The central and state governments should
take particular care in the welfare, well-being and prosperity of their
people. Coupled with the above, the
stability and security of the country should be maintained without any
compromise.
Every citizen shall be given adequate food and clothes at
affordable prices. Shelter is another important item. Based on the principles
of equality of opportunity, equitable distribution of wealth, and public
responsibility for those unable to avail themselves of the minimal provisions
for a good life, shall be given provisions free of costs, since they are
primary needs. Ware-houses and distribution system shall be strengthened to
make provisions available at all times. The prices of essential commodities
shall be kept steady. Education up to plus two level is guaranteed by the
constitution of India. Creation of employment to the rural poor is significant.
Moreover a welfare state is duty bound to supply a reasonable quantity of potable water, electricity, cooking
gas, health care, and sanitation and communication facility free of cost to the
common man. On humanitarian grounds, the state is bound to bestow social
welfare assistance, protection, and security, and dignity and honour to ill or
otherwise disabled and for the widows and unmarried girls. “Every citizen has a
right to a decent living.” Is the government justified in charging exorbitant land tax and property
tax on buildings with less than 100 Sq. M.? The welfare of the poor citizens
and unorganized marginal agriculturists, who are the backbone of the society,
is significant.
The poor and
the marginal farmers are at a breaking point; they cannot bear the brunt of
various levies imposed by the government and the local authorities.
Funds for social welfare shall be raised by progressive tax. Such
taxation usually includes a larger income-tax for people with higher incomes. This would
reduce the income inequality and reduce the gap between the rich and poor.
Since I was involved in a lot of social and developmental
activities in my village, I had the wonderful opportunity to visit the
parliament at New Delhi, secretariat at Thiruvananthapuram, civil station at
Ernakulam and Trippunithura, taluk offices at Ernakulam and Kochi, Block office
at Vyttila and local village office and panchayath at Panangad and various departments like
electricity, water supply, PWD (roads
and Irrigation and Inland Navigation), railway and their offices situated at
varied places like Panangad, Maradu, Vyttila, Mattancherry, Ernakulam, Kakkanad
and Thiruvananthapuram. Being a lawyer I had the opportunity to appear before
the tribunals like land reforms, labour, sales tax, income-tax, excise and
customs, debt recovery tribunal; civil and criminal courts in lower and higher
levels at various stations in the state and in the high court of Kerala at
Cochin as part of my legal profession. These wonderful experiences from my
encounters in these institutions were amazing. That gave me a direct awareness
about the problems that a common man confronts vis-à-vis the State. The arrogance of government officers and
employees has no limit; they behave as if they are public masters with few
exceptions. Behavior of some of them is disgusting. A good number of them are
corrupt.
It is pertinent to note that the state is
the major litigant in this country. Half the litigation is based on the ground
that quasi-judicial authorities are violating the “Principles of Natural
Justice.” In English law, natural justice is a technical
terminology for the rule against bias, “no person shall be a
judge in his own case” (nemo judex in
causa sua) and “the right to a fair hearing” (audi alteram partem.) If the concerned officer reads and
applies his mind to the relevant provisions of law and the law laid down by the
Supreme Court of India or the High Court that squarely apply on that particular
point another twenty per cent of the cases can be avoided. I have noted that
the government and the concerned authorities fail to implement final judgments
/ orders passed by the High Court and the Supreme Court of India. Why should
the government wait for an order in contempt petition to implement judgment /
order that has become final and conclusive?
I had occasions to come across a lot of
below average matriculates occupying clerical to senior gazzetted posts
especially in the revenue departments and the civil station at Kakkanad, and
the secretariat at Thiruvananthapuram. More than 70% of their seats are vacant
but the lights and fans are always on. Their discussions are centered on their
promotions, increments and other allowances or some other gossips or dirty
politics. Most of these employees are now provided with computers but very few
know how to use them effectively. Many of them are incompetent to do their job
because they do not have the capacity and caliber to read and/or understand a
petition as well as the relevant provisions of law applicable. How can they
help or grant relief to common man? The government is giving attractive salary
and other allowances to their employees; then why don’t the government appoint
post-graduates, professionals like lawyers and engineers to do the
quasi-judicial jobs and to serve the common man better.
There shall be a separate and independent
authority to evaluate the work of public servants. Those who do not work are
not entitled to any salary or allowances; they shall be demoted or dismissed
from service. Those who work with devotion and dedication shall be specially
rewarded and their services recognized. Merit alone shall be the criterion for
promotion to higher levels.
The government employees are a separate class who enjoy sovereign
powers and special privileges. They should be impartial, and honest in their Dharma and Karma, (do their duty
strictly in accordance with law.) They have to work under governments headed by
different political parties with varied manifesto. Their allegiance to
political parties and trade union activities is definitely a hindrance to do
their job sincerely. This badly affects
their impartiality and development of the state. However it is the duty of the
government to look into their grievances and make them contended.
Recently, I went to the Water Authority
situated at Eroor to remit my water bill. Though the water authority has made
alternate arrangements to pay the bill through their local “Akshaya” agencies and through internet
banking; this has not received much publicity through the media. I noted a long
queue of people, mostly labourers and employed men. The monthly bills for
domestic consumption comes up to just 100 to 200 rupees; but customers had to
wait in the queues for hours; some of
them might have even suffered loss of a
day’s salary and / or wages amounting to 500 to 1000 rupees over and above their
conveyance expenses. Another problem the consumer encounters is that the
availability of water meters. They are of such poor quality and have to be
changed quite often, spending not less than 2000 rupees towards cost and
charges. I understood from the Asst. Executive Engineer, Eroor Division, that
there are almost 36747 domestic water
connections and 945 commercial and industrial connections under their Division.
Their monthly collection is almost 24 lakhs from the customers. They have about
forty-five employees and they defrayed an equal amount towards salary,
perquisites and other emoluments. Can’t the government avoid water charges and
unnecessary harassment of common man? A few decades back, the government was
facing an acute unemployment problem. This may have triggered the creation of
new and additional posts and staff to fit into them. At present “the
Globalization” has brought in a lot of new opportunities to our people. In this
modern age of computers the staff strength has to be reduced to save
prohibitive salary and other expenses. After the introduction of computers,
staff strength has not been reduced in any of the government departments. The
vicissitudes should reflect in thinking process as well. The service of
employees in billing and collection of water charges and other surplus staff
could be utilized for other useful purposes or be transferred to other
departments. There are no new projects for implementation in the Irrigation and
Electricity departments and therefore the services of excess engineers,
overseers and other staff has to be transferred or terminated. This would apply
to all other jobs in other departments. The government should not expect profit
from all the projects that they embark on. The government and the local authorities
should supply adequate potable water, electricity, cooking gas and sanitation
free of cost to the common man and marginal agriculturists. However, it is open
to the government to fix higher tariffs for commercial and industrial and other
big consumers.
I am immensely happy to learn that the
government has hiked the salary of its employees. Now they are contended with
their pay packets. The government has increased the salary, perquisites and
other benefits of the members of parliament and legislatures. I appreciate the
hiking. But I would like to point out that enhancement of salaries to an
unreasonable level makes them lethargic, makes them corrupt, and induce them to
neglect their duties. Is it fair or proper or justifiable to expend the entire
revenue of the state for payment of salary and other emoluments to 2% of the
population comprising elected members, government servants, military
personnels, teachers and others? Each time when there is a hike in salary it is
reflected in the price of essential commodities, vegetables and other goods in
the open market. The chasing power enhances the price of goods. The labourers
and the organized sector could clamour for higher wages. But, where do the
common man, the unorganized agriculturists and other suffering classes go for
the extra money required. Enhancement of salary is not a solution in itself.
The government shall make earnest efforts to keep and maintain the demand,
supply and price steady. Don’t we need funds for infrastructure development?
The governments are created to protect the
natural rights of life, liberty and property of its subjects. The governments
shall not neglect the welfare of the people. In the event of a government do
not come up to the expectation of the people; the people, have a vested right
to protest against it. Their anger and resentment might build up into a full
scale revolution. If necessary, the people are naturally and rationally
justified in overthrowing a government in power in a peaceful way.
Excerpts from
NEED OF THE HOUR
by
Joseph J. Thayamkeril
Lawyer, Kochi, Kerala, India.
josephjthayamkeril.blogspot.com
