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. This would apply
to all 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
MEMOIRS
An autobiography
by
Joseph J. Thayamkeril
Lawyer, Kochi, Kerala, India.
josephjthayamkeril.blogspot.com
josephjthayamkeril@google.com
josephjthayamkeril@gmail.com
