Government is not the State and to criticize the policy is not an offense, but a constitutional right

Government is not the State and to criticize the policy is not an offense, but a constitutional right

In political science “State” is constituted of Four Elements --- LAND, POPULATION, SYSTEM TO GOVERN AND SOVEREIGNTY. But unfortunately some over zealots are spreading the notion that the Government is the state, Which is totally incorrect. Let us examine these elements land and population are physical and system of governance is the child of the population in a democracy and the sovereignty is totally abstract .

Once again we thrash out the system of governance which is enumerated in our Constitution . Which clearly stipulates three wings house of representative which is called parliament is representational to the masses or population . Though the present day government is the child of Loksabha –but in effect it controls the proceedings of the house. So both are mingled. Under the constitution government speaks for the Country –But in abroad ,not in the homeland .

To understand this I will quote the court proceedings, where in many case Union Of India is made the party and in some others Government of India, now this is the difference which I wanted to put through . In criminal cases the State is the prosecutor , but in civil cases it is replaced by the Government of India .

The third constitutional organ is the judiciary -which is the watch dog of Constitution . To link these three organs we have President Of Republic .who is also indirectly elected . Now comes the Citizen and government relations , under the constitution we have a place for opposition in the house . They are suppose to see through the governance and expose its follies .

Now the question arises when there is provision of dissenting with government policies , then how it become “RASHTRADROH ” as put by the “BHAKTS” . Probably these Bhakts either are ignorant of the constitution and its provisions or they don’t want to adhere to it . To my mind the second part is the truth . If they had such knowledge, then they would be able to understand the difference between the State and the Government .

This is in the reference to the recently issued circular by The Institute Of Chartered Accounts ---that No member shall speak or write criticizing the Demonetization policy . How any organization can violate the constitutional right of a person ? More so C.A. Are the financial professionals who can educate their clients about the effects of this policy .. It seems the Institute has issued this circular under the pressure of the present government .This makes things more worse , because one concludes that there is something very wrong --to which the Mody government wants to hide .