We should feel proud of our Constitution
Answers
Answer:
yes We should feel proud of our Constitution infact I really proud of our Constitution
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"No person shall be deprived of his life or personal liberty except according to procedure established by law"
That's all. This one line might seem very obvious to all the citizens, but it is the vague meaning of "personal liberty" is what makes it so powerful.
Who decides what personal liberty is? This small loophole has been used for a variety of excellent purposes.
For eg., I don't have an education, I am deprived of my "personal liberty", hence I am legally given a fundamental right to go ask the Supreme Court why I was denied education!
This indeed happened, and immediately the Right of Education Act was announced, and the article 21A was inserted.
This way, I can go to the SC and file a PIL saying that I am poor, so I am deprived of "personal liberty". The govt will come down to you and will give you a job. (Atleast through MGNREGA)
This way, the citizen can "DEMAND" anything they want, and the government is obliged to satisfy all your demands. If not, the SC will direct it to do it.
This small one line has the potential to change any one's life! That is why, this one line is very beautiful, because of its open-ended interpretation. We, as citizens, should just use it for positive purposes.
Article 311 in The Constitution Of India which gives very strong constitutional protection to all the civil servants should be repealed. Even the Second Administrative Reforms Commission has recommended the same.
This article is being used to shield corrupt bureaucrats with the help of corrupt politicians. Ofcourse, there should be a transparent way of dismissing civil servants only after a thorough investigation. But, having such a strong constitutional backing should not be there.
Only because they cannot be removed easily, the bureaucrat becomes less efficient, corrupt and lazy. Because he already has job security. This is precisely why the private sector is so efficient, because the employees have a fear of losing their jobs if they don't perform well. The Indian babus never have that fear, because they have such a strong legal protection.
So, once they get into the services, they are set for life. Now, all they do is start amassing wealth by joining hands with the politician. This hampers growth and the potential of the country drastically.
Rather, what the country needs is this -
1) Remove Article 311, so that they do not have a strong legal backing.
2) Have three Mid-Career reviews in a bureaucrat's life. Maybe every 15 years.
a) Collect information about all his personal assets, money etc in the beginning of his career, that is, at age 25 maybe.
b) Every 15 years, check his progress report to see if he was efficient and productive. Also, see the growth in his assets.
If the bureaucrat has not been of any use in the past 15 years, and if his wealth has increased dramatically, "sack" him off.
This will make all civil servants ten times more efficient, ten times less corrupt and a lot more citizens will get to work for the government if all inefficient and corrupt bureaucrats are sacked.
So, to clean the government and to propel the country forward, 311 should be repealed, and mid career reviews should be very strongly dealt with. If the essence of "job security" is gone, they will automatically work efficiently