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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are invited to visit my other blogs
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