Friday, March 27, 2009

13. ENs we propose to improve Police

13.1 Summary

We at MRCM-Recall party propose following administrative changes in police. To bring these changes, we request citizens to force PM/CM to sign the second EN we have proposed, and then citizens should use the second EN to pass following ENs :

  1. Enact procedure by which we commons can replace District Police Chief
  2. Using wealth tax over land, double the number of policemen
  3. Increase salaries of policemen by 100%
  4. Jury System over Policemen : Empowering citizens to expel/fine a policeman.
  5. Computerization all crime records and all police stations
  6. Disclosure of Wealth of All Govt Employees and their close relatives
  7. National-ID system
13.2 Replacement of District Police Chief

The procedure I have suggested to replace District Education Officer uses open voting and so I don’t support that procedure for DPC (District Police Chief), who has several arrest powers. To replace District Police Chief, I suggest following procedure of co-election which is as follows

  1. The CM shall appoint District Police Chief for a term of 4 years as today
  2. Whenever there is an election in the district, be election of MP or MLA or Panchayat members or PM or CM or District Mayor, any person who has served as class-I officer in Govt (not PSUs) or served as a soldier in Military or any position in police above PSI for 5 years or any person who was selected in even once UPSC or State PSC written exam in past, wants to become District Police Chief, he can put himself as candidate for deposit same as MP
  3. If any candidate gets vote of over 50% of all voters, not just who voted, then that candidate shall become new District Police Chief till he is replaced in any co-election or 4 years, which ever earlier
  4. If within next 4 years, he does not get votes of 50% of citizens in any co-election, the CM may remove him.
  5. An appointed person shall be eligible to serve only in one district. But if elected, one person can become District Police Chief of up to 10 districts in a state and up to 50 districts in India.
  6. With approval of over 50% of all citizen-voters in the State, the CM can suspend the DPC for 4 years and appoint a person of his choice as DPC
  7. With approval of over 50% of all citizen-voters in India, the PM can suspend all the DPCs in a state for 4 years and appoint persons of his choice as DPCs in that state.
  8. The existing DPC need not contest. And those who support him are not bothered as replacement occurs only when majority of ALL (all, not just those who voted) votes in favor of a new person. The clauses (5) an (6) are similar to Art-356 of Constitution. They should be used if an when citizenry of a state starts killing and looting other citizens of India based on religion etc. (e.g. Jammu Kashmir)
3. Coroner’s Inquest (or Coroner’s Court or Coroner’s Jury)

Why is police of West much less corrupt and atrocious than that in India? Well, lets ask this question differently. Since when did corruption and atrocities in Western police start decreasing?

In around 800 AD, the citizens of UK were able to force King to conduct Inquest (i.e. Inquiry) every time a policemen was involved in death of a common or a major crime. In case of death, the Inquiry was compulsory and in case of other allegations, like beating or bribery, it was optional. The inquiry was conducted by King’s officer who almost always had nexuses, relation with local police chief and other policemen, and so inquiries used to be farce. The situation is similar to today. Almost always, when there is a death in police custody, an inquiry is conducted by Magistrate or higher raking authority such as District judge or sometimes commission of retired HCj. But the in-charge of these inquiries often have nexuses with IPS and so nothing serious happens. The inquest was called Coroner’s Inquest, the word Coroner meaning Crown i.e. the King.

The true activists of UK around 1000 AD realized that if the inquiry is headed by officer appointed by the King, such inquiry is nothing but farce. So the activists forced the King to make a change --- the inquiry was not headed by King’s officer any longer but by 6 to 12 citizens chosen at random from the district’s adult population. The Jurors would give one of the three verdicts on the accused policemen’s actions --- justifiable, excusable or criminal. If the Jurors vote his action as criminal, he is almost always expelled and subsequent trial decides prison sentence. The sentence is decided by a next formal Jury Trial. In the inquest, the Jurors are allowed to ask questions and any citizen is allowed to speak, even if he is not a direct witness. IOW, the Coroner’s Inquest by 1000 AD in UK was no longer an Inquiry by Crown, but it was Inquiry by the Citizens. This Citizen’s Inquiry was the turning point in behavior of policemen,

Now it was no longer possible for policemen to have nexuses with those in-charge of inquiry or their relatives, and these in-charge were 12 citizens chosen at random from a population of 1000s or lakhs. So policemen before committing any atrocity would think ten times and the citizens in-charge were not likely to show much mercy borne out of nexuses.

What do intellectuals of India say about this procedure of “Inquiry by Citizens”? Well, The intellectuals of India have openly refused to even inform their students about this procedure !! Lest they would demand for this procedure. The intellectuals oppose “Citizens’ Inquiry” as this would reduce elitemen’s hold over policemen, and so policemen would commit less atrocities on commons if and when elitemen need. So the intellectuals, who are all agents of elitemen, opposed this Citizens’ Inquiry procedure. After all, information about choices can create a demand for choices. And instead they have filled poison in the minds of students that Indian citizen is a crook, irrational, nutcase, foolish, casteist, communalist, uncivilized, cruel etc and so must not have any such powers. So even in case a student learns about this procedure, he will most likely reject it due the anti-citizen poison intellectuals have filled in their brains by the intellectuals.

Sadly, due to the intellectuals disinformation and brain-washing, the non-80G-activists did not demand any procedure like Citizens' Inquiry and so police atrocities are rock high in India. And corruption is proportional to atrocities i.e. more the demand for money, more the atrocities policemen commit, and the main reason they have to beat up people is to extort bribes. The West using Citizens' Inquiry procedure zeroed atrocities and so corruption also reduced.

For more on Cornoer's Jury System, please see http://www.britannica.com/eb/article-9026387/coroners-jury and see http://en.wikipedia.org/wiki/Coroner

We at MRCM demand and support a procedure similar to above, which we shall refer as “Jury Trial over Policemen”.

13.4 Description of Jury System over Policemen
  1. For each District, the District Police Chief will form a Grand Jury consisting of 25 citizen voters above 25 years. The members will be randomly chosen from voter list and will server for 2 weeks.
  2. If any citizen has complaint against a policeman, he can file the complaint before the Grand Jurors. The Grand Jurors may or may not call him for the explanation, The Grand Jurors may or may not the accused policeman for explanation.
  3. If over 13 Grand Jurors say that the policeman is prima facie guilty, then The District Collector will summon 15 citizens from District, who will hear both sides for at least 7 days
  4. After 7 days, if over 8 out of 15 citizens decide that the accused policeman should be expelled, the District Police Chief will give the case to Home Minister.
  5. The Home Minister will summon 15 citizens from state other than that district. If over 8 citizens agree that the accused policeman should be expelled, the Home Secretary will expel him. Otherwise, Home Minister will transfer him to a randomly chosen District of that state, other then the District he has served before.
13.5 Drafts of the other proposed ENs

The drafts will be put later on this website [TBD]


13.6 On Supreme Court’s recent order to improve Police Dept

The SCjs have categorically refused to let citizens decide the fate of District Police Chief and errant policemen. They have not supported procedures by which we commons can expel District Police Chief, nor have SCjs supported any procedure similar to Coroner’s Jury used by West. The SCjs want a police board consisting of intellectuals, retired judges, senior IPS officers etc. The common citizens are specifically excluded from the police board proposed by SCjs. In the Police Board proposed by SCjs, we commons have no procedure to expel/replace board members at all. So it is clear that these boar members will work like agents of elitemen and will beat us commons. Is that all what SCjs want? I see no point in asking such simple question.
Due to election, reservation and gradual increase in education, the number of OBC policemen and OBC MLAs/Ministers has been increasing. This increased the dominance of OBC elitemen. The only difference police board will make is that it would restore the dominance of upper caste elitemen. Other than that, the Police Board proposal makes no difference. The proposal of Police Board is far inferior than the two procedures we have proposed - replacement of District Chief and Citizens’ Inquiry.

13.7 Other party’s and intellectuals stand on improving Police
The leaders of other parties and all intellectuals are simply hostile to improve Police Dept. Every party’s leaders have refused to increase the number of policemen. They are openly hostile to procedure by which we commons can replace District Police Chief and insist that Police Chiefs must be imposed from top. They further insist on keep salaries of policemen low so they have to depend on bribery and thus they can be pressurized. The leaders of other parties have also refused to enact Jury System by which citizens can expel policemen. We request all citizens to ask their favorite party’s leaders on what they intend to do on issue of corruption in policemen and decide if they are worth voting for. And we also request activists to ask intellectuals on this issue, and decide if they are worth following.

12. ENs we propose to improve courts

Contents of this post

1. Why we need to fix the courts
2. Effects of such unjust verdicts in society
3. MRCM’s demands , promises to improve courts
4. Enabling Citizens to Replace Supreme Court Chief judge
5. Replacing other SCjs, HC-Cj, HCjs etc
6. Creating 100,000 more courts
7. Problems of integrity in lower , other courts
8. About Jury System
9. The Jury System and the information factor
10. Other Political parties, intellectuals on the Jury System
11. The Nanavati case
12. Drafts of Govt Ordinance to bring Jury System in Lower Courts in India
13. How can citizens bring Jury System in India?
14. Drafts of GOs to bring Jury System in High Courts and Supreme Court
15. Reducing nepotism in appointment of judges
16. Teaching Law to entire population and other changes
17. Other party’s and intellectuals stand on Improving Courts

12.1 Why we need to fix the courts
This is change is needed to restore the Indian Constitution, and the subversions that have occurred in past several years. When the citizens wrote the Constitution in 1951, it was clearly stated by the citizens to MPs, SCjs, IAS etc
  1. The country will be run as per the Constitution
  2. The country will be run as per the Constitution, as interpreted by the citizens of India
  3. The SCjs’ interpretation of Constitution will be above Ministers’ interpretation of the Constitution, but citizens’ interpretation of the Constitution will be final and supreme.
It was because of these decisions, the citizens kept the words Democracy, political justice and equality in the Preamble. And this was the reason why MPs , who were supposed to represent the citizens, were given powers to impeach the SCjs, so that if and when SCjs interpret the Constitution differently from the citizens, the MPs can impeach the SCjs. India’s Constitution borrows many ideas from US Constitution and US society. The citizens in 1950 when they wrote Constitution of India had taken the meaning of word Democracy that was prevailing in US. What was the meaning of word Democracy in US? To understand that, one should read the Constitutions of US states. eg Maryland Constitution clearly says that “Jurors (i.e. common citizens) shall interpret the laws as well as the facts”. The Constitution of 20 more US states speak the same. And so does US Supreme Court. IOW, the word Democracy clearly meant a regime where citizens make the laws and citizens interpret the laws as well as facts in a case.

The Constitution has now been torn apart in High Courts and Supreme Courts. I will quote following example : Link as on Apr-2-2008 is http://www.boloji.com/wfs2/wfs238.htm

Fun Place for Sex Crimes
The [Marty] couple had been arrested in December 2000 after they were caught red-handed while photographing minor girls picked up from the Gateway of India. The horror story of child sexual abuse by the Swiss couple was told in-camera to a sessions court in Mumbai. And in March 2003, Additional Sessions Judge Mridula Bhatkar convicted the couple. They were awarded a sentence of seven years rigorous imprisonment .... It was on their appeal against this conviction that the Mumbai High Court accepted their contention that if the matter was not expedited, the appeal would not be heard until after seven years, the term of their original sentence. The judge also directed them to pay an enhanced compensation of Rs 100,000 to each of the victims. The gravity of their offence did not figure anywhere in the judgment.
Their passports revealed that the couple had been visiting India every year since 1989. They operated in different countries and their laptop was stocked with photographs of children including those from Sri Lanka and the Philippines. Posing as a lonely, grandfatherly couple, they befriended street children and their parents, promising to give them a good time on the pretext of charity. Marty (who described himself as a general manager in a multinational pharmaceutical company) and his wife were well stocked with lubricants, condoms and penile sprays. Lily Marty, a trained nurse, would tend to the wounds the children suffered as a result of their abuse. ... But none of this, all recorded evidence, figured in the judgment of the Mumbai High Court. The SC Bench headed by Chief Justice V N Khare granted bail to the two in an order passed on April 5, 2004 ... .

After obtaining bail from CjI Khare, the two wealthy Swiss pedophiles escaped from India. Such bail orders lower the morale of policemen and lower courts. The acquittal order given by Mumbai High Court judge was against the Constitution. and the bail order given by Chief judge Khare to the two wealthy Swiss convicted pedophiles was also blatant violation of the Constitution.

11.2 Effects of such unjust verdicts in society

If we dont fix the courts, the injustice from rich on to the bottom 99% of the citizens will keep on increasing. The cohesiveness of society decreases as members of elite throw more and more atrocities on commons. And the decrease in cohesiveness of society decreases the strength of administration and military . When individuals get rampant injustice in courts, they see no point in defending the nation and the society. Unfair treatment in police, courts etc decreases the sense of nationalism day by day, and weakens the whole society, nation every organ of nation such as administration, police, military etc. How can citizens stops the unjust behavior of judges? How can we citizens stop subversion of Constitution in Supreme and High Courts? And how can citizens improve speed and fairness of courts?

11.3 MRCM’s demands , promises to improve courts

We demand and promise to bring following changes using 2nd MRCM-Recall Executive Notification, as tool and by obtaining YESes of citizens on the ENs needed to bring the following changes :
  1. Enabling citizens to replace the Supreme Court Chief judge
  2. Enabling citizens to replace the four senior Supreme Court judges
  3. Enabling citizens to replace the High Court Chief judge
  4. Enabling citizens to replace the four senior High Court judges
  5. Enabling citizens to replace the Lower Court Chief judge
  6. Enabling citizens to replace the four senior most Lower Court judges
  7. Recruitment of all junior Lower Court judges by written exams only (no interviews)
  8. Recruitment of all junior High Court judges by written exams only (no interviews)
  9. Recruitment of all junior Supreme Court judges by seniority only (no interviews)
  10. Jury System in Lower Courts to decide punishments
  11. Jury System in High Courts for appeals
  12. Jury System to Supreme Courts for appeals
  13. Enacting National ID system (to improve records in courts)
  14. Enact a wealth tax of 0.5% of market value of non-agricultural land above 100 sq meters per person, and use that fund on Police, Courts only.
  15. Create 100,000 more Lower Courts
  16. Jury System to expel/fine a state govt employee.
  17. Jury System to expel/fine a central govt employee.
  18. Enabling citizens to replace Chief National Prosecutors
  19. Enabling citizens to replace four senior most National Prosecutors
  20. Enabling citizens to replace Chief State Prosecutor
  21. Enabling citizens to replace four senior most State Prosecutors
  22. Enabling citizens to replace Chief District Prosecutor
  23. Enabling citizens to replace four senior most District Prosecutors
  24. Recruitment of junior District prosecutors by written exams only (no interviews)
  25. Recruitment of junior State prosecutors by written exams only (no interviews)
  26. Recruitment of National prosecutors by seniority only (no interviews)
  27. Teaching Law from class-VI
  28. Teaching law to all adults for free
  29. Wealth disclosure of all Govt Employees and their close relatives, their trusts , companies
  30. Disclosure of residency and citizen status of all Govt Employees and their close relatives
  31. All courts records, as far as possible, will be placed on internet
  32. The parties will be informed about their case status by emails, SMS in all languages, along with usual postal mails and notices.
  33. Every time there is a trial, 20 citizens chosen at random will be required to attend the trial (to increase awareness about courts in citizenry)

IOW, we have proposed about 30-35 changes in administration to fix our courts, and attain the goal of “rule of law and Constitution, as interpreted by the Citizens”.


11.4 EN to enable Citizens to replace Supreme Court Chief judge

We have described this before in the chapter "Fifth MRCM-Recall demand"

11.5 Replacing other SCjs, HC-Cj, HCjs etc

The above is a Govt Ordinance that would enable citizens to replace SC-Cj. We at MRCM Party have proposed, demanded and promised 5 more Govt Ordinances that would

1. Enable citizens to replace any of the 4 senior most Supreme Court judges
2. Enable citizens to replace High Court Chief judge
3. Enable citizens to replace any of the 4 senior most High Court judges
4. Enable citizens to replace Lower Court Chief judge
5. Enable citizens to replace any of the 4 senior most Lower Court judges

The drafts are given later in this blog

11.6 Creating 100,000 more courts

We at MRCM demands , promises to create “wealth tax for courts” of about 0.2% of market value of land on those who have residential and commercial land exceeding 75 sqm per person. In addition, money supply was increased in year the time Jun-2007 to Jun-2008 by about Rs 700,000 crores which was 22% of M3 in Jun-2007. We promise , demand to decrease this annual raise to Rs 400,000 crores (10% of what is now). And newly create money will be used solely for Military, Police and Courts. Using this “wealth tax for courts” and reduced increase in M3, the Govt shall be able to create 100,000 more courts within 1 year. Using 100,000 new courts and GOs that change in civil , criminal laws, it would become possible to resolve the existing 3 crores cases within next 3 to 4 years fairly.

11.7 Problems of integrity in lower , other courts

The increase in number of courts will increase the speed, but we need structural changes in courts to address the following issues
  1. Growing nepotism in judges --- lawyers and aasils who are relatives are winning cases after cases
  2. Growing judge-lawyer nexuses
  3. Growing judge-criminal nexuses
  4. Growing corruption in judges
  5. Growing nepotism in appointments of judges
12.8 About Jury System

We propose The Jury System as solution to first four of the five evils mentioned above (and recruitment by written exams to solve the fifth one). Sadly, most voters and even educated people know nothing about very concept of Jury System. That’s because intellectuals of India are so hostile to Jury System that they never ever informed students or population in general about this Jury System. So even though this manifesto is about changes we promise and not explanations, we have decided to allocate pages to explain Jury System to the readers.
What is judge system and Jury System?

Consider India. We have 110 cr citizens. We are bound to have at least 20 lakhs to 50 lakhs disputes a year. If these disputes are not resolved by the citizens in short time, the individuals will resolve to private violence thereby causing a chaos. Such chaos could wreck the nation. So for stability, it becomes necessary for the citizenry to give judgments on these disputes, and use force to enforce that judgment. It is not possible for every citizen to personally take interest in each of the these lakhs of disputes. A citizen can at best take interest in 2-5 disputes a year. Therefore, the citizenry has not much option, but to appoint some individuals, for each dispute and take their decision has almost final in most cases, and scrutinize (via appeal) them in some cases. So one of the procedure that a nation has to execute, implicitly or explicitly, is to choose individuals to give judgment on a particular dispute. There are two broad systems depending on how individuals are chosen
  1. The Jury System : Given any dispute, 10, 12 or 15 citizens are chosen at random from the voter list of all adult citizens in that district, state or nation and these citizens, called as Jurors, hear the arguments, examine the evidences, and give a verdict, eg in India before 1956, many cases were resolved by 12 citizens chosen at random
  2. the judge system : the Govt appoints some 200-2000 individuals per crore of population in nation as judges, who will have term for 20-35 years. And these fixed small number of appointed individuals will resolve the disputes. eg in India, cases are resolved by about 13000 judges and some 5000 tribunals.
  3. Other systems use both, randomly selected citizens as well as appointed individuals, are basically simple combinations of Jury System and judge system.
There are many other factors, like size of Jury, qualifications, screening rules etc which make one Jury System differ from another. But fundamental difference between Jury System and judge system is :

judge system
Jury System
Small number of Individuals, say 20,000 to 100,000 individuals in India would decide all the cases 20 - 25 lakhs cases a year in India In the Jury System, EACH case goes to 12-15 different Jurors, randomly chosen from the district, state or nation. The 20-25 lakh cases will be resolved by 3 cr citizens.
Many cases go same individuals. One judge in his career will hear some 500 to 200,000 cases and give some 5000 to 50,000 verdicts
The Jurors change with every case. A citizen cannot become Juror against for at least 5 years.
If a District gets 5000 cases a year, and say 25000 cases in 5 years, in the judge system they will be resolved by some 25-50 judges
In Jury System, they will be resolved by 300,000 to 400,000 different citizens.

On the surface, this issue may look unimportant --- what difference does it make whether cases are decided by randomly chosen citizens or a fixed judges? But this trivial looking difference plays a huge role in the strengthening or weakening the nation.

How nepotism or cross-nepotism become rampant in judge system
To end nepotism, in judge system, a judge’s relative is banned from practicing in the judge’s courts. Now the intellectuals insist that we must accept that this ban end nepotism in courts. Well, this does not make any difference at all. In most court complexes, two or more judges will form a cartel. judge-A will give favorable treatment to relative lawyers of judge-B and judge-B will give favorable treatment to the relative lawyers of judge-A. This is what we call as cross-nepotism . Till date, every intellectual we met is hostile to even discuss the problem, of cross nepotism in courts. And till, Jury System is the only known solution to this problem of cross-nepotism in courts. The cross nepotism has become so intense that criminals and industrialist just retain a few relative lawyers and get all favorable judgments and commons simply get crushed in the courts. Cross nepotism is important reason why Acts like SEZs did not get canceled in High and Supreme Courts.

Even if culture is nepotic, nepotism and cross-nepotism is structurally impossible in Jury System. It is similar to recruitment by written exams, where nepotism cant make any difference. In Jury System, 12 Jurors are chosen from population of 5 lakhs to 100 crores. Since these Jurors have only one case, the case is over 5 to 15 days in 99% cases. So first, it is highly unlikely that a lawyer would exist in world who would have be a relative of these 12 Jurors or even 6 of them or even two of the Jurors. And finding him within 15 days make it further difficult. India sees some 35,00,000 cases a year spread over about 700 district i.e. about 5000 cases a district a year. If these 5000 cases are resolved by 5000 batches of 12 Jurors each, then less than 10 batches will have a two Jurors with common relative lawyers. Further, in Jury System, a lawyer would face prison sentence if he appears before a Jury where in he has a close relative. So nepotism is physically impossible in Jury System. Now can cross-nepotism work in Jury System?

So only way cross-nepotism will work is when 12 Jurors of Jury-A and 12 different Jurors of Jury-B form nexuses. Jury-A would favor lawyer with relatives in Jury-B and Jury-B will favor lawyer who has relative in Jury-A. Finding such pair of lawyers, pair of Juries and managing deal within 5 to 15 days is a mathematical impossibility. IOW, while the judge system reeks with nepotism and cross-nepotism, the Jury System is immune to nepotism and cross-nepotism.

How career crime increases in judge system due to cross-nepotism
Consider a specific kind of crime --- street criminals (commonly called as Bhaai or Daadaa) or any career criminals who collect protection money from small shop-keepers etc every month, openly and fearlessly. There are places in US/Europe with high crimes, but nowhere can one see criminals openly extorting money from shop-keepers. One of the factor why career crime is rampant in India, and less seen in West is the that India uses judge system, while the West uses Jury System. The judge system makes India's courts very nexused, while the Jury System has drastically reduced the nexusproneness in Western courts.
Lets see how Jury System reduces the nexusproneness in Western Courts. Consider a mid-level career criminal with a gang of 50-100 criminals. He may be operating in some 5-10 areas. Now to sustain their operations, he and his gang members would need to pay monthly bribes to many MLAs, MPs, police officers, other officers, government lawyers, judges etc and would also need money to hire lawyers, mercenaries etc on time to time basis. All this, means a monthly FIXED COST of lakhs of rupees. Now such career criminal CAN NOT always find 5-10 victims that would cover all the costs and give profits every month. So almost always, a gang of career criminals has to victimize 100s of victims a month. In short, a career criminal and his gang-member has to commit 100s of crime a month. Out of so many crimes, some 20-30 of victims would end up filing complain in the courts. This would generate some 300-400 court cases per year.

Now this is where judge system and Jury System would create difference in combating career crimes.

Career criminal in judge system
Career criminal in Jury System
In the judge system, say 1000 cases that get filed in 4-5 years against that ganglord. All will go to just 5-10 judges.
In the Jury System, EACH case goes to 12-15 DIFFERENT Jurors, randomly chosen from the district, state or nation so these 1000 cases will go to 12000 to 15000 district, state or nation
So in order to delay the case to frustrate the witnesses or get outright acquittals, the gang leader has to cultivate nexuses with ONLY 5-10 judges.
Long delay in Jury Trials are rare as each Jury is given ONLY one case, hearings are from 11am to 4pm on one and only one case, and mostly next date is next day. And the ganglord will have to make nexuses with 12000 Jurors
If the ganglord manages to cultivate nexuses with 5-10 judges, and he can manage an acquittal/delay in 99% cases.
So to get acquittals in 1000 cases in 5 years, the gang leader will need to cultivate nexuses with 12000 Jurors.



judge-lawyer nexus in judge system
That was about judge-criminal nexus. The courts in India are sprawling with judge-lawyer nexuses. The nexus between judges and relative lawyers is now a law than exception. But even apart from that, the judges have nexuses with many non-relative lawyers as well. How does judge-lawyer nexus come into existence? No one in Western courts has even seen Juror-lawyer nexus. The reasons are structural and not cultural.


judge-lawyer nexus No Jury-lawyer nexus
Say 5 senior lawyers have 20 junior lawyers working for them. Say they are together taking say 1000 cases a 4 year period year in a district
Ditto
Most of these cases would to some 20 judges posted in that district.
The cases will go to 12,000 Jurors in a year.
One judge would get many cases from them
No Juror would get repeated
Within 3-6 months these 5 lawyers can cultivate nexuses with these 10-20 judges
There is no time to cultivate nexuses with even 2% of them.

When a lawyer makes a nexus with a judge during the trial of a case, that nexus with that judge will be CERTAINLY useful to that lawyer in ALL his cases which will come up before that judge. Even if a lawyer manages to form nexuses with say 7-8 out of 12 Jurors during the trial of a case, those nexus with those Jurors will be of NO USE at all in ALL other case of that lawyer, as Jurors change with each and every trial.

How corruption reduces in Jury System
Much of the corruption in judge system is via organized criminals or large corporate who have 100s of cases in a state. These cases go to some 100-300 judges in lower courts. So these criminals and corporates hire some 15-50 lawyers who are close relatives of these judges or are otherwise close to these judges. Now in Jury System, these 100s of cases will go to 10000s of Jurors. eg if there are say 100 cases against a ganglord and his members or there 100 cases against a company in a state, these cases will go 12000 Jurors. A nation wide corporate would be having 1000 cases a year against it all over India and would end up confronting 12,000 Jurors a year all over India No ganglord or company owner is capable of bribing so many citizens. So they give up. Further, in judge system, a judge has to keep a commitment after taking bribe or else he wont get repeat business. In the Jury System, the Jurors change with every case and a Juror cannot come back in Jury for next several years. So the bribe-giver has no assurance that Juror will keep the commitment, and very often, due to hatred against criminals, Jurors will still punish a person even if he has taken a bribe. After taking bribe, he has nothing to lose.

How corruption in police , administration reduces in Jury System
Most policemen , officers come into contact with judges due to years of services. Almost every policemen, officer knows which relative lawyer to contact if there is a case against him in a particular judge’s court. And they have years of relation and nexuses. The relative lawyers trade favors for the favors they would get from policemen, judges. And so policemen, officers get away in the cases against them easily. However, in Jury System. they confront Jurors who are angry against corrupt policemen, officers. And they have no nexus with 1000s of Jurors. So chances that a corrupt policemen, officer gets punished are far higher in Jury System. This is why Jury System reduces corruption in other depts such as police, revenue, education, health etc.

Global overview of Jury System
There are about 17 countries which use Jury System – Canada, US, UK, France, Denmark, Norway, Sweden, Finland, Germany, Spain, Portugal, Italy, Hong Kong, Australia and New Zealand. Two countries are added in this list --- some 25% of Russia’s Districts now uses Jury System and Japan will start Jury System from 2009. And some 90 countries use judge system. Each and every country which uses judge system have corrupt courts, corrupt police and corrupt polity ( 4 exceptions are Singapore, South Korea, Taiwan, Israel, where corruption is much higher than the 15 countries which have Jury System). Russia and Japan too had to move to Jury System due to problem of corruption and nepotism in courts. And so did South Korea in Apr-2008. IOW, if there is anything that shows 100% correlation, it is that Jury System always reduces corruption and judge system always increases corruption and nepotism.

Historical overview of Jury System
Rome had elected Magistrates and used Jury System for high crimes, which created a far less nepotic and less corrupt regime than neighbors. This is why Rome became much stronger than the rest. Rome collapsed and main reason was that a large chunk of population (slaves) did not have right to vote. After that, in every regime, the punishment was given by King or Lords appointed by the King. In 1200 AD, Britain was the FIRST nation which reversed this --- and declared in Magna Carta that the King’s agents shall only make allegation and citizens (Jurors) would decide the guilt and punishment. This was a historical change , a change that diametrically changes relation between rulers and subjects. The ruler was no longer in charge of deciding imprisonment or even fines. It was after this Jury System, the craftsmen and traders could protect themselves from the arbitrary rule of Lords and progress started. It was only this reason, why craftsmen became prosperous in Britain and some of them later became industrialists. The industrial revolution in Britain was only because of this Jury System – the Jurors protected the craftsmen, traders and industrialists from the arbitrary fines of Lords and the Kings and enabled these craftsmen to become wealthy. The so called Renaissance had no role to play. If Renaissance was responsible for the progress UK made, well, why didn’t Italy made such progress, where Renaissance came first? The intellectuals have deliberately suppressed the role of Jury System in explaining why Europe overtook rest of the world as they do not want students to know about Jury System, lest they would demand for it.

Summary
In short, the Jury System solves each of the following 4 problems that existing India court system suffers
  1. Fully solves nepotism problem
  2. Fully solves judge-lawyer nexus problem
  3. Fully solves judge-criminal nexus problem
  4. Drastically reduces corruption problem

[A reader more interested in the 5000 year old Jury vs judge debate should click here : http://www.rahulmehta.com/why_jury.htm

12.9 Jury System and the information factor

One objection often cited by anti-Jury pro-judge individuals is that Jurors have less information about the law. This objection is partly incorrect --- both jurors and judges have same information about basic concepts of justice, fairness, right/wrong etc. The one and only difference is that judges have more information about section numbers and exact length of punishment. eg both judges and Jurors know that violence is crime, a murder done with monetary motive is more heinous than spontaneous violence borne out rage and anger. But Jurors may not be aware of specific details like such act fall in section 302 such and such act carries maximum punishment of say 5 years or 7 years or 6 months and so forth. Such specific details are easy to grasp and apply.
The pro-judge anti-Jury people do not mention the other point --- i.e. judges progressively get more and more nexused, and also take bribes via relative lawyers.

12.10 Other Political parties, intellectuals on the Jury System

We want all citizens of India to note that all existing parties’ MPs and all intellectuals of India have opposed Jury System, and insist that only judges will give judgment thereby ensuring that nepotism in courts will continue. We want all citizens and non-80G-activists of India to note that we are the ONLY party interested in curbing the nepotism in judges. Other party’s leaders dont even bothers to mention this problem of nepotism in courts in their manifesto.
It is not difficult to see why party leaders and intellectuals support judge system and oppose Jury System. Many intellectuals’ relatives are judges and so these intellectuals support judge system. That apart, corrupt elitemen want centralized judge system and do not want a decentralized Jury System. Currently India has 13000 judges and they resolve about 13,00,000 cases a year. Now say an elitemen is operating in a District or State. Say he has 20 cases against him a year or 600 cases in a period of 30 years. That law-breaking elitemen now needs to manage only 10-20 judges to deal with this 600 cases. If the Jury System comes, he will have to manage 7200 Jurors which is almost impossible task. IOW, the law-breaking elitemen’s life will become far more cumbersome in Jury System. The intellectuals are agents of these elitemen, and so support judge system and oppose Jury System.

12.11 The Nanavati case

The British realized long back that their own Collectors and judges were corrupt to core, and population would get crushed to the point of rebellion if their powers are not curbed. Which is why, in 1870s, British enacted Jury System in India. But in 1956, Jawaharlal Nehru and the then Supreme Court judges abolished the Jury System by citing Nanavati case as reason. This was utter nonsense.

Nanavati had killed a person named Ahuja. The Jurors had accepted that as a fact. Nanavati was a Navy officers and citizens have tremendous respect for military officers. The respect doubles when they see that a young man from wealthy family leaves posh comfortable life and accepts hard life of Military. To that, Ahuja was proven adulterer, and back then when paternity tests did not exist, adultery was considered as heinous as murder. The Jurors were in dilemma – if the convict Nanavati, the judge would hang him (which is exactly what happened in second trial). If the Jurors had power to decide the punishment, the Jurors would have surely issued some punishment like a few years of imprisonment. But Jurors had only one power --- to call him guilty which may mean his death or call him innocent. The crime of Nanavati was not motivated for economic gains, nor Nanavati was a career criminal, and surely did not deserve death for his crime out of anger. So Jurors took right decision in saving his life, and took wrong decision of “zero punishment” because they did not have powers to imprison him for a few years. Which is why in the system I have proposed, the Jurors decide punishment so that Jury is not forced by their inner conscious to give “not guilty” verdict when person is guilty not guilty enough for highest punishment that the judge might throw. So Nanavati case shows that Jurors took a very reasonable decision, and what was needed was to increase the powers of Jurors and let them decide punishments instead of judges. Despite this, Nehru (due to his feudalistic mindset) and judges canceled Jury System in India without any debate by citing one “Nanavati Trial” as reason.

12.12 Drafts of Executive Notifications to bring Jury System in Lower Courts in India

The citizens would need to get the following Govt Ordinance signed by PM. The Citizens should first force PM to sign the ENs (and Govt Ordinances) described in 2nd MRCM-Recall demand and then use that EN to issue the following Ordinance.

#

Procedure for
Procedure / instruction
.
.
Section-1 : Appointment and replacement of Jury Administrator
1
CM
Within 2 days after passing this law, the CMs shall appoint one Registrar for entire State and one JA (Jury Administrator) per District.
2
Talati, Talati’s clerk
A citizen residing in a District can present his ID and specify the serial numbers of (at most 5) candidates he Approves for the position of Jury Administrator in his District. The clerk will enter the requests in the systems and give the receipt to the citizen. The citizen to change his choices any day. The clerk shall charge a fee of Rs 3/-
3
CM
If any candidate is approved by highest number of citizen-voters and over 50% of ALL citizen-voters, the CM will appoint him as new JA for that District within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval count is 2% more than existing JA, the CM will appoint him as new JA within 2 days.
4
CM
With approval of over 51% of ALL citizen voters in that State, the CM can cancel clause-2 and clause-3 and appoint his own JA for 5 years.
5
PM
With approval of over 51% of ALL citizen voters in India, the PM can cancel cluase-2, clause-3 and above clause-4 for entire state or some of the districts and appoint JA for 5 years.
.
.
Section-2 : Formation of Grand Jury
6
JA
Using the voter list, the JA will, in a public meeting, randomly select 40 citizens from the voter-list of District, State or Nation as the Grand Jurors, from which he can exclude any 10 after interview so that finally there are 30 Grand Jurors. If the Jurors is appointed by CM or PM under clause-4 or clause-5 he may select up to 60 citizens and exclude 30.

7
JA
In the first set of Grand Jurors, JA will retire the first 10 Grand Jurors every 10 days and select 10 more using random selection from voter list of District or State or Nation.

8
JA

The JA cannot use any electronic device to select a number randomly. He will use the procedure detailed by CM. If CM has not specified the procedure, he will select as follow. Suppose JA has to choose a number between 1 and a four digit number - ABCD. Then JA will have 4 rounds of dice-throw for each digit. In a round if the digit he needs to select is between 0-5, then he will use only 1 dice and if the digit he needs to select is between 0-9, he will use 2 dices. The number selected will be 1 less than the number which comes in case of single-dice throw and 2 less in case of double-dice throw. If the throw of the dices exceeds the highest digit he needs, he will throw the dices again.. Example - Suppose JA needs to select a page in a book, which has 3693 pages. Then JA will execute 4 rounds. In the 1st round he will use 1 dice as he needs to select a number between 0-3. If the dice shows 5 or 6, he will throw the dice again. If the dice show 3, the number selected is 3-1=2, and JA will proceed to second round. In the second round, he needs to select a number between 0-6. So he will throw two dices. If the sum exceeds 8, he will throw the dices again. If the sum is suppose 6, the second digit selected is 6 - 2 = 4. Like that, suppose the dices in 4 rounds show 3, 5, 10 and 2. Then JA will select digits as (3-1), (5 -2), (10-2), (2-1) i.e. page number 2381. The JA should use different citizens to throw dices. Suppose the voter-list has B books, the largest book has P pages and all pages have N entries. Then using above method or method described by CM, JA will select 3 random numbers between 1-B, 1-P and 1-N. Now suppose selected book has less than that many pages or the selected page has fewer entries. Then he will again select a numbers between 1-B, 1-P and 1-N.
9
JA
The Grand Jurors will meet on every Saturday and Sunday. They may meet on more days if over 15 Grand Jurors approve. The number must be "over 15", even when less than 30 Grand Jurors are present. The meetings, if happen, must start at 11am and last till at least 5pm. The Grand Juror will get Rs. 200 per day he attends. The maximum payment a Grand Juror can get for his 1 month term will be Rs 2000. The JA will issue the checks 2 months after a Grand Juror completes the term. If the Grand Juror is out of district, he shall get Rs 400 per day of stay and if he is out state, he shall get Rs 800 per day of stay. In addition, they will get Rs 5 per kilometer of the distance between their home and court. The CM , PM may change the compensation as per inflation. All rupee amounts written in this clause and this law use WPI given by RBI in Jan-2008 and JA can change the amounts every six months using latest WPI.
10
JA
If a Grand Juror is absent on a meeting, he will not get Rs 100 for that day and may loose up to thrice his amount to be paid. The individuals who are Grand Jurors 30 days later will decide the fine.
11
JA
JA will start the meting at 11am. The JA arrive in the room before 10.30am. If a Grand Juror fails to arrive before 10:30am, JA will not allow him to attend the meeting and mark him absent.


Section 3 : Charging a citizen
13
JA
If any person, be a private person or District Prosecutor, has complaint against any other person, he can write to all or some Grand Jurors. The complainer must specify the remedy he wishes. The remedy can be obtaining possession of a property obtaining monetary compensation from the accused imprisoning the accused for certain number of years/months.
14

JA
If over 15 Grand Jurors, in a meeting, issue an invitation, the citizen may appear. The Grand Jurors may or may not invite the accused and complainer.
15
JA
If over 15 Grand Jurors declare that there is some merit in the complaint, the JA will call a Jury consisting of 12 citizens from the district to examine the complaint. The JA will select more than 12 citizens randomly, and send them summons to them, and of those who arrive, the JA will select 12 at random.
16
JA
JA will ask the Chief District Judge to appoint one or more Judges to preside over the case. If the property in dispute is worth above Rs 25 lakhs or compensation claim is above Rs 100,000 and/or the maximum prison sentence is above 12 months, the JA will request Chief Judge to appoint 3 judges or else he will request Chief Judge to appoint 3 Judges for the case. The Chief Judge's decision on appointing number of Judges in the case will be final.


Section-4 : Conducting a trial
17
Presiding Judge
The trial will go from 11am to 4pm. The trial will start only after all 12 Jurors and the complainer have arrived. If any party has not arrived, the parties who have arrived must wait till 4pm and then only they can go home.
18
Presiding Judge
The Judge will allow the complainer to speak for 1 hour, during which no can interrupt. Then Judge will allow the employee to speak for 1 hour during which no one can interrupt. Like this, the Judge will alternate case. The case will go on like this on every day.
19
Presiding Judge
The case will go for at least 2 days. On the 3rd or later, if over 7 Jurors declare that they have heard enough, the case will go on for 1 more day. If on the next day, over 7 out of 12 Jurors declare that they would like to hear more arguments, the case will go on till over 7 say that case should end.
20
Presiding Judge
On the last day, after both parties have presented the case for 1 hour each, the Jurors will deliberate for at least 2 hours. If after 2 hours, over 7 Jurors say that they need no more deliberation, the Judge will ask each to declare his verdict.
21
Grand Jurors
In case a Juror or a party does not show up or shows up late, the Grand Jurors after 3 months will decide the fine, which can be up to Rs 5000 or 5% of his wealth, whichever is higher.
22
Presiding Judge
In case of fine, each Juror will state the fine he thinks is appropriate, and MUST be less than the legal limit. If it is higher than legal limit, the Judge shall take it as legal limit. The Judge will arrange the fine amounts stated in increasing order, and take the 3rd highest fine, i.e. fine that is approved by over 8 out of 12 Jurors, as the fine collectively imposed by the Jury.
22
Presiding Judge
In case of prison sentence, the Judge will arrange the sentence lengths cited by Jurors which must be below the maximum sentence as stated in the Law accused is charged with breaking, in increasing order. And the Judge will take the 3rd highest sentence i.e. prison sentence approved by over 8 out 12 Jurors, as the prison sentence collectively decided by the Jury.
.
.

Section-5 : The judgment, execution and appeal
23
District Police Chief
The District Police Chief or policemen designated by him will execute the fine and/or imprisonments as given by the Judge and approved by the Jurors.
24
District Police Chief
If 4 or more Jurors do NOT ask for any confiscation or fine or prison sentence, the Judge will declare the accused as innocent and the District Police Chief will take no action against him.
25
Accused, Complainer
Either party will have 30 days to appeal against the verdict in the State's High Court or the Supreme Court of India.


Section-6 : Protection of Fundamental Rights of the Citizens
26
All Govt Employees
No Govt employee will impose any fine or prison sentence without consent of over 8 out of 12 Jurors of the Lower Courts, unless approved by the Jurors of High Courts or the Jurors or Supreme Court. No Govt employee will imprison any citizen for more than 24 hours without approval of over 15 out 30 District or State Grand Jurors.
27

To everyone
The Jurors will decide the facts as well as intension, and shall also interpret the laws as well the Constitution


12.13 How can citizens bring Jury System in India?

We at MRCM Party request citizens to take following steps
  1. Force existing PM to sign the first two ENs we MRCM party have demanded
  2. Using the second EN, request citizens to enact 4th EN which enables citizens to replace PM
  3. Using the 2nd EN, citizens should enact fifth EN to create procedure to replace SC-CI
  4. Using the 2nd EN , citizens should enact ENs needed to bring Jury System in India
12.14 Drafts of GOs to bring Jury System in High Courts and Supreme Court

The drafts of these Govt Ordinances are at http://www.rahulmehta.com/improve_courts.htm

12.15 Reducing nepotism in appointment of judges

We at MRCM Party demand and promise that all the judges in District and High Courts should be recruited by written exams only and no interviews would be taken. The interview is the classical technique through which judges have ensured that their relatives, close friends and close friends’ relative get selected. In Supreme Courts, the judges should be recruited strictly via seniority and there should be no interviews. If a wrong person becomes judge, the citizens will/may expel him , but the judges should have no control over who shall become the judge.
In addition, the replacement procedures our MRCM Party proposes are immune to nepotism. No one can be relative of lakhs of citizens who were going to give Approvals.

12.16 Teaching Law to entire population and other changes

We at MRCM party promise , demand to teach law to all students in class-VI onwards or earlier if the parents approve. In addition, all adults will be taught law via evening classes, Doordarshan, All India Radio and other means. Universal weapon education and universal law education are two of our demands, promises.
The drafts of the Govt Ordinances to implement Law Education System and other changes are on our website http://www.rahulmehta.com/improve_courts.htm


12.17 Other party’s and intellectuals stand on Improving Courts

The leaders of other parties and all intellectuals are simply hostile to improve courts. Every party’s leaders have refused to increase the number of courts. They are openly hostile to Jury System and insist that judgments must be given by judges only as we commons are morons. They also oppose enacting procedures by which we commons can replace judges. Almost all party’s leaders have refused to even discuss the issue of nepotism, corruption in courts, forget solving it. We request all citizens to ask their favorite party’s leaders on this issue of fewer courts, nepotism in judges, corruption in judges and are worth voting for. And we request activists to ask intellectuals on this issue, and decide if they are worth following.

11. Executive Notifications we propose to reduce poverty

.

11. 1 Why we must reduce poverty?


Many people in topmost 5 crores of India insists that even if bottom 60 crores go hungry and die, they must not be given any mineral royalties and land rent from GoI plots at all. And they further insist that activists who might be pro-poor should be manipulated using concepts like communism, secularism, Hinduvaad, pro-reservation, anti-reservation etc so that focus from mineral royalties and land rent can be removed. They also dont hesitate in using violence to suppress to subdue those who might force elitemen to pay the rents of the Govt lands they are using.

I request the non-80G-activists to realize the damage poverty causes. The poverty is driving many poor Hindus towards missionaries whose agenda is to re-enslave India. How much ever we blame missionaries, it is pointless to blame them, if we support the upper class Indians and insist that poors must NOT get any royalties of minerals and land rent. Given such elitemen, if I were a poor Hindu, I would have become Christian myself for whatever few goods missionaries are offering.

If poverty does not decrease, a big part of Indian population will never become market for consumer goods, and so industries in India will never increase. This will retard technology growth and this will also retard the weapon manufacturing and weaken Military. If the country is poor, then large chunk of population cannot become citizens capable to defend the nation from invading Armies.

Only the individuals in the top 1 crore of India have money and information to mobilize a movement to get Executive Notifications needed to reduce poverty passed. Of these some 99% are selfish and try every move to divert the selfless 1% to follow alternate agenda and not take the issue of land rent and mineral royalties, lest they would lose. But if mine royalties and land rent dont reach the poor, the poor will remain poor for decades to come, and nation will once again become slave of the foreigners.


11.2 Agrarian Justice – An Essay by Thomas Paine

[“Agrarian Justice” was an essay written by Thomas Paine in 1790s. The essay has played an important role in framing US activists’ views on economic polices and played dominant role in framing Inheritance Tax laws in US during 1930s. The essay as reader will immediately see, does against the interest of elitemen and so Indian intellectuals have erased this essay from syllabus despite its importance. I am putting this essay verbatim for readers – Rahul Mehta]

Agrarian Justice : Part - I
(by Thomas Paine, 1810 AD)


To preserve the benefits of what is called civilized life, and to remedy at the same time the evil which it has produced, ought to considered as one of the first objects of reformed legislation.

Whether that state that is proudly, perhaps erroneously, called civilization, has most promoted or most injured the general happiness of man is a question that may be strongly contested. On one side, the spectator is dazzled by splendid appearances; on the other, he is shocked by extremes of wretchedness; both of which it has erected. The most affluent and the most miserable of the human race are to be found in the countries that are called civilized.

To understand what the state of society ought to be, it is necessary to have some idea of the natural and primitive state of man; such as it is at this day among the Indians of North America. There is not, in that state, any of those spectacles of human misery which poverty and want present to our eyes in all the towns and streets in Europe.

Poverty, therefore, is a thing created by that which is called civilized life. It exists not in the natural state. On the other hand, the natural state is without those advantages which flow from agriculture, arts, science and manufactures.

The life of an Indian is a continual holiday, compared with the poor of Europe; and, on the other hand it appears to be abject when compared to the rich. Civilization, therefore, or that which is so-called, has operated two ways: to make one part of society more affluent, and the other more wretched, than would have been the lot of either in a natural state.

It is always possible to go from the natural to the civilized state, but it is never possible to go from the civilized to the natural state. The reason is that man in a natural state, subsisting by hunting, requires ten times the quantity of land to range over to procure himself sustenance, than would support him in a civilized state, where the earth is cultivated.

When, therefore, a country becomes populous by the additional aids of cultivation, art and science, there is a necessity of preserving things in that state; because without it there cannot be sustenance for more, perhaps, than a tenth part of its inhabitants. The thing, therefore, now to be done is to remedy the evils and preserve the benefits that have arisen to society by passing from the natural to that which is called the civilized state.

In taking the matter upon this ground, the first principle of civilization ought to have been, and ought still to be, that the condition of every person born into the world, after a state of civilization commences, ought not to be worse than if he had been born before that period.

But the fact is that the condition of millions, in every country in Europe, is far worse than if they had been born before civilization begin, had been born among the Indians of North America at the present. I will show how this fact has happened.

It is a position not to be controverter that the earth, in its natural, cultivated state was, and ever would have continued to be, the COMMOM PROPERTY of the human race. In that state every man would have been born to property. He would have been a joint life proprietor with rest in the property of the soil, and in all its natural productions, vegetable and animal.

But the earth in its natural state, as before said, is capable of supporting but a small number of inhabitants compared with what it is capable of doing in a cultivated state. And as it is impossible to separate the improvement made by cultivation from the earth itself, upon which that improvement is made, the idea of landed property arose from that parable connection; but it is nevertheless true, that it is the value of the improvement, only, and not the earth itself, that is individual property.

Every proprietor, therefore, of cultivated lands, owes to the community a ground-rent (for I know of no better term to express the idea) for the land which he holds; and it is from this ground-rent that the fund proposed in this plan is to issue.

It is deducible, as well from the nature of the thing as from all the stories transmitted to us, that the idea of landed property commenced with cultivation, and that there was no such thing, as landed property before that time. It could not exist in the first state of man, that of hunters. It did not exist in the second state, that of shepherds: neither Abraham, Isaac, Jacob, nor Job, so far as the history of the Bible may credited in probable things, were owners of land.

Their property consisted, as is always enumerated in flocks and herds, they traveled with them from place to place. The frequent contentions at that time about the use of a well in the dry country of Arabia, where those people lived, also show that there was no landed property. It was not admitted that land could be claimed as property. There could be no such thing as landed property originally. Man did not make the earth, and, though he had a natural right to occupy it, he had no right to locate as his property in perpetuity any part of it; neither did the Creator of the earth open a land-office, from whence the first title-deeds should issue. Whence then, arose the idea of landed property? I answer as before, that when cultivation began the idea of landed property began with it, from the impossibility of separating the improvement made by cultivation from the earth itself, upon which that improvement was made.

The value of the improvement so far exceeded the value of the natural earth, at that time, as to absorb it; till, in the end, the common right of all became confounded into the cultivated right of the individual. But there are, nevertheless, distinct species of rights, and will continue to be, so long as the earth endures. It is only by tracing things to their origin that we can gain rightful ideas of them, and it is by gaining such ideas that we, discover the boundary that divides right from wrong, and teaches every man to know his own. I have entitled this tract "Agrarian Justice" to distinguish it from "Agrarian Law."

Nothing could be more unjust than agrarian law in a country improved by cultivation; for though every man, as an inhabitant of the earth, is a joint proprietor of it in its natural state, it does not follow that he is a joint proprietor of cultivated earth. The additional value made by cultivation, after the system was admitted, became the property of those who did it, or who inherited it from them, or who purchased it. It had originally no owner. While, therefore, I advocate the right, and interest myself in the hard case of all those who have been thrown out of their natural inheritance by the introduction of the system of landed property, I equally defend the right of the possessor to the part which is his.

Cultivation is at least one of the greatest natural improvements ever made by human invention. It has given to created earth a tenfold value. But the landed monopoly that began with it has produced the greatest evil. It has dispossessed more than half the inhabitants of every nation of their natural inheritance, without providing for them, as ought to have been done, an indemnification for that loss, and has thereby created a species of poverty and wretchedness that did not exist before.

In advocating the case of the persons thus dispossessed, it is a right, and not a charity, that I am pleading for. But it is that kind of right which, being neglected at first, could not be brought forward afterwards till heaven had opened the way by a revolution in the system of government. Let us then do honor to revolutions by justice, and give currency to their principles by blessings.

Having thus in a few words, opened the merits of the case, I shall now proceed to the plan I have to propose, which is,
  1. To create a national fund, out of which there shall be paid to every person, when arrived at the age of twenty-one years, the sum of fifteen pounds sterling, as a compensation in part, for the loss of his or her natural inheritance, by the introduction of the system of landed property.
  2. And also, the sum of ten pounds per annum, during life, to every person now living, of the age of fifty years, and to all others as they shall arrive at that age.

Agrarian Justice - Part - II (by Thomas Paine, 1810 AD)

MEANS BY WHICH THE FUND IS TO BE CREATED

I have already established the principle, namely, that the earth, in its natural uncultivated state was, and ever would have continued to be, the common property of the human race; that in that state, every person would have been born to property; and that the system of landed property, by its inseparable connection with cultivation, and with what is called civilized life, has absorbed the property of all those whom it dispossessed, without providing, as ought to have been done, an indemnification for that loss .

The fault, however, is not in the present possessors. No complaint is tended, or ought to be alleged against them, unless they adopt the crime by opposing justice. The fault is in the system, and it has stolen perceptibly upon the world, aided afterwards by the agrarian law of the sword. But the fault can be made to reform itself by successive generations; and without diminishing or deranging the property of any of present possessors, the operation of the fund can yet commence, and in full activity, the first year of its establishment, or soon after, as I shall show.

It is proposed that the payments, as already stated, be made to every person, rich or poor. It is best to make it so, to prevent invidious distinctions. It is also right it should be so, because it is in lieu of the natural inheritance, which, as a right, belongs to every man, over and above property he may have created, or inherited from those who did. Such persons as do not choose to receive it can throw it into the common fund.

Taking it then for granted that no person ought to be in a worse condition when born under what is called a state of civilization, than he would have been had he been born in a state of nature, and that civilization ought to have made, and ought still to make, provision for that purpose, it can only be done by subtracting from property a portion equal in value to the natural inheritance it has absorbed.

Various methods [of taxing the property] may be proposed for this purpose, but that which appears to be the best (not only because it will operate without deranging any present possessors, or without interfering with the collection of taxes or emprunts necessary for the purposes of government and the Revolution, but because it will be the least troublesome and the most effectual, and also because the subtraction will be made at a time that best admits it) is at the moment that property is passing by the death of one person to the possession of another. In this case, the bequeathed gives nothing: the receiver pays nothing. The only matter to him is that the monopoly of natural inheritance, to which there never was a right, begins to cease in his person. A generous man would not wish it to continue, and a just man will rejoice to see it abolished.

My state of health prevents my making sufficient inquiries with respect to the doctrine of probabilities, whereon to found calculations with such degrees of certainty as they are capable of. What, therefore, I offer on this head is more the result of observation and reflection than of received information; but I believe it will be found to agree sufficiently with fact. In the first place, taking twenty-one years as the epoch of maturity, all the property of a nation, real and personal, is always in the possession of persons above that age. It is then necessary to know, as a datum of calculation, the average of years which persons above that age will live. I take this average to be about thirty years, for though many persons will live forty, fifty, or sixty years, after the age of twenty-one years, others will die much sooner, and some in every year of that time.

Taking, then, thirty years as the average of time, it will give, without any material variation one way or other, the average of time in which the whole property or capital of a nation, or a sum equal thereto, will have passed through one entire revolution in descent, that is, will have gone by deaths to new possessors; for though, in many instances, some parts of this capital will remain forty, fifty, or sixty years in the possession of one person, other parts will have revolved two or three times before those thirty years expire, which will bring it to that average; for were one-half the capital of a nation to revolve twice in thirty years, it would produce the same fund as if the whole revolved once.

Taking, then, thirty years as the average of time in which the whole capital of a nation, or a -sum equal thereto, will revolve once, the thirtieth part thereof will be the sum that will revolve every year, that is, will go by deaths to new possessors; and this last sum being thus known, and the ratio per cent to be subtracted from It determined, it will give the annual amount or income of the proposed fund, to be applied as already mentioned.

In looking over the discourse of the English Minister, Pitt, in his opening of what is called in England the budget (the scheme of finance for the year 1796), I find an estimate of the national capital of that unity. As this estimate of a national capital is prepared ready to my hand, I take it as a datum to act upon. When a calculation is made upon the known capital of any nation, combined with its population, it will serve as a scale for any other nation, in proportion as its capital and population be more or less.

I am the more disposed to take this estimate of Mr. Pitt, for the purpose of showing to that minister, upon his own calculation, how much better money may be employed than in wasting it, as he has done, on the wild project of setting up Bourbon kings. What, in the name of heaven, re Bourbon kings to the people of England? It is better that the people have bread.

Mr. Pitt states the national capital of England, real and personal, to one thousand three hundred millions sterling, which is about one-fourth part of the national capital of France, including Belgia. The event of the last harvest in each country proves that the soil of France more productive than that of England, and that it can better support twenty-four or twenty-five millions of inhabitants than that of England n seven or seven and a half millions.

The thirtieth part of this capital of £ 1,300,000,000 is £ 43,333,333 which the part that will revolve every year by deaths in that country to new possessors; and the sum that will annually revolve in France in the proportion of four to one, will be about one hundred and seventy-three millions sterling. From this sum of £ 43,333,333 annually revolving, is be subtracted the value of the natural inheritance absorbed in it, which, perhaps, in fair justice, cannot be taken at less, and ought not be taken for more, than a tenth part.

It will always happen that of the property thus revolving by deaths every year a part will descend in a direct line to sons and daughters, and other part collaterally, and the proportion will be found to be about three to one; that is, about thirty millions of the above sum will descend to direct heirs, and the remaining sum of £ 413,333,333 to more distant relations, and in part to strangers.

Considering, then, that man is always related to society, that relationship will become comparatively greater in proportion as the next of kin is more distant; it is therefore consistent with civilization to say that where there are no direct heirs society shall be heir to a part over and above the tenth part due to society.

If this additional part be from five to ten or twelve per cent, in proportion as the next of kin be nearer or more remote, so as to average with the escheats that may fall, which ought always to go to society and not to the government (an addition of ten per cent more), the produce from the annual sum of £ 43,333,333 will be:

From £ 30,000,000 at ten per cent = £ 3,000,000
From £ 13,333,333 at ten per cent with
the addition of ten per cent more £ 43,333,333 = £ 2,666,666
---------------
£ 5,666,666

Having thus arrived at the annual amount of the proposed fund, I come, in the next place, to speak of the population proportioned to this fund and to compare it with the uses to which the fund is to be applied. The population (I mean that of England) does not exceed seven millions and a half, and the number of persons above the age of fifty will in that case be about four hundred thousand. There would not, however, be more than that number that would accept the proposed ten pounds sterling per annum, though they would be entitled to it. I have no idea it would be accepted by many persons who had a yearly income of two or three hundred pounds sterling. But as we often see instances of rich people falling into sudden poverty, even at the age of sixty, they would always have the right of drawing all the arrears clue to them. Four millions, therefore, of the above annual sum of £ 5,666,666 will be required for four hundred thousand aged persons, at ten pounds sterling each.

I come now to speak of the persons annually arriving at twenty-one years of age. If all the persons who died were above the age of twenty-one years, the number of persons annually arriving at that age must be equal to the annual number of deaths, to keep the population stationary. But the greater part die under the age of twenty-one, and therefore the number of persons annually arriving at twenty-one will be less than half the number of deaths.

The whole number of deaths upon a population of seven millions and an half will be about 220,000 annually. The number arriving at twenty-one years of age will be about 100,000. The whole number of these will not receive the proposed fifteen pounds, for the reasons already mentioned, though, as in the former case, they would be entitled to it. Admitting then that a tenth part declined receiving it, the amount would stand thus:

Fund annually £5,666,666
To 400,000 aged persons at £10 each £4,000,000
To 90,000 persons of 21 yrs.,£15 each £1,350,000
£5,350,000
------------------
Remains £ 316,666

There are, in every country, a number of blind and lame persons totally incapable of earning a livelihood. But as it will always happen that the greater number of blind persons will be among those who are above the age of fifty years, they will be provided for in that class. The remaining sum of £ 316,666 will provide for the lame and blind under that age, at the same rate of £ 10 annually for each person.

Having now gone through all the necessary calculations, and stated the particulars of the plan, I shall conclude with some observations. It is not charity but a right, not bounty but justice, that I am pleading for. The present state of civilization is as odious as it is unjust. It is absolutely the opposite of what it should be, and it is necessary that a revolution should be made in it. The contrast of affluence and wretchedness continually meeting and offending the eye, is like dead and living bodies chained together. Though I care as little about riches as any man, I am a friend to riches because they are capable of good.

I care not how affluent some may be, provided that none be miserable in consequence of it. But it is impossible to enjoy affluence with the felicity it is capable of being enjoyed, while so much misery is mingled in the scene. The sight of the misery, and the unpleasant sensations it suggests, which, though they may be suffocated cannot be extinguished, are a greater drawback upon the felicity of affluence than the proposed ten per cent upon property is worth. He that would not give the one to get rid of the other has no charity, even for himself.

There are, in every country, some magnificent charities established by individuals. It is, however, but little that any individual can do, when the whole extent of the misery to be relieved is considered. He may satisfy his conscience, but not his heart. He may give all that he has, and that all will relieve but little. It is only by organizing civilization upon such principles as to act like a system of pulleys, that the whole weight of misery can be removed.

The plan here proposed will reach the whole. It will immediately relieve and take out of view three classes of wretchedness-the blind, the lame, and the aged poor; and it will furnish the rising generation with means to prevent their becoming poor; and it will do this without deranging or interfering with any national measures.

To show that this will be the case, it is sufficient to observe that the operation and effect of the plan will, in all cases, be the same as if every individual were voluntarily to make his will and dispose of his property in the manner here proposed.

But it is justice, and not charity, that is the principle of the plan. In all great cases it is necessary to have a principle more universally active than charity; and, with respect to justice, it ought not to be left to the choice of detached individuals whether they will do justice or not. Considering, then, the plan on the ground of justice, it ought to be the act of the whole growing spontaneously out of the principles of the revolution, and the reputation of it ought to be national and not individual.

A plan upon this principle would benefit the revolution by the energy that springs from the consciousness of justice. It would multiply also the national resources; for property, like vegetation, increases by offsets. When a young couple begin the world, the difference is exceedingly great whether they begin with nothing or with fifteen pounds apiece. With this aid they could buy a cow, and implements to cultivate a few acres of land; and instead of becoming burdens upon society, which is always the case where children are produced faster than they can be fed, would be put in the way of becoming useful and profitable citizens. The national domains also would sell the better if pecuniary aids were provided to cultivate them in small lots.

It is the practice of what has unjustly obtained the name of civilization (and the practice merits not to be called either charity or policy) to make some provision for persons becoming poor and wretched only at the time they become so. Would it not, even as a matter of economy, be far better to adopt means to prevent their becoming poor? This can best be done by making every person when arrived at the age of twenty-one years an inheritor of something to begin with.

The rugged face of society, checkered with the extremes of affluence and want, proves that some extraordinary violence has been committed upon it, and calls on justice for redress. The great mass of the poor in countries are become an hereditary race, and it is next to impossible them to get out of that state of themselves. It ought also to be observed that this mass increases in all countries that are called civilized. re persons fall annually into it than get out of it.

Though in a plan of which justice and humanity are the foundation principles, interest ought not to be admitted into the calculation, yet it is always of advantage to the establishment of any plan to show that it beneficial as a matter of interest. The success of any proposed plan submitted to public consideration must finally depend on the numbers interested in supporting it, united with the justice of its principles.

The plan here proposed will benefit all, without injuring any. It will consolidate the interest of the republic with that of the individual. To the numerous class dispossessed of their natural inheritance by the system of landed property it will be an act of national justice. To persons dying possessed of moderate fortunes it will operate as a tontine to their children, more beneficial than the sum of money paid into the fund: and it will give to the accumulation of riches a degree of security that none of old governments of Europe, now tottering on their foundations, can give.

I do not suppose that more than one family in ten, in any of the countries of Europe, has, when the head of the family dies, a clear property of five hundred pounds sterling. To all such the plan is advantageous. That property would pay fifty pounds into the fund, and if there were only two children under age they would receive fifteen pounds each (thirty pounds), on coming of age, and be entitled to ten pounds a year after fifty.

It is from the overgrown acquisition of property that the fund will support itself; and I know that the possessors of such property in England, though they would eventually be benefited by the protection of nine-tenths of it, will exclaim against the plan. But without entering any inquiry how they came by that property, let them recollect that they have been the advocates of this war, and that Mr. Pitt has already laid on more new taxes to be raised annually upon the people of England, and that for supporting the despotism of Austria and the Bourbons against the liberties of France, than would pay annually all the sums proposed in this plan.

I have made the calculations stated in this plan, upon what is called personal, as well as upon landed property. The reason for making it upon land is already explained; and the reason for taking personal property into the calculation is equally well founded though on a different principle. Land, as before said, is the free gift of the Creator in common to the human race. Personal property is the effect of society; and it is as impossible for an individual to acquire personal property without the aid of society, as it is for him to make land originally.

Separate an individual from society, and give him an island or a continent to possess, and he cannot acquire personal property. He cannot be rich. So inseparably are the means connected with the end, in all cases, that where the former do not exist the latter cannot be obtained. All accumulation, therefore, of personal property, beyond what a man's own hands produce, is derived to him by living in society; and he owes on every principle of justice, of gratitude, and of civilization, a part of that accumulation back again to society from whence the whole came.

This is putting the matter on a general principle, and perhaps it is best to do so; for if we examine the case minutely it will be found that the accumulation of personal property is, in many instances, the effect of paying too little for the labor that produced it; the consequence of which is that the working hand perishes in old age, and the employer abounds in affluence.

It is, perhaps, impossible to proportion exactly the price of labor to the profits it produces; and it will also be said, as an apology for the injustice, that were a workman to receive an increase of wages daily he would not save it against old age, nor be much better for it in the interim. Make, then, society the treasurer to guard it for him in a common fund; for it is no reason that, because he might not make a good use of it for himself, another should take it.

The state of civilization that has prevailed throughout Europe, is as unjust in its principle, as it is horrid in its effects; and it is the consciousness of this, and the apprehension that such a state cannot continue when once investigation begins in any country, that makes the possessors of property dread every idea of a revolution. It is the hazard and not the principle of revolutions that retards their progress. This being the case, it is necessary as well for the protection of property as for the sake of justice and humanity, to form a system that, while it preserves one part of society from wretchedness, shall secure the other from depreciation.

The superstitious awe, the enslaving reverence, that formerly Surrounded affluence, is passing away in all countries, and leaving the possessor of property to the convulsion of accidents. When wealth and splendor, instead of fascinating the multitude, excite emotions of disgust; n, instead of drawing forth admiration, it is beheld as an insult on wretchedness; when the ostentatious appearance it makes serves call the right of it in question, the case of property becomes critical, and it is only in a system of justice that the possessor can contemplate security.

To remove the danger, it is necessary to remove the antipathies, and this can only be done by making property productive of a national bless, extending to every individual. When the riches of one man above other shall increase the national fund in the same proportion; when it shall be seen that the prosperity of that fund depends on the prosperity of individuals; when the more riches a man acquires, the better it shall for the general mass; it is then that antipathies will cease, and property be placed on the permanent basis of national interest and protection.

I have no property in France to become subject to the plan I prose. What I have, which is not much, is in the United States of America. But I will pay one hundred pounds sterling toward this fund in France, the instant it shall be established; and I will pay the same sum England, whenever a similar establishment shall take place in that country.

A revolution in the state of civilization is the necessary companion of revolutions in the system of government. If a revolution in any country be from bad to good, or from good to bad, the state of what is called civilization in that country, must be made conformable thereto, to giveth at revolution effect. Despotic government supports itself by abject civilization, in which debasement of the human mind, and wretchedness in the mass of the people, are the chief criterions. Such governments consider man merely as an animal; that the exercise of intellectual faculty is not his privilege; that he has nothing to do with the laws but to obey them; and they politically depend more upon breaking the spirit of the people by poverty, than they fear enraging it by desperation.

It is a revolution in the state of civilization that will give perfection to Revolution of France. Already the conviction that government by representation is the true system of government is spreading itself fast in the world. The reasonableness of it can be seen by all. The justness of it makes itself felt even by its opposers. But when a system of civilization, (growing out of that system of government) shall be so organized that not a man or woman born in the Republic but shall inherit some means of beginning the world, and see before them the certainty of escaping the miseries that under other governments accompany old age, the Revolution of France will have an advocate and an ally in the heart of all nations.

An army of principles will penetrate where an army of soldiers cannot; it will succeed where diplomatic management would fall: it is neither the Rhine, the Channel, nor the ocean that can arrest its progress: it will march on the horizon of the world, and it will conquer.

Agrarian Justice : Part - III

MEANS FOR CARRYING THE PROPOSED PLAN INTO EXECUTION, AND TO RENDER IT AT THE SAME TIME CONDUCIVE TO THE PUBLIC INTEREST

1. Each canton shall elect in its primary assemblies, three persons, as commissioners for that canton, who shall take cognizance, and keep a register of all matters happening in that canton, conformable to the charter that shall be established by law for carrying this plan into execution.

2. The law shall fix the manner in which the property of deceased persons shall be ascertained.

3. When the amount of the property of any deceased persons shall be ascertained, the principal heir to that property, or the eldest of the co-heirs, if of lawful age, or if under age, the person authorized by the ill of the deceased to represent him or them, shall give bond to the commissioners of the canton to pay the said tenth part thereof in four equal quarterly payments, within the space of one year or sooner, at the choice of the payers. One-half of the whole property shall remain as a security until the bond be paid off.

4. The bond shall be registered in the office of the commissioners of the canton, and the original bonds shall be deposited in the national bank at Paris. The bank shall publish every quarter of a year the amount of the bonds in its possession, and also the bonds that shall have been paid off, or what parts thereof, since the last quarterly publication. The national bank shall issue bank notes upon the security of the bonds in its possession. The notes so issued, shall be applied to pay the pensions of aged persons, and the compensations to persons arriving at twenty-one years of age. It is both reasonable and generous to suppose, that persons not under immediate necessity, will suspend their right of drawing on the fund, until it acquire, as it will do, a greater degree of ability. In this case, it is proposed, that an honorary register be kept, in each canton, of the names of the persons thus suspending that right, at least during the present war.

5. As the inheritors of property must always take up their bonds in four quarterly payments, or sooner if they choose, there will always be numeraire arriving at the bank after the expiration of the first quarter, to exchange for the bank notes that shall be brought in.

6. The bank notes being thus put in circulation, upon the best of all possible security, that of actual property, to more than four times the a mount of the bonds upon which the notes are issued, and with numeraire continually arriving at the bank to exchange or pay them off whenever they shall be presented for that purpose, they will acquire a permanent value in all parts of the Republic. They can therefore be received in payment of taxes, or emprunts equal to numeraire, because the Government can always receive numeraire for them at the bank.

7. It will be necessary that the payments of the ten per cent be made in numeraire for the first year from the establishment of the plan. But after the expiration of the first year, the inheritors of property may pay ten per cent either in bank notes issued upon the fund, or in numeraire. If the payments be in numeraire, it will lie as a deposit at the bank, be exchanged for a quantity of notes equal to that amount; and if in notes issued upon the fund, it will cause a demand upon the fund equal thereto; and thus the operation of the plan will create means to carry itself into execution.

By - Thomas Paine


----------end of the Thomas Paine's Essay-------------

11.3 Selected Quotes from Agrarian Justice – Essay by Thomas Paine

... To create a national fund, out of which there shall be paid to every person, when arrived at the age of twenty-one years, the sum of fifteen pounds sterling, as a compensation in part, for the loss of his or her natural inheritance, by the introduction of the system of landed property. ... And also, the sum of ten pounds per annum, during life, to every person now living, of the age of fifty years, and to all others as they shall arrive at that age. ... Various methods [of taxing the property] may be proposed for this purpose, but that which appears to be the best ... is at the moment that property is passing by the death of one person to the possession of another. .... When the amount of the property of any deceased persons shall be ascertained, the principal heir to that property, .., shall give bond to the commissioners of the canton to pay the said tenth part .. within the space of one year or sooner, at the choice of the payers.

There are two kinds of property. Firstly, natural property, or that which comes to us from the Creator of the universe--such as the earth, air, water. Secondly, artificial or acquired property - the invention of men. ... Equality of natural property is the subject of this little essay. Every individual in the world is born therein with legitimate claims on a certain kind of property, or its equivalent.

Man did not make the earth, and, though he had a natural right to occupy it, he had no right to locate as his property in perpetuity any part of it; neither did the Creator of the earth open a land-office, from whence the first title-deeds should issue. Whence then, arose the idea of landed property? I answer as before, that when cultivation began the idea of landed property began with it, from the impossibility of separating the improvement made by cultivation from the earth itself, upon which that improvement was made.


11.4 Equal Allowance Systems

We have formed the MRCM-Recall Party on the following dogma – every citizen of India has equal rights over every natural resource in India, and has zero rights over the labor of others, and only the labor has right over the output of his labor. And the labor includes – intellectual labor, skill, income from his assets such factory, equipment etc capital and effects of stochastic processes summarized as luck.

We fully support privatization of factories and intellectuals properties -- we are only against privatization of mineral mines. And we support wealth and inheritance tax to support the Military, police and courts - we do NOT support taxation to reduce inequality.

This is restatement of Atharvaved shloka “Aham Rashtrim Vasuman Sangami” i.e. “I the Nation, own the natural resources”. And it is also re-statement of following quote of Thomas Paine – “There are two kinds of property. Firstly, natural property, or that which comes to us from the Creator of the universe--such as the earth, air, water. Secondly, artificial or acquired property - the invention of men. ... Equality of natural property is the subject of this little essay. Every individual in the world is born therein with legitimate claims on a certain kind of property, or its equivalent.” While Thomas Paine talks about whole Earth, I will confine to India.
Most intellectuals also say the same. Then what is difference between MRCM Party and intellectuals is that intellectuals insist that citizens MUST not get any direct cash from natural resources while we insist on direct cash payments and not schemes such as education, health etc.
So while I believe stubbornly over maximal “administratively” possible equality on natural resources, I equally stubbornly believe in maximal “administratively” possible in-equality on ownership of the output of labor. The idea is in direct conflicts against Marxism, which insists that “all means of production should be Govt owned”. If the “means of production” is mineral mine, the ownership as per my dogma should be private, but for equipment which are man-made, the ownership should be 100% or as high as possible, private. Of course, the owner has to pay taxes to sustain the Military and Police to keep the thieves away, but rest all belongs to him.

How can citizens of India get equal or near equal cash from the natural resources? We have proposed administrative procedures called as Equal Allowance System which enable this. This chapter described these Equal Allowance Systems. I will briefly describe procedures associated with each of the following EASs
  • EAS over residential, commercial land under Govt
  • EAS over agricultural land under Govt
  • EAS over underground water
  • EAS over waters of ponds, dams and rivers
  • EAS over bandwidth
  • EAS over crude oil, natural gas etc
  • EAS over hydro-electricity
  • EAS over mines of coal , iron ore, aluminum ore, copper ore
  • EAS over clay and stones (such as marble, granite etc)
  • EAS over Pollutants
  • EAS over Forest Woods
  • EAS over Fishing Rights
  • EAS over Billboards

How can citizens enact EASs
  1. The citizens should force PM, CMs to enact the first change MRCM Party proposes, which will make it easy for citizens to enact the third change we propose.
  2. Using second Govt Order the Citizens should enact the Govt Orders we have provided to enact the EAS.
Once citizens get a procedure to register YES/NO , all the proposed GOs from which they benefit will get YES within a few days. If we MRCM Party come into power, we promise to enact EAS laws on day one. But citizens need not wait that long. They need not at all wait for us to get in power. They can force existing CMs, PM to enact Third Proposed GOs, and use them to enact all the EAS related GOs. The drafts of the proposed laws are given in this chapter.


11.5 Equal Allowance System over Land

The Third MRCM demand is essentially Equal Allowance System over Land. The system ensures that all citizens will get near-equal remuneration from the raw cost of the lands. For details, please click here

11.6 Equal Allowance System over Underground Water

This administrative system will ensure that citizens in a district get near-equal cash remuneration from underground water. This is the simples EAS and fully explains the concept of EAS.

11.7 Other party’s and intellectuals stand on Mine Royalties and Land Rent

I discussed that earlier, that all other parties and all intellectuals of India insists that common citizens should have no share in mines’ royalties and land rent. We request all citizens to ask their favorite party’s leaders on this mine royalties and land rent issue, and decide if these leaders are worth voting for. And we request activists to ask intellectuals on this issue, and decide if they are worth listening to anymore.