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Archive for February, 2009

Feb 06 2009

Law and Justice

Third most important aspect, after health and education, of intellocratic governance is availability of free and speedy justice to all the citizens. For this, Intellocracy provides ultimate authority to it, and simultaneously expects ultimate performance and earning by it ultimate respect of the people by its performance, and not by mere authority. For earning this respect, the judiciary has to provide speedy justice to the people.Then only, it shall be considered to have the ultimate wisdom of the nation. With current state of judiciary around the world, it is a herculean task but under Intellocracy it has to be done by every member of judiciary or leave the judicial system. For this ultimate wisdom of judiciary, its functioning shall be logic-based instead of being rule-based or law-based. So laws in intellocracy shall be very brief and of indicative nature only.
One most important empowerment of judiciary is to make it above the ruling community of the nation and to have a tab over them in the interest of the nation only. The nation shall be above all followed by the people.
No Inherent Powers
judiciary shall not have any inherent powers of doing anything and acting in any way. The facts presented to it have to be subjected to logic and adjudicated. The judiciary shall not have any powers to add to or subtract from the presented facts.
No Power for Contempt of Courts
Contempt of court provision puts judiciary above public criticism, which is often misused by the judiciary. So, Intellocracy does not support this provision. The judiciary shall have to earn ultimate respect by it performance in serving the nation and its people.
Government Functioning
The judicial role with respect to governance of the country shall be restricted to formation of the government and shall not be allowed to audit performance of a legally formed government.
Punishment Criteria
Intellocracy does not support ‘equal punishment for equal fault criterion, but rules ‘punishment proportional to status’ of the defaulter. For taking a bribe of Rs 100/- a fourth class employee may be sentenced to a month’s imprisonment, but a government officer shall be subjected to death penalty for the same crime. This provision is to eliminate any possibility of misuse of authority by any person.
Crime and Punishment
Intellocracy puts all crimes under three categories - anti-national, anti-social, and anti-moral. Misuse of official authority, Illegal foreign relationships, food adultration and production/distribution of narcotics and intoxicants are the anti-national crimes for which death penalty may be awarded. Murder, trespassing woman’s modesty, public display of religious leanings, encroachment of public properties, undue business profiteering, disobedience of family norms, etc. are social crimes for which the culprit may be castrated. Thefts, dishonesty, etc are moral crimes for which the culprit may be sent to a labor farm.

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