Hi Friends,

Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do. There is just no time to look back, no time to wonder,"Will anyone read these pages?"

With regards,
Hemen Parekh
27 June 2013

Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically

Wednesday 22 June 2011

LAWS CAN BE COMPLEX !

While unambiguous when it comes to punishing the guilty , laws must have built-in provisions to protect the innocent against blackmail / harassment thru frivolous use.

Team Anna should keep this in mind while framing their version of “ Right to Recall “ bill [ RTR ]

They must ask – and answer – following questions :

  • How many voters are there in that constituency ?

  • How many voters were there when that representative [ MP / MLA / Corporator etc ], got elected ?

  • What %age of voters voted in that election ?

  • What %age of cast votes did that representative get ?

  • What should be the minimum %age of voters who will be required to sign the recall petition – mentioning their UID / PAN / Voter ID ?

  • Who should the petition be addressed to ? Speaker ? President ?

  • Should petition contain specific charges, substantiated by evidence against that representative ?

  • Which agency shall investigate the charges and on whose order ?

  • If referendum is to be resorted to, which agency shall order the referendum and when ?

  • Who will conduct the referendum ?

  • Will referendum seal the fate of that representative thru a simple majority of those voting – irrespective of the no of voters in that constituency ?

  • Will the concerned representative have a right to defend himself ?

  • Can any action be taken against the petitioning  voters if the petition is found to be frivolous ? Should they be debarred from voting for 15 years ?

  • If found guilty and re-called , will the concerned representative be allowed to contest in the next election ? Or , should he be debarred for 15 years ?

  • Depending upon the extent of the guilt, will there be punishment of the concerned representative in addition to recall ?

Obviously, this is not an exhaustive list and Team Anna should invite public to add to these


We must not throw out the baby with the bath-water !


With regards


HEMEN PAREKH

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