Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: cpt :: form 3cd :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: empanelment :: VAT Audit :: VAT RATES :: ACCOUNTING STANDARDS :: TDS :: articles on VAT and GST in India :: list of goods taxed at 4% :: due date for vat payment :: TAX RATES - GOODS TAXABLE @ 4% :: Central Excise rule to resale the machines to a new company :: ACCOUNTING STANDARD :: ARTICLES ON INPUT TAX CREDIT IN VAT
 
 
News Headlines »
 Directions under section 119 of the Income-tax Act, 1961
 Securities excluded from GST ambit in revised Bill
 GST dilemma: Hope fades for new tax regime
 5nance.com launches tax investment platform
 Is government tapping your phone?
 Income tax department to use analytics to look for discrepancies in bank accounts
 GST Council fails to break deadlock over indirect tax regime, next meet on Dec 11 and 12 to hammer out differences
 Invoking Writ Jurisdiction For Income Tax Matters
 How to file income-tax returns online
 How Income Tax Returns Are Scrutinised
 All About New Income Disclosure Scheme to make Demonetisation successful

Rule of law: A comparison
February, 09th 2007

Rule of law is said to be the litmus test of a genuine, as distinguished from a spurious, democracy. Its core principle is the oft-quoted "Be you ever so high, the law is above you", meaning that everyone is equal before the law. It is in the application of this principle that there is a striking difference between mature and sham democracies. Let us contrast the situation in this respect prevailing in a `soft' State such as India, on the one hand, and `hard' States such as the US and the UK, on the other.

In India, persons committing even heinous crimes are nominated as candidates of political parties in elections and get elected to Parliament and State Legislative Assemblies. Their criminal antecedents act as no bar to their being sworn in by the President and Governors as Cabinet Ministers on the advice of the Prime Minister and Chief Ministers.

Nelson's eye

One cannot even imagine the so-called long arm of the law touching persons of high rank or status. Even if, thanks to public outcry, cases are brought against them, they either go scot-free or are let off lightly, by exploiting the vulnerability of the investigative machinery to pressures and loopholes in court procedures. A murder is committed in the living quarters of a godperson, but the matter is hushed up since he has access to the rich and the famous.

Persons in authority think nothing of using law and the investigative agencies as weapons of harassment of critics and opponents, while turning the Nelson's eye to the malfeasance of their supporters. There is not one instance of investigative agencies ever registering or pursuing a case against persons in authority or their cohorts, but the same agencies show no hesitation in hounding those who are on the wrong side of the political fence.

VIPs, defaulting thousands of crores of rupees of loans taken from banks, are strutting as pillars of society and stars of public and official functions, and no action is taken against them simply because they have friends in high places. It is only in India that it is possible for a Quattrocchi to make a smooth getaway despite facing grave criminal charges, and to be allowed to withdraw huge amounts kept frozen in British Banks. Seven Governments at the Centre have come and gone since the Swedish radio broadcast the news of the kickbacks in the malodorous Bofors scandal, with no end in sight.

Cash-for-honours

Fast forward to the US. Within the last year, at least four Congresspersons and Senators have been convicted after quick trials completed within six months or so and sentenced to periods of imprisonment of more than five years. Close aides or friends of the President and the Vice-President committing serious misdemeanours have been booked and are being tried, with every prospect of being visited with deterrent punishment. In the UK, the police promptly took up investigation of a case in which the Prime Minister's office (PMO) was alleged to have rewarded with honours such as peerages and knighthoods fat cats who had advanced enormous sums as loans to the Labour Party. The police have arrested the Chief of Government Relations in the PMO, and the Prime Minister's chief fundraiser, and have grilled his Chief of Staff and Chief of Political Operations as suspects in the conspiracy. The Prime Minister himself has been subjected to questioning by the police twice in his own office.

Substitute the names of you-know-whos in India and ask yourself whether the investigative agencies would dare act like this against them.

B. S. RAGHAVAN

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Privacy Policy

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions