Wednesday, February 10, 2016

Constitution day celebration - 2

Continues from previous posting.
Next is about our bureaucrats, they are not as expected by the constitution, particularly when a large number is being recruited from lesser intelligent portion of our society due to pressure of reservation policy. Many incompetent people are holding top positions while they are not in position to deliver the results purely because they are simply not capable of understanding the problem they are supposed to solve! We also see that our bureaucrats are not sincere to the responsibility entrusted to them. Their patriotism is in most cases doubtful. Their intelligence is also doubtful. While recruiting them no test of their intelligence is made such as IQ test. Many cannot understand the issue and as that happens they are either keeping the files pending or simply the files are lost! Most are so arrogant that it becomes very difficult to work with them. In many cases these bureaucrats are arrogant with even members of the House and they show aptness in finding excuses to avoid work, they are too good in shifting blame to others mostly to ordinary citizen for their faults and mistakes. We also see that in many cases one failing incompetent bureaucrat helps other bureaucrats in covering up the issues where they have failed. Files are piling up as we do not have really good officers in position, that is one important reason why our government has failed people's expectations. Our constitution does not have any provision by which we can remedy these defects in these bureaucrats. Many things about these officers are taken for granted by our constitution such that they are all very efficient and honest. These things clearly indicate that this constitution is written for the benefit of an imperial government and not a democratic one. As a result, Many behave as if they own the country. Many openly tell that nothing can harm them, what at the most ministers may do is transfer, that is no punishment to them as their perks and increments and seniority are all protected by the different provisions in our constitution. Whatever controls are suggested to make these officers behave are nominal and no officer is bothered about them. On the contrary, many are protected from punitive action by this constitution. Because of all these pampering that our constitution offers to this class of employees they have become a problem to all sincere political members in all Houses as well as for the common man. Corruption is at the highest level among these bureaucrats and to that, callous businessmen add and make therm more corrupt as it is always easy to manage a corrupt officer than a sincere one. Most are addicted to corruption and they have no shame for it as it is bureaucratic culture today. My suggestion is that unless we introduce punishments such as whipping and demotion these criminal minded bureaucrats will never improve, however, I doubt if both these will ever be introduced in our constitution. Since these bureaucrats are soft skin criminals, physical punishments such as whipping will deter them and may bring about improvement in our system. Demotion can pressurize them to be better behaved. Our Hindu code of practices, Manusmruti, has mentioned many such punitive actions when a government officer indulges in any wrong doing. Constitution should include efficiency code to improve the work of these bureaucrats. Our present document does not have any such provision that can be used to discipline these arrogant officers. Who are one important cause for the failure of our system. Writer of this document never expected that the bureaucrat will be so knave. We need a better constitution that will not allow any such person to get in that position. Albeit, I doubt that can be achieved since reservation policy will always push administration to appoint inefficient persons from that group. Therefore, our reservation policy will also be so made that it shall not allow unintelligent and so incompetent persons holding positions in government.

I wish in our constitution, it mentions that the possibility of these officers of being danger to common man or citizen and to provide direct punitive action against such an officer. All punitive arrangements are derived by interpretation of other acts and there is no direct mention of that provision; that I feel is the lacuna in this document.

Now about the third pillar, Judiciary, of our constitution; I wish we have a direct guideline that will automatically make the law officers vigilant and for that there should be a rule that will check the IQ of our judges. Most judges are having low IQ. Many do not have simple common sense while delivering their order. For example, I take the case of illegal constructions in cities such as Thane and Ulhasnager. The constructions were demolished due to order by the SC or HC. The order to demolish was issued on the basis of simple rules given in the log book however, these were special cases of corruption in the concerned bureaucrats and politicians. The concerned builder had to make these constructions to avoid corruption of officers concerned and so these structures were built without their NOC and such other clarifications. In the process the simple innocent people have suffered only because they trusted the builders. This shows that the judge of these courts lacked the simple common sense and even though the ruling is correct on the basis of rules it was not correct from simple common sense thinking. If ruling is based only on the basis of recommendations in a law then we do not need any judge to work on these issues, a junior clerk can do it! We refer the matter to judiciary because more than just obeying these laws is required in such cases. Something like a sixth sense. Many judges argue that their judgment is as per provisions of the constitution and there the matter seems to end but actually that shows that our constitution is not capable of handling such complicated situations. Many laws are designed deliberately to keep loose ends so that the law can be twisted to get the desired ruling. If any situation is causing hardships to innocent people and appear to be suffering due to improper rules in the constitution wise judges are not in a position to give a ruling that shall help the common person who is at the end suffering due to such improper laws. If constitution accepts that concerned officers could be corrupt, and they are very much so, the judge could have given judgment that would not have caused demolition of the buildings and cause hardship to these innocent citizens. In short, I may say, our judges do not use their common sense while delivering the judgment. One more point I want to put here and it is about the level of honesty that our Judiciary shows towards people. Here I want to give example of my own experience with Bombay High Court; in one case (about twenty years ago) after I won the suit Court ordered that my payment to the court (4000/-Rs.) be refunded to me however, I have as yet not received that refund! On inquiry with the court office I was told by the clerk there that often High Court gives such orders but they are not to be taken seriously and actually Court never returns the money! This my experience has developed a feeling of disgust for the office of High Court. Why they give such orders if they really do not want to honor it? One other point worth mention here is that about payments to advocates, Court gives certain limit but actually advocates charge far more money; on inquiry I came to know that the recommendation is of pre-independence period and it has not been updated till now. Why such sluggishness at the High Court level? All these things must be brought forward to make this august body more reliable and dependable so that we ordinary citizens may respect it. Court sells many stationary items such as stamp paper; they do not issue payment receipt, why? There is no reply to it as if we citizens have no right to know why our court works in such a shabby manner. In many issues stamp duty of lower than 100/-rs is required but there is no availability of lower level stamp papers! Is it a case of cheating of people by the Court? Can we citizens say that this august body of judgment is a criminal body only to fool people? Every care be taken by the new constitution that no such feeling of distrust and disrespect develops in the minds of people about the system. I feel some times that this court thinks that they are above all. In real democracy no body is above citizens rights. In new constitution it must be clearly mentioned that all judges and their office must respect citizens and know for all times that they are appointed to serve the people of India and stop bossing over them under many excuses. They expect that people respect court but they forget that if they continue to misbehave with people in many such ways, they have no right to expect that people will care to respect a fraud institute like our judiciary.

This topic continues in next post.

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