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2 Why is corruption in US police\courts less than Indias police? Introduction to RTR

(A detailed version of this chapter in notes #301.002 on http://facebook.com/mehtarahulc ) A very mysterious question , and such a trivial answer !! You must have heard from your relatives, friends in US that the corruption in US police\courts is far less than corruption in Indias police\courts. Every NRI in India must have noticed this from day one. E.g. when I was in US from 1990-1999. I was stopped by Constables 5 times for different traffic violations. First time, the constable just warned me and let me go. Second time, a different constable, different place , the constable fined me and total fines including insurance surcharge came to be about $1500. A question came to me - why neither asked for a $50 bribe? This must have been a mystery to many of you why are the policemen\judges in US far less corrupt? Are the policemen\judges in US so stupid, compared to the policemen\judges of India, that they cant think of clever ways to extort bribes from their citizens? No, they are not so stupid. Are they so coward that they cant muster courage to arm twist citizens and squeeze bribes from them? No , they are as courageous as policemen in India no less. Then are all policemen\judges in US saints free from greed? No, not at all ; all cant be saints. Then is higher salary alone the main reason for low corruption? Well, lets say we triple salaries of our policemen\judges in India this week; then will they will they give us even 10% discount in bribes starting next week? For example, in 2009-2010, Govt tripled the salaries of all judges. Did the judges give even 10% discount in bribery next day? I guess not. If a GoI employee thinks that his salary should be twice of what he is getting, and so he needs bribes, then does he stop taking bribes after collecting bribes equal to 30 years of salary difference? No, most of them never stop. So salary is surely an important issue, but not a major factor to create the difference between levels of corruption in India and US. Then what else can be the reason? Is our culture a reason? Many eminent intellectuals (ku-buddheejeevies?) of India have 4 digit IQ, and they say that policemen in India are more corrupt because we commons are uneducated, unaware, lack moral character, we have bad political culture etc. IOW, as per these eminent intellectuals with 4 digit IQ, we the citizens are responsible for the corruption in policemen\judges !! These blame the victim explanation given by eminent intellectuals with 4 digit IQ is something I dismiss as a white lie. It reeks and stinks like women are responsible for rapes. The arguments that citizens dont have awareness or citizens have bad political culture are total nonsense and a white lie. Even most illiterate person is very much aware that corruption is immoral and it is crime. And surely all policemen, judges, Ministers are very much aware that corruption is illegal and immoral. And even when education in US was less than 5% in year 1800s, they did not have such corrupt police, courts etc. Hence IMO, lesser education is a non-issue, citizens lack awareness is total nonsense cooked up by eminent intellectuals with 4 digit IQ and citizens have bad political culture is a white lie. Then what are the real reasons behind lesser corruption in US policemen? Lets divide police force in two broad parts junior officers like Constables\Inspectors and seniors like District Police Commissioner.
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Why are junior policemen less corrupt in USA The Constables in US rarely ask for bribes because District Police Commissioners in US set traps. So a Constable knows that 1 out 100-500 law-draft violator is a trap set by Commissioner and if he dares to ask for a bribe, he might get caught, will lose his job instantly and may even have to go to prison. E.g. when I was in US from 1990-1998. I was stopped by Constables 5 times for traffic violations. The constables fined me three times and pardoned me two times, but didnt even hint that they were interested in bribes. Why? The main reason being : the Constable knew that 1 out 200 such traffic violators are traps set by Commissioner and he doesnt know which one is the trap. And so he must have thought that I could be a trap set up by Commissioner. So he forgoes bribes in all 200 cases including mine. And many nodal officers in US like District Education Officer, District Public Prosecutors, Governors etc set traps against junior officers, Ministers, judges. The occasional traps keep all junior staff bribe free. So the fact that Police Commissioner sets traps explains why junior staff is less corrupt. 2.3 Why do Police Commissioners in USA set traps Often, one answer can often create10 questions and valid questions, which need answers. So a new question now comes --- why do Police Commissioners in US set traps to stop bribes while most Police Commissioners in India order Constables to collect bribes? What creates this difference? Why dont Police Commissioners of US also give collection targets to Constables? The one and only reason is : citizens in US have procedure to expel District Police Chief (aka Right to Recall). IOW, if citizens in a US district want to expel District Police Chief they dont need to approach DIG or CM or Home Minister and file complaints. The citizens of US also do not need to approach High Court judges and file worthless PILs. The citizens in US only need to prove that majority district voters want Police Commissioner to be expelled. And once the majority is proven against a District Police Chief, he is expelled and no High Court judge or Supreme Court judge dares to throw stay order and delay his expulsion. Likewise, if citizens in US want to expel CM, Mayor, District judge, District Public Prosecutor, District Education Officer etc they dont need to approach MLAs or PM or party leaders or judges the citizens only need to prove majority opinion in that District or State. So Police Chief and all nodal officers fear that if staff becomes very corrupt, citizens may expel him. And so these nodal officers like Police Commissioners set traps and so corruption in junior staff is less. Many anti-recall eminent intellectuals say that this procedure to expel nodal officer, aka Right to Recall an American concept. They further say that Indians must never dare to compare themselves with Americans. And some claim that it is un-Indian concept. They are all liars. Chap-6 of Satyarth Prakash is Raaj Dharm. In this chapter, Swami Dayanand enumerates powers and duties of citizens, officers, Ministers, judges etc. In the very first page of chap-6, Swami Dayanand establishes the foundation of Raaj-Dharm. Swami Dayanand gives two words - Prajaaaadheen Raajaa. And in these two words, he summarizes 10000 proposals on good politics. And then he elaborates : Raajaa must be Prajaa-aadheen, or else he will rob the citizens and destroy the nation. And he has taken shlokas from Atharvaved. And a cursory comparison of Indias Police Commissioner, Ministers, judges etc with US Police Commissioner, Ministers, judges etc shows how correct the sages who wrote Atharvaved and Swami Dayanand are. The citizens in US have procedures to expel their District Police Chief, CM etc i.e. they are all Prajaa-aadheen, and so Police Chief,
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judges, CM etc in US dont rob citizens but protect citizens Whereas citizens in India cant expel or do any damage to Police Chief, CM etc and thus they are not Prajaa-aadheen. And so we see that most Ministers, judges in India are busy robbing us commons. How apt is the analogy of Maharshi Dayanand just as carnivorous animal eats other animals, a Raajaa who is not Prajaa-aadheen would rob his citizens. And thus of all things in this world - two words from Satyarth Prakash explain why corruption in US police is low. And to me, it is an utter irony that I have to give example of US to prove the worthiness of these two words of Satyarth Prakash. 2.4 Common sense explanation of Right to Recall Say you have a factory and have 100 employees. Now say Govt makes a law-draft that you cant expel any laborer for 5 years to 25 years. Now will the level of indiscipline increase or decrease? Surely, it will increase. Right to Recall can be derived from this common sense experience. We citizens of India are suffering only because we cant expel any officer from Supreme Court Chief judge to Clerk. So they all loot us. And citizens in US can expel District Judges, District Police Chief, District Public Prosecutors, District Education Officer, Mayor, Corporator, State High Court Chief Judge, Governor etc and so corruption is low. So all in all, RTR is just common sense. Right to Recall and Prajaa-aadheen Raajaa Now how are Right to Recall and Prajaa-aadheen Raajaa related? The Right to Recall gives a procedure by which citizens can expel any officer/judge/Minister anytime and without approaching any higher authority and only via proving the majority. RTR (with the Jury based variant of RTR) is the only known method to make Raajaa Prajaa-aadheen and thus reduce corruption in Ministers, officers, policemen and judges. There are a plethora of alternate institution based proposals like police board, judocratic commission etc. but all of them are proven total failures. These institutions only corner corruption, they do not reduce it. Any procedure which keeps Raajaa autonomous (read : autocratic) of Prajaa can only re-distribute corruption, cannot decrease it. If the citizens have no direct way to expel officers, judges, Ministers, and can expel them only after begging before other officers, judges, MLAs, MPs, Ministers etc, then the citizens will fail to control officers, judges, Ministers. The officers, Ministers, judges etc will endlessly extort bribes, demand all immoral favors and also throw unspeakable atrocities on citizens. And worst, they may also sell away the nation to the foreigners. The officers, judges, Ministers, be juniors or seniors, will almost always form quid pro quo nexuses amongst each other. And using the nexuses, they will protect each other. Hence there will be no punishment against corrupt and so the corruption will run amok. They will always cite lack of proof as excuse and support the corruption of fellow Minister, officers, judges. The direct intervention of citizens is the only method known to mankind which is immune to nexuses. I would give one more example. Say you own factory. Say you have 100 laborers. And say Govt makes 2 new rules (1)every month, money from your account will be deducted and salary will be deposited in your laborers account (2)you can NOT expel any of these workers for 5 to 35 years. Then 3 months after these new rules come, how many workers will be obeying you? Please do not read further without answering this question. I will re-ask this question : three months after these new rules come, will level of indiscipline increase or decrease? How many workers will obey you? IOW, so called (proposed) Right to Recall aka procedures by which citizens can expel Supreme Court judges, PM, CM, MP, MLA, judges etc is borne out common sense. It is very much mentioned in scriptures such as Satyarth Prakash and Atharvved. It has been implemented in modern
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US and Greece of 600 BC. But one doesnt need scriptures nor history to get the gist of Right to Recall --- it is plain vanilla common sense. Right to Recall in modern US The Recall procedures drafts in US vary from state to state, district to district. E.g. citizens in about 20 states have procedures by which citizens can recall Governors. And many states have right to recall District as well as High Court judges. Many states did not have right to recall Governors, judges etc when their Constitution were drafted in the beginning. But later, the citizens added recall procedures for Governors, judges etc. And many states have referendum procedures. And so even the states in USA where recall procedures dont exist today, the officials know that if they misbehave, the citizens are very much capable of creating recall procedures via referendum procedures and expelling them, just like citizens did in many other States. IOW, the threat of recall is over every State/District official, even where recall procedures dont yet exist. You may be interested in knowing about some real recall examples. As an example, I will post the news from a US newspaper namely Palo Alto Daily of 4-may-2007. The reader may want to check the link : paloaltodailynews.com/article/2007-5-4-05-04-07-smc-sheriff-recall for the entire article
Recall effort against Sheriff Munks begins A San Carlos resident is organizing an effort to recall San Mateo County's top law-draft enforcement officer. Michael Stogner said Thursday he plans to file a notice of intent by Monday to recall Sheriff Greg Munks, who was caught ... [in an alleged wrongful act] .. in Las Vegas on April 19. Munks said in a statement April 24 he thought he was visiting a legitimate business and didn't break any laws, but he has declined to answer any questions ... Though Stogner believes there is wide public support for ousting the sheriff, recalling any San Mateo County official is a tall order. Elections office spokesman David Tom said 10 percent of registered voters in the county must sign a petition to get a recall effort on the ballot. That works out to about 35,000 people. ....

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Sheriff means District Police Chief in US. Not all, but some 70% to 80% of the District Police Chiefs in US are elected directly by the commons and the rest are appointed. Be appointed or elected, the citizens in US have formal or informal procedures to expel these police chiefs. The commons in many districts also have procedures to recall Mayors, District Govt Lawyer, District Education Officer etc. And can citizens in US recall judges? Well, many States have Right to Recall judges as well. There are many examples of cases wherein citizens tried to recall a judge at judgerecall.com . And please see following URL from Berkeley Universitys website. igs.berkeley.edu/library/htRecall2003.html to get an idea of Recall procedure in California.
The Recall Mechanism for officers, judges in California The first step in a recall effort is the circulation of recall petitions. The process begins with the filing of a notice-of-intent-to-recall petition written in the proper legal language and signed by 65 voters. Once that is accomplished, the recall petition can be circulated in earnest. Petitions for the recall of statewide officers must be signed by voters equal in number to 12% of the last vote for that office, including voters from each of five counties equal in number to 1% of the last vote for the office in that county. Petitions for the recall of state legislators must 36

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equal in number to 20% of the last vote for the office. The recall ballot has two components: a yes or no vote for recall, and the names of replacement candidates, selected by the nomination process used in regular elections. . The recall mechanism for statewide officers and legislators in California first appeared as a constitutional amendment in 1911, one of several reform measures put in place by the Progressive administration of Governor Hiram Johnson. The most controversial provision of the amendment was the inclusion of judges, and the justices of the state Supreme Court in particular, among the state officers subject to recall. Proponents favored the amendment as another mechanism to fight graft and corruption in government. Opponents criticized it as a device that extremists and malcontents would employ to harass and remove honest officials. Recalls have often been attempted in California against statewide elected officials and legislators. All governors in the last 30 years have faced some level of recall attempt. In 2003 Governor Gray Davis became the first statewide official to face a recall election. Recall efforts against state legislators have reached the voting stage, and four were actually recalled. Senator Marshall Black (R-Santa Clara County) was recalled in 1913, followed by Senator Edwin Grant (D-San Franisco) in 1914, and by Assembly members Paul Horcher (R-Los Angeles County) and Doris Allen (R-Orange County) in 1995. There have been many successful recall attempts at the local government level in California. For general historical background on the recall in California see: Bird, Fredrick L., and Ryan, Frances M. The Recall of Public Officers: a Study of the Operation of the Recall in California. New York: Macmillan, 1930. ; Nolan, Martin F. "The Angry Governor [Hiram Johnson]," California Journal, v. 34, no. 9 (Sept. 2003), p. 12-18. ; Spivak, Joshua. Why Did California Adopt the Recall? History News Network, Sept. 15, 2003. ; "The Recall Amendment," Transactions of the Commonwealth Club of California, v. 6, no. 3 (July 1911), p. 153-225. (Please read whole article at http://igs.berkeley.edu/library/htRecall2003.html )

Someone in India who has only read textbooks written by the Textbook Mafia (textbook authors who have sponsorship of political\economic elitemen) may find it impossible to believe that there is a country right on this very planet where citizens can even expel even High Court judges via majority vote !! How could these commons do so? How dare they --- as judges are above the Gods !! At least thats what eminent intellectuals with 4 digit IQ, who are also Nayaya-Murti-Pujak, in India have always upheld. Now will illiteracy play havoc if recall laws comes? These recall procedures have been in US since 1800 AD, when literacy was below 10%. So the argument that recall is not good for India as most Indians are illiterate is wrong. Besides, literacy in India is low and US Is high mainly because citizens in US have Right to Recall District Education Officer and citizens in India dont have any such powers. So money allocated to education gets siphoned out. The threat of recall is the ONLY reason why district police chiefs, judges etc in US are far less corrupt than police chiefs, judges etc in India. Please note there is no other reason. And I repeat once more there is no other reason. And of all false reasons, the political culture reason is the biggest nonsense. Lack of awareness reason is another big nonsense. So answering the question why policemen in US are less corrupt than in India, in the words of Atharvaved and Maharshi Dayanandji, the reason is that the Police Chief in US is Prajaa-Aadheen while in the one in India is not Prajaa-aadheen at all. And Atharvaved and Maharshi Dayanand Saraswatijee say that if the Raajaa (or Raaj Karmachaari such as Police Chief) is not Prajaa37

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aadheen, he will rob the citizens. We see that all the time in todays India. And not just District Police Chief of US, Governor, MLA, District judge, District Education Officer, District Public Prosecutor, and in some states in US, even High Court Chief judge are all Prajaa-aadheen. And so these Govt employees robbery is less in US. And in same US, Senators are not Prajaa-aadheen, and they are all corrupt. Federal officers appointed President are not Prajaa-aadheen, and so they are all corrupt. So what Atharvaved says applies in US without exception. And in India, no one from Patwari to Supreme Court Chief judge is Prajaa-aadheen. And no wonder, they are almost all corrupt. And the recall threat is so effective that citizens have to use it rarely - less than 0.05% of officers in US ever face recall. The recall procedures ensure that officials behave well and so there is rarely a need for recall. The procedure of recall has ensured that officers seldom become even 1% as corrupt as officers in India and work with expected efficiency. In fact, recall procedure increases reelection rate as officials behave well and so citizens seldom see need to replace him in next election. The citizens of US have been having these recall procedures since 1800s. But Indias eminent intellectuals insist that citizens of India MUST not have these recall procedures even in 2010 as we Indians are inferior to Americans and we Indians have inferior political cultural, moral value, manasikta etc !! Well, my response to these eminent intellectuals is hell with your 4-digit IQ and hell with all your gyaan. I believe that recall is must and it is the only way to reduce corruption and nepotism in Indian judocracy, polity, administration. And so I ask citizens of India to force PM to issue Gazette Notifications that would enable us citizens to replace PM, Supreme Court judges, CMs, High Court judges, Ministers, District Police chiefs, RBI Governor and about 200 such positions. Most MPs of every party and almost all eminent intellectual has opposed my proposed recall procedures. And that has only encouraged me further. Now the question is how can we citizens enact Right to Recall in India? For this, I have proposed TCP law-draft, which I discussed in the chap-1. A short history of Right to Recall in India Right to Recall is mentioned in Atharvaved. Atharvaved says that Sabha , assembly of all citizens, can expel the King. Maharshi Dayanand Saraswatijee in chap-6 of Satyarth Prakash explain Raj-Dharma And in one of first 5 sholkas, Maharshi say Raajaa must be Prajaa-aadheen i.e. dependent on us commons. Please note he uses the word aadheen i.e. completely dependent. And in the next shloka, Maharshi Dayanand say that if Raajaa is not Prajaa-aadheen, then such a Raajaa would rob the citizens just as a carnivorous animal eats other animals and thus such a Raajaa (who is not Prajaa-aadheen) would destroy the nation. And Maharshi Saraswatijee has taken both shlokas from Atharvved written ages ago. And the word Raajaa here includes all Raaj-Karmachaaries i.e. employees of Govt from Supreme Court Chief judge to Patwari. All employees of Govt must be Prajaa-aadheen, or they will rob the citizens. So say the sages who wrote Atharvaved and Maharshi Dayanand Saraswatijee agree with those sages. So Right to Recall is at very heart of Indian Vedas, and thus all streams Indic Sects and Religions, which derive root beliefs from Vedas. And please note Dayanand Saraswatijee does not speak about BandhaaraNa-aadheen Raajaa, he talks about Prajaa-aadheen Raajaa. In India, the eminent intellectuals with 4 digit IQ have insisted opposite of what Atharvaved and Satyarth Prakash suggest. The eminent intellectuals with 4 digit IQ say that Raajaa and Raaj-Karmachaari i.e. Govt employees should not be Prajaa-aadheen at all but should be only be BandhaaraNa-aadheen i.e. dependent on book such as Constitution only. This whole
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