes.
So far as Central Government is concerned, it can certainly set up such body without need of Any Bill or Act in Parliament. Since it is for internal clarification department, no need for any clearance from judiciary to set ups such body. Even Judiciary can ask litigant to firsts approach CLARITY COMMISSION to seek clarifications. These could rapidly reduce arrears of cases also.
Some of you might be looking for a weapon of mass destruction of corruption, for removing corruption from India. This Clarification Commission can clarify such circulars so that breeding of corruption may stop.
Since, the Set Up can be to assist Government, the Government should not have any hurdle in setting up such commission.
Secondly some days ago, I put a blog post, "Is Lawyer a necessary? Lord Denning asked" .
Here, you may find answer to this question also.
Why Every Lawyer in This Country is a necessary?
About 50,000 laws, Rules, Circulars, Regulations etc. are slapped on us. If you are found to have violated any of them, you are liable to pay penalty or go to jail. Many businesses and families are destroyed by violation of some law about which they never even heard.
If you go in court, and plead to court that "No one ever told me about this law If anyone had given me even a hint about this law, I would have obeyed this law. Please give me one more chance to obey this law."
From Trial Court Judge to Supreme Court Judge, every judge will reply," We are sorry to hear this. But Ignorance of Law is no excuse. We will have to punish you and send you to jail, or destroy your business, in accordance with law."
Drafts man has drafted these 50,000 laws 'Not to do good to people' but with sole object of "Increasing CORRUPTION" in India.
These Rules and Laws are drafted in such a way, that You cannot understand them, even if you had a copy of Rules.
Let us take look at the provisions of recent FINANCE ACT. (Budget).
Neither lawyers, nor judges are able to read and understand it at first glance!
A friend on twitter, drew my attention to certain provision. I was also not able to understand it.
There were mistakes of English grammar also.
A twitter friend, pointed out to me, a provision which could be a "Mother of Crores of Corruption"
Simply because words."to" and "and" are written side by side, without putting a "Comma" between the two words.
This will lead to lots of cases and disputes in future, and the High Courts and Supreme Courts will take many many year before they will be able to decide, "Whether there should have been a comma, between words "to" and 'and".
So this one answers to question "Why Lawyers are necessary?"
If you have to understand any of these 50,000 laws, you will have to go to a lawyers. If you will go to Judge, he will say, "I can't say. Please consult a lawyer."
So Lawyers are Supreme in India. And not the 'Supreme Court Judges" as it is commonly understood.
Lawyers in this country deserve more respect than they are being given by Society and the Judges.
Cricketers and Film stars can entertain you. But only lawyers can save you from 50,000 legal traps laid down around you.
There was a time when Lawyers were so respected, that even a Prime Minister has to ask for appointment of a lawyer. And the lawyer could refuse him appointment by saying that, "Not today. Today evening I am going with my family to see film 'Three Idiots'. Ask for my appointment on Monday and my secretary will give you time."
Such was the respect for Lawyers.
Now I am about tell you something which I am not supposed to share, but I am sharing this only to strengthen your understanding of lawyers.
Some years ago, private secretary of a Sitting Judge called upon me. He said, Lordship wants to meet me as and when I may have time any day! I was shocked, a private secretary of a sitting Supreme Court judge was asking for an appointment on behalf of Judge, and he was asking for my convenience ??
I replied, there is no question of my convenience. Anytime, their lordships wants to meet me, they only need to tell me. I will come them. They need not come to chamber of poor lawyer like me.
This was only a personal matter. Judge wanted me tell him meaning of something I had written about him. Rest is private things which are forgotten.
But the point here is lawyers are very very important. There are countries where at major public markets, sign boards read,"Parking Area Reserved Only For Lawyers"
I think lawyers in every big city should refuse to defend cases relating to Chief Ministers, unless special reserved parking place for Lawyers are made at leading market places.
This will instantly enhance respect of people towards lawyers, and in return, lawyers will give people best Rule of law.
And, now look, how lawyers in our country are treated! Your every step in your maze of life is bound by 50,000 laws. Only a lawyer can help you pass through this maze. And yet the lawyers look so poor and miserable!
This is all about why every lawyer in this country deserves more respect.
SECOND ISSUE: What is the weapon of mass destruction of Corruption?
Somewhere in 2008, I read about "Commission of Clarity" active in some foreign country. I immediately wrote some letters for need for such commission in India.
The function of Commission is to receive complaint that certain circular, certain law or rule are vague, complicated and are not written in "Simple English Which A Layman can understand"
The Commission will take up the issue. The complained "clause or words will be simplified". It will prevent lots of litigation and corruption.
It is like killing the Demon of Corruption at embryo stage itself. This is simple matter. Neither UPA Government or NDA Government can oppose setting up of such commission.
The only question they will ask is, "How much vote we will get in next election if we promise setting up of such commission, and how much our votes will be lost, if we actually set up such a commission?"
We need to give them answer to this question before we ask them to set up such commission.
Haresh Raichura
15/04/2012
If There is a "Commission of Clarity" where a person complain about any ambiguity in circular or resolutions, the complain can be checked. Even if such a commission may only have recommendatory powers, it can resolve many service related disputes.
So far as Central Government is concerned, it can certainly set up such body without need of Any Bill or Act in Parliament. Since it is for internal clarification department, no need for any clearance from judiciary to set ups such body. Even Judiciary can ask litigant to firsts approach CLARITY COMMISSION to seek clarifications. These could rapidly reduce arrears of cases also.
Some of you might be looking for a weapon of mass destruction of corruption, for removing corruption from India. This Clarification Commission can clarify such circulars so that breeding of corruption may stop.
Since, the Set Up can be to assist Government, the Government should not have any hurdle in setting up such commission.
Secondly some days ago, I put a blog post, "Is Lawyer a necessary? Lord Denning asked" .
Here, you may find answer to this question also.
Why Every Lawyer in This Country is a necessary?
About 50,000 laws, Rules, Circulars, Regulations etc. are slapped on us. If you are found to have violated any of them, you are liable to pay penalty or go to jail. Many businesses and families are destroyed by violation of some law about which they never even heard.
If you go in court, and plead to court that "No one ever told me about this law If anyone had given me even a hint about this law, I would have obeyed this law. Please give me one more chance to obey this law."
From Trial Court Judge to Supreme Court Judge, every judge will reply," We are sorry to hear this. But Ignorance of Law is no excuse. We will have to punish you and send you to jail, or destroy your business, in accordance with law."
Drafts man has drafted these 50,000 laws 'Not to do good to people' but with sole object of "Increasing CORRUPTION" in India.
These Rules and Laws are drafted in such a way, that You cannot understand them, even if you had a copy of Rules.
Let us take look at the provisions of recent FINANCE ACT. (Budget).
Neither lawyers, nor judges are able to read and understand it at first glance!
A friend on twitter, drew my attention to certain provision. I was also not able to understand it.
There were mistakes of English grammar also.
A twitter friend, pointed out to me, a provision which could be a "Mother of Crores of Corruption"
Simply because words."to" and "and" are written side by side, without putting a "Comma" between the two words.
This will lead to lots of cases and disputes in future, and the High Courts and Supreme Courts will take many many year before they will be able to decide, "Whether there should have been a comma, between words "to" and 'and".
So this one answers to question "Why Lawyers are necessary?"
If you have to understand any of these 50,000 laws, you will have to go to a lawyers. If you will go to Judge, he will say, "I can't say. Please consult a lawyer."
So Lawyers are Supreme in India. And not the 'Supreme Court Judges" as it is commonly understood.
Lawyers in this country deserve more respect than they are being given by Society and the Judges.
Cricketers and Film stars can entertain you. But only lawyers can save you from 50,000 legal traps laid down around you.
There was a time when Lawyers were so respected, that even a Prime Minister has to ask for appointment of a lawyer. And the lawyer could refuse him appointment by saying that, "Not today. Today evening I am going with my family to see film 'Three Idiots'. Ask for my appointment on Monday and my secretary will give you time."
Such was the respect for Lawyers.
Now I am about tell you something which I am not supposed to share, but I am sharing this only to strengthen your understanding of lawyers.
Some years ago, private secretary of a Sitting Judge called upon me. He said, Lordship wants to meet me as and when I may have time any day! I was shocked, a private secretary of a sitting Supreme Court judge was asking for an appointment on behalf of Judge, and he was asking for my convenience ??
I replied, there is no question of my convenience. Anytime, their lordships wants to meet me, they only need to tell me. I will come them. They need not come to chamber of poor lawyer like me.
This was only a personal matter. Judge wanted me tell him meaning of something I had written about him. Rest is private things which are forgotten.
But the point here is lawyers are very very important. There are countries where at major public markets, sign boards read,"Parking Area Reserved Only For Lawyers"
I think lawyers in every big city should refuse to defend cases relating to Chief Ministers, unless special reserved parking place for Lawyers are made at leading market places.
This will instantly enhance respect of people towards lawyers, and in return, lawyers will give people best Rule of law.
And, now look, how lawyers in our country are treated! Your every step in your maze of life is bound by 50,000 laws. Only a lawyer can help you pass through this maze. And yet the lawyers look so poor and miserable!
This is all about why every lawyer in this country deserves more respect.
SECOND ISSUE: What is the weapon of mass destruction of Corruption?
Somewhere in 2008, I read about "Commission of Clarity" active in some foreign country. I immediately wrote some letters for need for such commission in India.
The function of Commission is to receive complaint that certain circular, certain law or rule are vague, complicated and are not written in "Simple English Which A Layman can understand"
The Commission will take up the issue. The complained "clause or words will be simplified". It will prevent lots of litigation and corruption.
It is like killing the Demon of Corruption at embryo stage itself. This is simple matter. Neither UPA Government or NDA Government can oppose setting up of such commission.
The only question they will ask is, "How much vote we will get in next election if we promise setting up of such commission, and how much our votes will be lost, if we actually set up such a commission?"
We need to give them answer to this question before we ask them to set up such commission.
Haresh Raichura
15/04/2012
