Must the Indian Parliament be dissolved to protect the Constitution?

After a tumultous 2011 for politics and corruption in India we should go back to the fundamentals concepts on which our Nation was created.  So here is how our Constitution opens :

THE CONSTITUTION OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Just look at the words highlighted (by me) in the opening preamble of the Indian Constitution. Each word in this preamble was discussed, argued, fought over, and after much debate was included in this, arguably one of the best Constitutions ever written for any Democracy. Should we not at some time ask after 65 Years of Independence ( I do not use the word Freedom deliberately as there is so much more work and conflict we will have to go through to achieve that beautiful word), ask if any fundamental words have been achieved ? And if not, is it not time, after 65 years, to stop blaming individuals or Governments.  But blame the system that has usurped Indian Democracy into self serving, power hungry groups and organizations  in complete defiance of, and in a way prostituting the very concepts that allowed the system into power in the first place.

Lets talk SECULAR.  please read the following in Section 123(3) in The Representation Of The People Act, 1951 – which lists  a number of corrupt practices for which a Candidate will be  barred from the electoral process :

(3) 1[ The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols …

Yet all elections today Regional and National elections are fought on exactly the issues forbidden by the very Constitution under who’s guise the candidates fight for power. Whether they are regional parties or national parties. Secularism is just a word to be touted in India that means nothing. Certainly not in the electoral, and therefore the democratic process. Whats worse is that we, and under the influence of our Media accept that as a fact of life and actually laud Rahul Gandhi’s political acumen when he tries to ‘divide the Muslim Votes to the advantage of the Congress in UP”. Not my words. But the words in every Newspaper and so called Political analyst in India.

What has happened to us ? Why are we not only standing by and accepting this, but arguing and analysing the whole process as if there is nothing fundamentally corrupt in it ?

Is the Constitution just a word that means nothing anymore ? How can that be ? If it means nothing then India’s electoral process means nothing, the Parliament has not legal standing. The system has becomes a Pandora’s Box that has taken over it’s reason to be. The existence of corruption has become the system’s reason to be. It serves neither the Constitution nor Democracy. In which case what gives it the right to exist expect Intertia of the people caught in a trap of ignorance ?

Which is why the Anna movement, Lok Pal or not, was so fundamental to our re evaluation of ourselves. Which is why I supported it. And continue to do so.

The Sytem has become an animal that has run amock and is loose without the reigns of the Constitution to hold it in check.  Its individuals knowingly flout the fundamental charters written in the key words of the Constitution even as they take an oath of allegience to uphold the Constitution in Parliamnent.  Surely that is a treasonable act ?? And those ignorant MP’s that kept repeating that stupid phrase ” To stand against Parliament is to stand against Democracy. Parliament is Democracy. Threatening legal action against anyone that said otherwise.

Our Parliament is not Democracy. Anything but, as recent events have proven. But lets look at more fundamental concepts so dear to our founding fathers of the Constitution :

Justice, Equality and Dignity of the Individual

After 65 yeas of the parliamentary system of course there is Justice, Equality and Dignity of the Individual. But only for those that are in a position to demand it. Are in postition to force it. There is no dignity for the world’s largest number of poor in the world that live in India, who barely manage to survive or die of malnutrition.  There is no justice system where for a mass of people for whom being drawn into a court case  means a lifetime of harassment unless you can buy your way out.

And Freedom of Expression ? Its what we all talk about  all the time when we compare ourselves to (say) China. But what the use of raising your, voice, pleading or shouting when there is no one to listen to 90% of Indians ? When I did Bandit Queen we wrote a dialog which translates as ” If you kill, don’t kill just one, kill many for then they will write about you, make you famous. Let you surrender for political gains, and even give you a pension”.

It’s metaphoric. Do ordinary Indians need to ‘kill many’ for their voice to be be heard ?

In 2012, please think. Lets debate. We need to go back to the original concepts of our Constitution. Of true Freedom. It cannot be Democracy and Freedom of the few for the few.



81 Responses to “Must the Indian Parliament be dissolved to protect the Constitution?”

  1. MindChirp says:

    Its all about the quality of the people at the helm and not the system itself. A set of patriotic / genuine people can build a nation even using a mediocre system of governance. While a set of wrong people can ruin a nation using the best system like democracy. Key is to get the right people in.

    Another fundamental flaw is wastage of talent in the opposition. People in opposition waste so much energy in opposing for the sake of opposing. They are also elected and hence should be allowed to co-rule. The cabinet be formed from both parties and led by the leader from winning party.

    Last by not the least, Freedom of expression does not mean much unless their is a right to be heard on the other side. It has become too convenient to ignore the voice of helpless masses.

    There are a large no of people wanting to spend some time from their lives for betterment of polity. Key is how. If anyone is willing to do something, an hour everyday on that front, what exactly should he/she do?

  2. We don’t want to tow the bandit queen line, yet we can’t take have the “It cannot be Democracy and Freedom of the few for the few” way.

    We are gathering mass like a cyclonic storm system, on reaching critical mass, the present day “Bhura Saheebs” would be thrown out from their position of power.

    Hoping and awaiting for that day. That’s why I support Janlokpal and similar movements.

  3. Arjun says:

    A must read article for any person who cares about India & wants to serve it.One of the solutions is to encourage & support Independent candidates who can voice ppl’s demands, take a stand based on the dictates of their conscience rather than on the direction of their party’s High Command.The more Independent candidates we have,more will be dilution of powers of Political parties.

  4. Kaka says:

    Shekarji, You nailed it…

    I am sure that there are many Regional, National and International personalities like you, from Movies, Art, Literature, Sports, ex-Diplomats/beauraucrats etc, fully agreeing to the fact that India needs to change, change FAST. Especially the whole Parliamentary system, Law making process and procedures, Election system, Inner democracy and policy decision making withinn political parties [In congress it is sabotaged by the High Command (read the Two G’s, not the 2G spectum!!)].

    All Indians should ask an important question and search themselves to have a clear answer..

    1.Who are responsible for and who are the beneficieries of the present toothless systems???

    Answer to the 1st is very simple..They are the Persons who are the most powerful and most corrupt..who are they?? They are none other than the powerful politicians..in congress, it is the “High Command”. In other parties there are similar core groups..who control the HIGH corruption and HIGH power..The filtering effect of this trickles down to all levels in polotical parties and also to bueraucracy and other wings of democracy..

    So from the above we should understand that the primary largescale beneficieries of this system are High Power Politicians. Then there is the High Power Bueraucrats/Executives.

    This leads to the MILLION DOLLAR Question:

    2.Who will fix all these burning issues???

    Politicians being the primary beneficiaries will always try to defend, protect and nurture this system at any cost..for this they will play any and all tricks..use any kind of shields and support..like “parliament and constitution is supreme”. They will use all channels for propoganda.. TV Channels, Reporters, News Papers etc. We can easily see this happening every day…THE ONLY WAY TO “SCARE”/BRING IN LINE THE GOVERNMENTS AND ELECTED REPRESENTATIVES IS BY SHOWING THE CIVILIAN MASS POWER..PURE STRENGTH OF PEOPLE POWER..MASSES..THAT IS HOW INSURMOUNTABLE SITUATIONS AND REVOLUTIONS HAVE BEEN WON…

    As you wrote Anna is the only one who came up with some fight..this is really sacry to see..why? Because he is first of all 74 years old..Where is the “Yound India” ?? Our youngsters need to take leadership if such a national movement has to succeed against all odds.

    From the above facts one could easily conclude that although Anna has been successful in projecting Lokpal as the top issue and to certain extent pressurise the Government and the Political class, no one still belives that the force of this mass movement is sufficient to pressurise these Hardcore politicians to make / pass a strong enough Lokpal bill.

    So ultimately the whole efforts and drama are all wasted. This is the sad story of ‘NEW INDIA’. Unfortunately, our new generation (i mean people in the age group 25-55, the people who are most productive..whose money is being eaten up thru corruption) is a disappointment in their role/participation as true Civil society in Nation Building.. This is the time they should take lead and get things done… Nobody is going to get them a corrupt free environment..a corruption free India..

    Hence, my appeal to you and people like you, who can analyse and synthesise the issues and be independent from strong political affiliations and more importantly, who has a srong influence on the citizens (25-55 yr olds) to get directly involved in the movement.

    With the kind of law making prevelent in India, without direct pressure on parties, the srong bill will only be a dream..so please yourself and other such eminent personalities, please come forward to supprt the leaders of the movement and help in bringing more masses to the movement…please come on National TV, come on Stages, Come on Campaigns ..Please don’t let down the people of India at this historic period in time..Jai Hind.

  5. Rudra says:

    Shekhar,

    I have issues with your very first sentence. Read this carefully :

    What is a ‘Nation’ ? How is it different from a ‘Nation-State’ ? This confusion of terms is only another example of the ignorance of the educated masses of India.

    Our Nation was created in pre-history and is of an antiquity that no archeologist has been able to dig and date , except the Arrogant European Indologists of the 19th century , who broached on this audacity driven by their Judo-Christian History Centricity. So our ‘ Apourisheya’ Srutis were dated as 1500 B.C. to fall in line with Biblical timeline for their 7 day Creation story !!

    Our Nation -State however , taking from the Westphalia model was constituted many times over by the British and one final time in 1947 . However , there are serious concerns about the ‘Independence’ from Britain and ‘Formation’ of this Indian Nation-state as it exists now.

    On 15 Aug 1947 , all that was signed by the Indian Constituent Assembly was the ‘Intrument f Transfer of Power’ , not a ‘Charter of Independence’. There is a serious flaw in the legal statu of Independence. Many people donot know but the Queen of England has all the legal powers to un-do the ‘Instrument of Transfer’ . Why is India a part of the British Commonwealth at all ?? It is a travesty of mighty proportions.

    Now comming back to the constitution itself – you highlighted 3 words of your choice. Why ? Ae other words not so important ? Why focus on Secular ? It is good you did . Because , you are FACTUALLY WRONG.

    The Preamble of the constitution was AMMENDED in 1976. The word secular was inserted into the preamble by the Forty-second Amendment.(1976). It implies equality of all religions and religious tolerance. India, therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose.

    This however poses a serious challenge to the Nation and the Nation-State. Why ? Because fo the presense of Exlusivistic , History-Centric Religions offered the freedom to Evangelise and COnvert anyone.

    Examples ( not including countless fastly receding neighbourhoods):

    Nagaland was 2% Christian in 1947. By 2010 , it is now 95 % Christian and Hindu Girls are shot dead for wearing a ‘Bindi’.

    Islamic Kashmir Valley drove out 20% Hindu Minority and Hindu Pundits are refugees in their own country !

    India is secular , due to its Vedic Civilizational Ethos of ‘Sarva Dharma Samabhav’. Indian constitution is not the Origin nor the source of Indian Secularism !!! This is a Lie.

    In India we never had an idea of religious demography. Because religion as understood in India was never in the sense it is understood outside India. There was no religion outside India which could accept another religion as true as itself. So when the Parsee came to India we accepted him. His method of worship was as great, as sacred, as proper and as correct as our own. We accepted his way of worship even if we did not adopt or follow it. The Muslims too came to India – the Shias landed in Gujarat, persecuted, raped, and butchered. We welcomed them. The Jews landed everywhere along the western coast – another persecuted people. One of the oldest synagogues is in Kerala. They all came here, persecuted elsewhere but they felt safe in India because we never saw them as being different from us just because they worshipped different Gods or because their methods of worship were different from our own.

    All this was thousands of years before the Constitution existed !

    India is Secular because it is 70% Hindu ( Not 82% anymore and falling). Muslims are close to 17% and Christians 10 % and fastly growing.

    Do you think India will be Secular , when it is 80% Islamic or 80% Christian ??? Never mind what is written in the constitution.

    Look at the plight of Hindus in Bangladesh and Pakistan and SriLanka ( which banned Tamil Language and removed voting rights of Hindu Tamils ) as a pointer.

  6. Reetesh says:

    I concur with Rudra`s point; why when I say I AM A HINDU can be treated as Communal where as people are forced and incentivised to become a Muslim or Christians? I was approached to convert, I know many people has done so because of incentives or for many other reason that I cannot divulge here.

    I never thought that I would think like this (Majority, Minority etc sham that is being played out). The reason why this has happened is because the friends with whom I used to go to temple does not visit my home because I will offer them prasad.

    Why not Hindus are treated as Minorities in Kerala, Nagaland perhaps in AP and J&K also?

    Sekhar- Why don’t you make a film to expose this dirty game being played!

  7. P ParthaSarathi says:

    Actualy we the people of india in their normal daily life r just follow like defined by constitution but the polititions r such people whos main motive to divart the view of genaral people in such unconstitution activitise for their own need, u can fine there is no democracy in most of the political party in India,then why should they follow democracy,they just follow the word of their HC.thats why they make our democracy just mokary..now the time come to send them a clear msg frm people of india that india need ‘ Jantantra’ instide of ‘Daltantra’.

  8. Ashoka says:

    Congress Has destroyed India, and BJP thinks in the line of cong but difference is their vote bank.

  9. Kamal Upadhyay says:

    Good one. agree with you that have to kill many to get heard.
    bahero ko Suna ke Liye BOM ke dhamake ki jarurat hoti hai.
    @Doingkamaal
    http://k9kamal.blogspot.com

  10. True indeed. But realization of this dream seems distant. India is facing a complete political void today. I too supported Jan Lokpal Andolan in hope of getting a leadership, but it seems gone astray. This is what happening in political arena. some come with a noble motive but then overpowered with the self desire and ambitions 🙁

  11. Subhash says:

    I am thankful to you for writing a thought provoking article. I am for years together trying and making all those whom I am approchable to study the constitution in its true spirit. For me constitution is religion.

    We should stop blaming individuals. No one should be criticized. Everyone is doing at its best. But the problem is with us-We the people. What is needed is to make people aware about the dangers of adoring individuals. What is needed is more and more people should assimiliate/inculcate provisions enshrined in our best ever constitution. The unrest that we see is because we the people do not understand the power of ONE VOTE. Let us do something to make people aware of the provisions in constitution. I am ready to work for this cause. Please let me know if you are !

  12. Rakesh says:

    Even next time similar set of people will come. It will not be possible to select right type of people till right to reject comes. only after that option is available to the voters parties will be serious in putting up right type of candidates. At present in almost all constituencies from the type of candidates put up for election it is like selecting between fire and deep sea.

  13. Harb says:

    Our laws are like in-laws, always good for only a few generations. One’s/Krishna’s laws are like out-laws, always there to break them at the right time and push things forward.

    Enjoy doing whatever, Krishna knows what result to create and those will be always better and for the best.

  14. marknikolas says:

    Yes..!! for sure I agree with u. But the question is tht do we have a better option..?? This system is ineffective more bcz f d ppl running it n d ppl who belong to it, we, the normal public. We know tht politicians r making us fool, yet we fall for it. PPL dnt want to do anything themselves neither they let anybody else do it for them. PPL raise questions a n doubt unnecessarily abt team Anna.
    They dnt participate neither they allow team Anna doing it..!! Tht means ppl of ths country dont deserve Anna Ji ..!!

  15. Anshu says:

    I concur with Rudra. India is secular because we are majority Hindu. Turkey is the only country in the world that has a Muslim majority but is still secular. Otherwise no such countries exist.

    The Right to Propagate ones religion is fine as long as it is in conformity with local social and cultural norms. The newly sown Evangelical movement is not good in terms of the long term affects it has.

    Whole tribes in the African and South American continents have suffered due to this phenomenon. Zealous evangelicals have brain washed them into accepting Western ideals – which are not in sync with their local environment and living requirements. For e.g. a tribe in Africa used to pray to a certain tree – which had medicinal value. They believed this tree to be a place where their ancestors souls resided. Evangelicals came in and convinced them that the only Spirit they should believe in was their Holy Spirit and the rest all were useless.

    Over time these tribes stopped respecting those trees – and where at one time they were protected – the trees were now felled for fuel. Now instead of getting natural medicines from the forest – these tribes had to purchase modern pharmaceutical drugs – which were a very expensive subsitute.

    I look for a day when conversion itself becomes illegal.

  16. Pradeep Doda says:

    I wish we have more such articles.More such people.More such media who will debate and propagate these thoughts.

    But alas we are short on all these counts.

    Now we need people who will not tell us what is wrong but will lead /guide us what is to be doe in these circumstances.

  17. Chand Narayan says:

    Dear Shekhar,

    Thanks for stating the simple and obvious that all the media analysts seem to be ill equipped to understand…

    It is abundantly clear that our nation’s governance has been hijacked by cynically corrupt and venal individuals who have grouped together to play our democratic processes and systems every ulterior way for all it is worth. They are a truckload of dung that we never wanted, especially in the highest offices of our land.

    They are worse than even the British who were at least honest about why they were in India, and were shamed into leaving when Gandhiji’s moral force brought their despicable character under their self-observation.

    I think there’s merit to what someone said here earlier – bring the right people into positions of power.

    If you get the right people into positions of power (exAMPLE: Shri. E Sreedharan and the Delhi Metro), they are more likely to evolve existing systems and processes into the next level rather then lining their own pockets and entrenching & furthering only their own vested interests.

    The problem with this proposition however is that all self-resolved people of high capability and integrity tend to have no need for power, or money beyond their simple needs, nor hunger for public acclaim.

    We may literally have to cajole these individuals to assume public office – for the larger good. That is the ONLY reason that will make the modern day “Bodhisattvas” take up something so demanding and taxing.

    It is completely insane to expect a “career politician” to be able to do what a capable and intent Bodhisattva can do!

    I guess the first thing we can do – is to start preparing a list of such individuals – “bodhisattvas” in their thoughts and deeds – that humanity will be proud of!

    My nomination obviously starts with
    Mr. E Sreedharan – as Minister for Railways
    Narayanan Krishnan – the Chef who feeds the homeless – as Food Minister…

    Do you know people around you who stand out for their personal integrity, personal mastery, courage and compassion?

    They’re the ones we need in our highest public offices…

    … and not the truckload of dung we have today!

  18. Divya says:

    Shekhar, when you say ‘Indian Parliament’, do you mean the ‘Institution of Parliament’ itself (BOTH houses), or only the Lok Sabha?

    If the institution of Parliament itself is to be dissolved totally (make it non-existent), then the Indian Constitution itself needs to be overhauled and amended completely (right from Article 1 to Article 395). And ironically, the power to amend the Indian Constitution lies only in the hands of the Members of Parliament (elected representatives), by a 2/3rd majority. This is also clearly mentioned in the Constitution. Meaning, in order to make our MPs less powerful than they are, they need to voluntarily give up their power!!! Can you ever imagine our MPs voluntarily giving up their power/supremacy??

    If the Lok Sabha has to be dissolved, it can be done by the following ways:

    1. President sacking the government (very, very unlikely….don’t know where Ms. Patil’s loyalties lie…that’s the big problem)

    2. Some of the allies of the UPA withdraw support due to which the government HAS to prove its majority on the floor of the house (recall the Trust Vote of 2008). If it fails to so do, govt. has to resign immediately.

    3. Money Bill (presented during the budget) being rejected by the Lok Sabha, in which case, the government has to immediately resign.

    4. Cut motion (in financial policy) being moved by the opposition against the government is accepted on the floor of the house. The govt has to resign under such circumstances.

    5. No-confidence motion being moved against the govt by the opposition is accepted, govt has to resign (this was the effect of AB Vajpayee’s 13-day term as PM).

    6. LS can also be dissolved just before upcoming LS polls (most common). If none of the above situations occur, wait till 2014 for this situation to take place.

    The reason I asked if you’re talking about LS or the institution of Parliament itself, is because Rajya Sabha membership depends completely on the State Assemblies and Assembly (State) Elections, and of course, the nominated RS members as well (and nothing to do with people directly electing the members). RS members are NOT directly elected by the people.

  19. Kris says:

    Thanks for your invitation to debate. I can feel the pain in your heart. While most of what you feel and say is equally shared by me and I am sure many more Indians, there is much more to it.
    Let us start by thinking outside the box. What is democracy, not only with reference to India but as is understood worldwide? In the system as it exists now, democracy means,
    For the political contributors;
    By the incompetent executives
    Using taxpayers’ money.

    We don’t need a PhD in polity and administration to understand this. How it operates is that in India a group of one perceters, the visible politicians, collect huge contributions from the rest of the non-visible politicians, and remit to the their respective political parties on tacit understanding that they retain 15% of what they collect. In the US it is the other way round. The non-visible of the one percenters make political contributions quite openly, through the Lobbying companies. In either case, the Government and Administration works for their benefits.
    The dumb masses, who are made to believe that they are actually elect the Government /Administration, that constitutes the 99% population, pay taxes on the maxim “No taxation without representation” and then go out ‘to have fun’.

    The same set of microscopic minority decide who all (out of millions in the US and billion plus in India) should be deprived of their earnings and by how much. Then, this very group of persons decide who all should and should not get the benefit of the distribution of tax money extracted out of the voters by force. Let us get the facts right. Since a small group amongst the 1 percenters have made the political contributions, they will sure extract their pound of flesh out of the visible politicians. As for the voters, by voting they have entrapper themselves into the net that has been so carefully spread out by the one percenters with the maxim ‘no taxation without representation’.

    Anyone can guess why it is not possible to eradicate corruption from this system.

    Now consider what does this Constitution of India worth. I was not there when a small group of persons arrogated to themselves the authority to write the Constitution of India and nor were you. Three things are said to have been guaranteed among the Fundamental Rights namely right to person, right to property and right to Association.

    Also under this system out of the three wings of Judiciary, Executive and Legislature, ‘we the people’ do not elect either the Executive or the Judiciary. Of the Legislature we only elect one of the two houses.

    Under the Cr PC a person may be detailed (his/her freedom curtailed) without conviction and pending a trial for 14 days. The way judiciary functions is that this period can be extended any number of times in a such a way that persons who are not connected to the powers that be can be actually imprisoned for years together just by repeated 14days, without the Commissioner of Police/ IG police appearing before the court, nor is the SHO is required to put up a presence before the court. These are done at the level of the Constable and Head Constable. Do “we the People” have any say in the matter? Do we have a say in the appointment of judges? True the Art. 225 (or somewhere close it) enjoins upon the High Courts to ensure that the courts below act properly. But who is to ensure that this is happening? How many times, in the past six decades has the Parliament ever looked at it? The right to person still remains so many words, mere words without any visible purpose.

    Let us have a look at the right to property. Most people all their life salt away a small portion of their periodic earnings for their old age. After retirement in most cases the real value of their savings plus interest thereon is much less that what they had saved over decades. The value of money is manipulated on behalf of the state by the Fed bank of the country. At least the US they have a name for it, QE-1, QE-2 and perhaps soon a QE-3. In India we don’t even have a name for this act of printing more and more papers called currency notes. “We the people” have no say in the activities of the RBI. Whether they increase the amount of paper currency notes or increasingly allow plastic money adding the quantity as well as velocity of money, thereby reducing the individual’s savings.

    Again, the exchange value of INR is regulated and manipulated by the Federal Bank, without any representation of the people. By allowing the value of INR to fall w.r.t to say USD, the small group of persons who are in export business get wind fall gains, while the import bill of fuel sky rockets resulting in price increase for all consumer goods. What options are available to the public against this action of the RBI? None. If rupee is made stronger, not only will the price come down as reslt of lower bills paid for import of fuel, but also the value of imported goods become cheaper.

    Out of taxpayers’ money, certain amounts are earmarked to be spent according to the priorities of the representative of each constituency. The persons whom ‘we the people’ sent to the Parliament to keep a watch on how much money is collected and from whom, by way of taxes, and how it is spent are themselves vested with executive powers to spend the tax money. How can we expect them to keep a watch on the Executive and its exercise of financial powers?

    Right to Association (including religious association) is a Fundamental Right guaranteed in Chapter III. Then how can there be a valid provision in the Peoples Representation Act, going against this fundamental right to association. People are not only economic animals. I do not want my place of worship to be controlled by a Government of Board. Do I have not a right to associate with people and elect a person who will remove this kind of acts by the state? Chidambaram Natraja Temple has come under the control of Tamil Nadu Government while the Kalkaji temple in Delhi is control by the people following that particular sect. How can I not have a right to associate people to vote out the Governments that have an eye on either the Chidambaram Natraja Temple or the Padmanabha Temple in Trivandrum when it is a matter of common knowledge that any control by government agency will result in wasting away all the savings the devotees, accumulated over centuries?

    Faith is the deepest part of a person and integral to each person. Vatican can be a state under the International law. Why cannot the Muslims religious body have similar status, may be a part of Saudi Arabia is declared a sovereign state? Back home, why cannot Hindu religious body be independent of the political state?

    Coming back to the original question, do we need to have a democracy, which is for the benefit of the political contributors by the inefficient Executive spending the taxpayers’ money? How can corruption be eliminated in this system? How would having one more institution called Lok Pal or by whatever name help the matter in any way, when with all the volumes Basu’s commentary on Constitution of India does not help attaining and realising the fundamental right to person and property?

  20. satish says:

    very good website and good views. i’ll write on it soon

  21. kshitij says:

    Your efforts are commendable Mr. Shekar… very good article , keep it up.

  22. Saurabh says:

    Our Nation can only be improved when youth will come in politics .We have to put an age bar on these politicans .Apart from othere points written above.

  23. […] Of true Freedom. It cannot be Democracy and Freedom of the few for the few – Shekhar KapurMust the Indian Parliament be dissolved to protect the Constitution?shekharkapur.comAfter a tumultous 2011 for politics and corruption in India we should go back to the […]

  24. sir,namaste
    this is what we r saying for last so many years, this copycated constitution is a summary of all western constitution, and the drafters only use guides without context to the indian ethos and conceptuality,and by the way democracy the religion of the west is it self in shambles, where was the need for parties even 2 party in america cannot come together for making a decision, senate verus congress
    oh by the way read this, democracy of the,by the, for the people….where is it mentioned pimps or parties, or elected (parliament ( selected rajya sabha)))

    this is white skin mentality divide and rule, religiously (hindu muslim) socially(rich and poor, politically(2 or more parties) economically(haves and havesnot)

    Now we indeed need new world constitution

    virtual parliament with gram panchayats, district panchayats state panchyats, etc approx new settings

    new law parameters

    new retirements age

    new crpl which makes every family responsible or the whole family goes to prision or appropiate sentence,
    look we can do it with crowd sourcing, gainful employement for youngster @ 18 compulsory retirement @ 40 yrs with full salary as pension,

    look we can afford it, why delhi as capital, why not all cities as mini capitals of panchayats

    and last but not least why defense financing, when no countries or nations have attack minister and in the name of defence spending for destruction not creativity or innovation or research, who is the enemy, hunger, homes or humanity,

    sir

    Wakeup Indians or Inhumans Now 222222 W I N

    anytime every time connect to proceed

    Blessing

    prakash.painoli

  25. July Derek says:

    When after 60 years of Independence, 75% of our Population is so poor that they need free food grains to survive, we cannot even supply electricity to our major cities for 24 hours, our roads are so bad even 3rd world African countries have better roads. Villages are filled with poverty that villagers prefer to come to cities and beg and live in gutters.

    The brilliant “reforms” have only percolated to the highest 10%.

    Our elections are a Joke. Now a days, open bribes in hard-cash are paid to voters for voting. When crores of cash are spent by the elected representatives, their only aim is to recover their “investment” 100 times over.

    Inflation is killing the middle-class & poor. One of the main reasons of Inflation is the huge amount of black-money floating. Land and houses are out of the reach on most Indian because the huge amount collected in bribes is channeled into land and housing, fueling huge rises in prices.

    Corruption is the main reason for the downfall of India. Unless we try to eradicate corruption, we will eradicate Indian Democracy.

  26. Amit Madan says:

    There definitely are flaws in our democratic system, which allowed this monster called corruption to prosper. 90% of people who will read this blog understand the problem. We always needed a forum to discuss the solution and its there in the form of Annas IAC movement.
    Most important step to solve this problem is educate the people about choosing their representatives. I think IAC has this in its agenda. My personal belief is IAC also need to develop a system to produce good leaders also. IAC must form a political party, which itself has a strong democratic system to bring forward best people. This is the right time, because the level of awareness needed for the success of such a thing is there after Annas movement.
    Our country is full of trust worthy people, which has leadership qualities. They are not interested in coming up because of dirty politics around. Today, belief that ‘Change is Possible’ is higher then ever before. We should use this opportunity to convince such people and ask them to join hands and save this country. We can’t change the intention of people in our existing political class, but we need to replace the people itself.

    Jai Hind.

  27. Pankit Shah says:

    Hindus need to come forward to defeat Congress divide & rule policy.If hindus really want to save their religion for themselves & their children & coming generations,pls vote in all elections in huge numbers against the Dynasty rule congress party.I guarantee u,if total voting is around 70-75%,Congress is surely going to lose.Jai Hind

  28. balimeeda says:

    The basic problems in our system are the law dispensing system that police and the courts where there is no truth or justice done if it come at all it is too late and too little. Our system is not based on equality is like show me the man I will tell you the law. The rules and law are implied according to the status of a person.

    The second problem is the problem of God father system( my baap ) where the junior in bureaucracy goes all out to p[ease his boss like wise the public think the the politicians and the babus their God Fathers. They can not say a spade a spade.

    The third problem is the VIP ism which is the rout cause the person who is a VIP never obey any rule or law even he do not obey the traffic rules and go all out to flaunt them by seeing them all other also try to follow him and the mindset of the people is who flaunt the law or rule most is the biggest person in society so they do that become some big.

  29. Renjith says:

    Democracy is an idea which is good only on paper. In reality, it was never successful any where as it was meant to be. Democracy is for the people, by the people and absolute freedom to the people to decide and choose.. sounds good but failed bitterly. Judging by the nature of human beings, we don’t deserve absolute freedom on any aspects. What i understood about the democracy in India is ” It is like a boat rowed by 4 people in 4 directions “. Unless there is Unity and Nationalism, Democracy is meaningless.

  30. Ravinder Singh Shekhawat says:

    its high time for eminent personalities from various fields come forward and become a part of passive politics..

  31. Mohd. Shahnawab says:

    Today, Democracy’s 3Ps, from People has been transformed into Power and it has become for the Power, of the Power and by the Power. And the very reson for this are us, the People, who does not select (vote) right Candidates in elections and never ask the elected person why he only come to the plight of the poor in the timeof elections only, what purpose Animals statues will serve instead of schools and hospitals. Why? We have to change ourselves to change the system.

  32. Mohd. Shahnawab says:

    Today, Democracy’s 3Ps, from People has been transformed into Power and it has become for the Power, of the Power and by the Power. And the very reson for this are us, the People, who does not select (vote) right Candidates in elections and never ask the elected person why he only come to see the plight of the poor in the time of elections only, what purpose Animals statues will serve instead of schools and hospitals. Why?
    Solution:We have to change ourselves to change the system.
    Pls use this one.

  33. Vishwas says:

    Of course i am agree,because i was watching debate in Loksabha and rajyasabha, also our political leaders thinks people are dumb, but in upcoming election hey will get a surprise from public, i will never vote that political party which is against people expectation. A final thing that we have change our attitude and give vote to a proper person, that’s all

  34. Dhaval says:

    Shekharji we agree with your view.

  35. praveen pandey says:

    i like your film bandet queen.here is only two man rich and poor.but leader policy divide and rule.he say parliament suparmacy he vote 10 % to win election and 50 to rule india.@ravishndtv ek bar phr 1975 dohraye ge charan ji indra ke charan pujege jayege janta sarak se apne karandhro par ashu bahaye.janta phir sarak par ayegi.

  36. Rajesh says:

    Agree we the people, who choose our representative to take certain decision for us, are supreme. We need to take this debate little further, rather saying we have fault in our system we need to understand ours is one of the best constitution. What we need is basic behaviourial change, rather acting selfish we need to look beyond ourselves. This starts with the basic education we imparts in our childrens. We need to understand why we act in a certain way whether its corruption or anything else.

  37. Aditya Agnihotri says:

    The truth said so beautifully in this piece of write up!

    We need to vote out dynasty politics of India. India is not at all poor. The country is extremely rich with so many natural resources! India was rich since time immemorial, got looted by foreign invaders many times in past, now being looted by the party in power… Shame!

    We need to educate everyone we are in touch with everyday. One person a day each one of us on who to vote out this time!!! Jai Hind!!!

  38. RajuK says:

    In their comment, mindchirp mentions,
    Quote
    “There are a large no of people wanting to spend some time from their lives for betterment of polity. Key is how. If anyone is willing to do something, an hour everyday on that front, what exactly should he/she do?”
    Unquote

    There are many things one can do. Since, life is a journey, not a destination, try and make your life as truthful and corruption free as possible, on a daily basis.

    On a broader level, try to understand the Jan Lokpal Bill and explain what the Anna Hazare movement is trying to achieve. This could be your 1 hour a day Project. Explain the Jan Lokpal Bill on as many websites as you can. Thank God, there is no noticable internet censorship yet. Every politican will admit that the Jan Lokpal Bill is the best thing for their great and greater grandkids, but what can some of today’s politicians do with their existing deposits in Swiss banks? Give them a way out. Will they accept to close their swiss accounts if they can keep 50% of the money, and give 50% to taxes?

    The Jan Lokpal is a hindi term and most of the Indians on the internet speak English, and may not know what it means. Broadly speaking, it means Ombudsman. Research Ombudsman as appointed/elected in many countries. For starters, you can go to http://en.wikipedia.org/wiki/Ombudsman
    This could take many of your 1 hour/day sessions. The aforementioned site also refers to Anna’s movement. See which country has the best Ombudsman legislation, and which country has the best Ombudsman. Legislation itself is not sufficient, unless it is enforced and people have the will to follow it. But legislation is a necessary starting point.

    Incidentally, this post from Shekhar looks the the higher legislation of the Indian constitution and points out that it has “broadly” not been adhered to. See if you can “specifically” point out what is violating the Indian constitution.

    Shekar, referring to the title of this post, I ask, how will dissolving the parliament protect the constitution?

  39. shailesh n vyas says:

    To day is not a democracy but to say gamocacy (always play a game with people of idia) so dissolve this parlament and have a fresh election to elec responsible representative .And in this election minded and inteletual must take part .

  40. RajuK says:

    Here are some points for a debate on the “Jan Lokpal Bill” versus the “Lokpal Bill”.

    http://en.wikipedia.org/wiki/Jan_Lokpal_Bill

  41. RajuK says:

    Here are some points for a debate on the “Jan Lokpal Bill” versus the “Lokpal Bill”.

    http://en.wikipedia.org/wiki/Jan_Lokpal_Bill

  42. Adv Desi says:

    So what we are seeing is more then billion people go to work every day and few get profits out of it. Does that mean they deserve being treated the way they are from last 6+ decades….

    Couple of reasons for this behavior –
    1. “Chalta hai” attitude
    2.

  43. Ajay balhara says:

    Thanx for sharing the article sir. Yes i agree with your views on this sensitive subject. Sir the only way to bring about as change is to educate the voter who cast his vote even without knowing the credentials of candidates. And majority of our voters are those illetrate countrymen who’s voting power is manipulated by money or muscles. People even feel honoured by touching rahul gandhi’s hand. And that hypocrite goes in his A/C cars to understand the sufferings of aam and gareeb aadmi. Illetrate indian citizens are too innocent and ignorant. Thats why these politician fools them everytime. We need a set up for value creating education system. The basic human value is missing. Even educated people are only concerned abt their degrees. There is no value creation in our education system. Values of human responsibilities. Responsibility towards our country , towards our fellow human beings. And that all comes through value creation system. Not merely academic qualification. The very tennets of our constitution , equality , justice, freedom, liberty stemmed from core human values. The very fundamentals of human existence. Aam aadmi ko jaagruk karna padega.tab jaakar iss desh mein jaagruti aayegi. Anna ka movement chalte rehna chahiye , wahi uss sote hue hindustani ko jagaa sakta hai, jab jaagega hindustaani tab banega hindutaan

  44. Dr Manish says:

    PROBLEMS- 1. Poor- illiterate, don’t know the truths and their rights, can’t get beyond food and sickness. 2. Middle Class – worships money, love india but hate indians, too busy for their own good, selfish and less compassionate, can’t get out of the chaos. 3. Rich – Satisfied with the relatively better life, view poor and middle class as underdogs and don’t really want a change except fr a few, too many inhibitions. 4. Indian Scene – All blah blah no real solution seeker, Indescipline, too much Chaos, struggle, illiteracy, poverty, can’t come out of casteism and religion, hate, money can buy anything, only the cheat rich and doublespeak politicians getting thru ( minimal criteria). sonia gandhi’s hatred for indians whatever her reason.
    SOLUTION- Comitted Rich and educated can fund and prepare strategy, prepare a force mostly of under 30 and above 60 dedicated and comitted indians, unite all groups like anna, ramdeo etc as one, educate the villages and create oppertunity, spread awareness of how only voting the right candidate irrespective of cast, relegion, party and personal gain can make their lives much happier and easy.

  45. Kapil Joshi says:

    Maybe we need to go back and understand the vision of freedom, as it existed for our freedom fighters.I am not a very knowledgeable person but I do believe that India’s freedom struggle was different because it was not based on hatred but love for freedom,be it the supporters of violent or non-violent methods of struggle.

    Maybe it was because in Indian culture securing freedom for the soul was the ultimate aim of human birth.Also, from 1800 to 1900 India witnessed the birth and lives of many saints(there was a website mentioning the names of almost all the saints that existed during those hundred years,I saw that website a few years back,somehow cannot find it now).As India was fighting for freedom from foreign rule, there was a spiritual revolution also taking place simultaneously.Maybe we need to look into this aspect as well to understand the direction of our freedom struggle which probably got lost when India was freed from the foreign rule.

    The most endearing fact about Mahatma Gandhi for me is that he wanted Indian cottage industry to be at the forefront in attaining self-sufficiency,which never really happened.Maybe it would have saved us from the onslaught of ‘Hybrid seeds’..GMO…Swami Ramdev is doing an excellent job in spreading awareness about organic farming and bringing farmers together who practice organic farming.Sadly,in India today if you speak for an orange robe clad person,you are considered right wing or extremist!

    Also, I believe the society then was more individualistic than what it is now.People produced everything on their own.Every region had its own unique sense of dressing and food habits.However, today if you travel from Kashmir to Kanyakumari you will find youth wearing jeans and t-shirts.Nothing wrong with that but people,especially youth are forgetting, rather have forgotten Indian sense of dressing(which was more in harmony with the environment).Our regional dresses have been reduced to ‘ethnic wear’ on ‘special occasions’ We are becoming a uniform society not a united society.

    Again,I have no knowledge about Capitalism or any other -ism so to say but I believe capitalism is a killer of individuality, individual expression and intelligence as well.Not just in India but the world over people have been provided ‘unlimited choice’ in a limited space called malls.I fear the day when people will not have a choice but to go to a mall and purchase what is the ‘in thing’.Sadly I see it happening with me included in it.I do not want to be governed by financially rich giants,sadly it is happening.No FDI in agriculture please yet it already has started happening in farming through ‘seeds’.And I do not have a choice other than eating Hybrid produce.I rather think that it is a conspiracy of the government to introduce GMO food through the food security bill and it will garner votes on the pretext of feeding the hungry when it will be feeding us something unnatural.Well, we can say ‘NOTHING IS OUTSIDE NATURE’.Why do we not start eating poison then?

    We need to re-consider our goals as a country probably.Why do we want to be a super-power?Who has fed this goal into our minds?What did the existing super-powers ever do other than creating insecurity and starting a race for amassing weapons of mass destruction? Is the goal to be a super-power correct? Or the goal to be self-sufficient more appropriate?

    Democracy is like a paradox,power to the people and the individual but the individual has no power whatsoever.Maximum choice but the least amount of choice in the current scenario.

    Perfect in conception but exactly opposite in practice.That is the democracy that exists today.

    Agriculture was and is the backbone of this country.The concept of Democracy always existed in India in the form of Panchayats.Who has not read Panch Parmeshwar by Munshi Premchand ? The human trait and quality mentioned in the story is exactly what we have lost as individuals.What can be a better example of democracy….

  46. Pradeesh says:

    Shekarji, all,

    Thanks for this debate. Its good to see different viewpoints on the issue.

    I should say before hand that I am not an advocate for Transparency International, but found some of their concepts interesting for sharing it here.

    Transparency International says that corruption thrives where “temptation coexists with permissiveness”. Corruption can be “according to law” where the bribe receiver provides preferential treatment or it can be “against the rule” where the bribe receiver provides some service which is not allowed as per law. So, as per me, it means its like a market place where there are people who need service and there are service providers ready to do the service for a ‘fees’. It will be non common sense to wish that people will not trade in this ‘market place’. I guess, then what happens here is simple demand and supply theory.

    Perhaps that is the reason why Transparency International (TI) focuses on Transparency. Because this particular ‘market place’ is different from other common market places in that it can exist only in ‘secretive’ confines. Once the ‘market’ gets exposed, ‘trading’ cannot take place.

    TI defines Transparency as – Quote -“Transparency” can be defined as a principle that allows those affected by administrative decisions, business transactions or charitable work to know not only the basic facts and figures but also the mechanisms and processes. It is the duty of civil servants, managers and trustees to act visibly, predictably and understandably. -Unquote-

    They also have a source book on corruption at their website which I have not yet gone through. http://www.transparency.org/publications/sourcebook. Perhaps this is food for thought for this debate.

    One aspect which comes to my mind is that someone pays a bribe to minimise his/her personal cost. For example, paying a sum prevents unnecessary delays. A delay in fast paced life can be significantly costly. If people are ready to try to be on the right side of law and at the same time be ready to sacrifice a bit of their time, effort or money, then the extent of corruption at the lower levels can reduce (as there will not be bribe givers). At the same time, active participation in life around oneself, not being indifferent can be a starting point for checks and balances.

    Maybe we need to look at this microscopic ‘demand supply theory’ and transparency, to start with.

    Just a few thoughts from my side.

    Regards,

  47. drishsh says:

    45 Responses to “Must the Indian Parliament be dissolved to protect the Constitution?”( For ever? ).
    Hum to ye nahi samjh pa rahe hai ki angreji bolne wale hindi bhashi logo ki itni chinta kyon karte hain.
    Are bhai unhe apne par chor do. woh garibi main marna jante hain kyon ki unhe ishwar ne paida karne se pahle bata diya tha ki ye tumhara akhri janm hai or iske bad tum mukti pa jaoge par noto se bhari jeb aur vatanukulit kamro mai sono wale kewal un garibo ke liye angreji mein bol kar unhi garibo ki jeb ka paiso se apni jeb bjharkar aur khakar jite hai. Are Pahle SHRAVANKUMAR ban kar apne acharan ka udaharan do tab log apne ap samajh jayenge jaise ki SHRAVANKUMAR ne kiya.
    Hame to yeh samjh me ata hai ki agar main desh ka MUKHIA hota to tab tak na sota jabtak har bache ko doodh peene ko aur har bhooke ke khana na miljata par hamare desh me to hamare pradhan ko shayad pata nahin hai ki hamere desh me karodo doodh muhe bache bina doodh piye aur karodo log jo bher bakrion ki tarah gahs khakar nahi so sakte kyo ki GHAnSwoh nahi kha sakte par manushya ko khana doobhar hai kyon ki dhan to un logo ki jebo mein hai jo angreji bolte hai aur bhukhe pet garibo ko bina khana khaye samaj mein larne ki shiksha dete hai. Dhanya hai hamara desh jise main koyi nam na de sakunga aur bharat to kah nahi sakta kyoki kahne par atankwadi kahlaunga. Aur Raja bharat ne jis desh par proxi raj kiya ye un BHARAT ka bharat desh nahin hai.
    ADHURI IMARAT KO KABHI BULAND NAHI KAHTE ,
    JO BACHPAN BHUNK MO KHO CHUKA USE INSAN NAHIN KAHTE ,,
    JO ISHWAR APNE BHAKTO KI ICHCHAON KO PURA NA KAR SAKE ,
    USE KABHI BHI BHAGVAN NAHI KAHTE.

    Agar Insanon ki duniya basani hai to sache insan paida karne wali maon ko age ana parega jo SHRAVANKUMAR AISI aur RAM jaisi santanon ko janm de aur Rachaso ka nash kar ke ram raj layen.
    AGAR RAM RAJ LANA HAI TO PURANI SADI GALI FASAL KO JAD SE KATKAR PHIR SE NAYA BEEJ BONA HOGA TABHI RAM RAJ AYEGA.

  48. Kapil Joshi says:

    Sir,

    Maybe you already are aware of it…please check these links…….

    http://organicconsumers.org/monsanto/index.cfm

    http://www.gmwatch.org/

    http://www.ecoevaluator.com…..(Going organic can help feed millions of people since 75% of food in the world is produced not by industrial mega-farms but by 1.5 billion small farmers who utilize ecological food provision.)……
    ………sadly organic food today has become a very ‘high end’ product accessible only to the rich in India…what used to be home grown produce for most of the population in India….

    …..At Lucknow Mahotsav this year there were huge banners advertising American Corn (bhutta)…there were stalls promoting seeds from all corners of India..all were hybrid seeds…not one stall of natural seeds…foolish me did not click photographs of those stalls…and the biggest surprise I saw ….government promoting Emu farming…there were Emu birds at Lucknow Mahotsav !!!..

    ………reminds of a site related to vegetarianism…. http://www.jesusveg.com/christiantext.html (Ten years ago, China was a net grain exporter, and it seemed certain that it would continue to export grain. But instead, as a direct result of increasing consumption of animal products, primarily pigs, China is now one of the world’s top grain importers.)…………

    ….another link…http://www.greenillusions.org/….

    …sorry for digressing from the issue…and thank you once again for putting things in perspective….for I cannot think cohesively….

    Regards

  49. nimmu vasanth says:

    The plain and simple answer is ‘No. The Indian Parliment should not be dissolved’. The constitution was carefully framed by great thinkers and social luminaries of the then independent India. Now there is complexity of thinking process involved in any debate in the parliment. If we dissolve, we may have to struggle to bring back those highlighted words in the preamble of the constitution again. There will be toomuch debate. Who knows ? There will be somebody to tear the constitution papers to pieces emotionally. The best alternative is to keep working at it. I don’t think Anna’s movement is a failure. He should be credited for bringing to limelight the fight against corruption. We need to keep moving on to work harder and discover more meaningful words to rewrite the constitution. ……..Mrs. Nimmu Vasanth, Software Engineer, HR consultant and social activist.

  50. vidhyadhar kulkarni says:

    Interesting article. Since Shekhar is not a legal expert, there could be few missing or inaccurate points (like timing of amendments by adding/modifying some words). But that is alright, I thank and support him for writing on this critical subject. Thanks to TV media we were able to directly witness behaviour of our representatives-both ugly and good. Some will surely agree with criticism of MPs conduct by Team Anna, Om Puri & so on. We definitely need drastic changes in our constitution, political & governance system. Can you think of MPs like Lalu, Sharad yadav, Paswan, Mulayam, Mayawati or Karuna Nidhi & company capable of lifting up poor & downtrodden. At the same time, polished & educated ones in CPI, Congress & BJP have been equally ineffective in this area. We need to look at why politicians, govt servants & citizens indulge in corruption. Immediate Solutions that come to my mind are (1)First & foremost, we should look at whom we elect & how we elect. Electoral reforms needed to eliminate need for money power in elections, create politics as a decent career option (not a honourary social service) so that competition among candidates exists to provide good governance, create environment for higher participation by middle class (automate voting process). Revisit ‘One Man One Vote’ concept to ensure higher power vests with those competent to govern & think rationally. Our Rajya Sabha at Central level & Legislative councils at State level were perhaps meant to achieve this objective but have completely failed. Rajya sabha & State Councils should have ultimate policy making powers & consist of representatives directly elected by educated citizens say Graduate/degree holders. If some of you look at credentials (look at posters on Mumbai street poles) of candidates Municipal elections, you will see what pathetic level we have reached & you will loose faith in the governance system. We urgently need one more Seshan (former CEC) to reform the electoral system.
    2)Govt servants: Abolish IAS, IFS, IPS, IRS categories & replace these positions with professionals of respective field, Pay in cash all servants handsomely especially lower classes, take away all perks of seniors (Bunglow, car, servants), allow them to mix with common people (say make them travel in public transport). Mandatorily annually teach them virtues of honesty, integrity & self esteem & their importance in our constitution & society.
    3)Citizens: Revisit laws, rule & regulations to simply and make them citizen friendly. If a govt servant can ignore some rule/regulations by taking bribe, then those can be deleted from the Rule book itself.
    Conduct more & more awareness of civic sense & moral standards.
    At the end, I say India at this juncture needs a Chanakya & Chandragupta Maurya to liberate us from the cruel governance of King Dhanananda.

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