Title: Re: [Assam] I am stunned / From the AT
KamaL;

In the USA,each state elects two senators,regardless of its size or population,which adds upto 100 senators, representing 50 states.Mr.Bezborua is right about the unequal representation of the Indian Parliament.New Delhi is a turf,dominated mostly by the heartland states and in that ambiance, a significant smack cannot be produced by the representatives of the peripheral states.


*** Some of the fine distinctions  missing here are that the US House and Senate are two  distinctly different legislative bodies constituted of elected members, who, act as checks and balances against each other.

The House, the lower one ( similar to the Indian Lok Sabha), is represented on the population strength. Thus it could indulge in tyranny of the majority, and it DOES, all the time. However, the Senate, the upper house ( I am not sure if its parallel is the Rajya Sabha in its role), is a more deliberative body, where each state is represented by  two Senators. For a law to be enacted or budget to be passed it has to be done by both the House and the Senate. Therefore the House cannot always get away with passing majoritarian legislation, if the Senate too does not go along with it, which it often does not. So the House and the Senate delegate NEGOTIATING panels to work out COMPROMISE solutions, in the best of democratic traditions. But in spite of that, the President, the CEO, who is elected by popular vote, and thus a direct rep. of the people, still can VETO a bill if she/he decides it is not in the best of national interests. However the House and Senate still hold powers over the President, since they can OVERTURN a presidential veto, if both the House and the Senate can produce a two thirds majority to do so. In other words, the popular will could not be thwarted arbitrarily by an individual in the Presidency.

Therefore in the US system there are three layers of checks and balances on the legislative functions.

But that is not all, the courts still have the last say on a piece of legislation. If the law passes thru the House, the Senate and signed by the President into law, it still could be voided by even a district court, if it does not meet CONSTITUTIONAL requirements. So the legislative bodies cannot go and pass a law that is in conflict with the provisions of the constitution, such as freedom speech,cut rtailing of individual rights, right to privacy, freedom of religion,separation of church and state--so on and so forth.

This has enormous ramifications in the quality of democracy.

I understand where Dhiren da is coming from very well. In fact I too harped on the unfairness of this lopsided equation of Indian democracy from day-one in Assam Net. However I am  more than a little surprised that Dhiren-da did not attempt to delve into the nuances, those critically important elements, of the checks and balances in constitutional democracy, which he is attempting to strive for, just like I and you and many others do too. But unless the details are explained and the nuances highlighted, it would not raise the discourse to the level of effectiveness. The devotees of the status quo could still raise their voice to denounce Dhiren-da's advocacy as UNDEMOCRATIC and he won't be able to defend it.

But there are ways to achieve it, democratically.

I am not familiar how the Lok Sabha and Rajya Sabha works, whether they act as checks and balances against each other, or if the courts have the kind of the authority those in the US  have, in evaluating the constitutionality of legislation. But all indications are that these checks and  balances, like everything else, are either totally lax or non-existent.


Re: Assam Watch or other NGOs, are ultimately all interest  groups advocating this or that; some good, others of questionable value, and some may even be corrosive to the public interest. But the fact remains that the demand for Assam sovereignty -- secession from India -- is not a matter of a small group of extremists' private interests. Not everyone subscribes to it. But still the issue, at best, is a contested one; and  is not something fit to be discarded as a merely a criminal action of a fringe group, regardless of how a security freak like Ludra might view them as.

In that Assam Watch's activities of advocacy have just as much legitimacy, if not more, as that of Ludra or RAW or loyal Indians who deem themselves OWNERS of Assam:-).


c-da


At 8:06 AM -0700 6/12/05, [EMAIL PROTECTED] wrote:
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In the USA,each state elects two senators,regardless of its size or population,which adds upto 100 senators, representing 50 states.Mr.Bezborua is right about the unequal representation of the Indian Parliament.New Delhi is a turf,dominated mostly by the heartland states and in that ambiance, a significant smack cannot be produced by the representatives of the peripheral states.

About Assam Watch--The focus of all the important human rights groups like Amnesty International,World Watch,Helsinki Watch,Human rights Watch ( these are NGOs,unlike Human Rights Commission which is an autonomous body,created by an act of Parliament) have been on the rights of a human being and seek to protect an individual against an mighty state.To the best of my knowledge,they donot advocate dismemberment of long-established political units.By the way,I donot have any knowledge about the writer ( I mean,Mr Ludra).KJD

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