The Pioneer : 2020-09-25

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2 2 ) / 2 8 + 2 2 % )<#2 = ! 2 5 # 2 " 2 % 2 ! > % 9 ? ) ( ; " 2 . 2 2 ! 2 2 2 $ ! 7 6 ( " 2 4 + ! 2 2 2 + ( @ ! 8 8 % ; / ; A ( < 8 4 " %&+' 6 " > # # , - 2 , - # 2 + 7 B0C " " / . 6 6 2 6 6 2 $ > 2 ! ! # ! 6 + 2 ! % ) . + + 7 ! ; 7 > $ 5 ; % 2 2 * 2 2 ! 9 2 ! 2 ! 2 ; " %&+' 7 A 2 2 ( $ 5 2 9 ! ) 2 > % 2 2 % ! ) 2 $ ? > + 2 $ 2 + / ! ! L ike most people, I enjoy listening to music in my free time. Other than being an expression of art, songs are often a great medium to get a message across. Some are subtle where you have to find understate­d and intelligen­t references to the message that is hidden. However, at the same time you have songs with lyrics like “Sushant superstar, you were Bihar’s treasure... The DGP came, he faced attacks but he took the case to the CBI. (The DGP) is the pride of the nation...” It is safe to say that this music video, which was released on the same day as the voluntary retirement of the DGP, can be a lot of things but “subtle” is certainly not one of them. The release of the music video and the reports of Gupteshwar Pandey (the DGP in question) making a foray into politics, do, however, give us an opportunit­y to examine the situation in the country and the question of ethical conduct by certain individual­s from the Indian civil services and the judiciary, two pillars on which the modern Indian state stands. The title of this week’s piece may seem a tad ironic, especially considerin­g that the writer himself was one time a and is now in active politics. However, having joined politics close to a decade after leaving the civil services, I believe that I can offer a unique perspectiv­e on the topic. To be clear, this is far from the first time questions regarding the ethics of appointmen­t or nomination of individual­s who come from the civil services or the judiciary have been raised. Even in a meeting of the Constituen­t Assembly, this issue was discussed. Professor KT Shah moved an amendment, which contemplat­ed restrictin­g judges who had served for more than five years in the Supreme Court or on any of the High Courts, from being appointed to any executive office or Ministers in a Government. The intent, as explained by a supporter of the amendment, was imperative because “if the temptation of being appointed to other high positions after retirement is not removed, it will also be liable to be abused by the Executive or by any party in power and they may hold out such temptation­s which might affect the independen­ce of the judiciary.” The amendment was ulti- ters where they may have participat­ed personally or substantia­lly. An alternativ­e restraint could be establishi­ng a separate authority like the Union Public Service Commission (UPSC), as former civil servant Anil Swarup talks about in his book join politics would be akin to “doing a Gogoi.” Another move that attracted criticism was of a Central Vigilance Commission­er joining a large corporate house immediatel­y after retirement. But like I said, this is not about one particular instance. According to a study done by Vidhi, a legal think tank, close to 70 out of over a hundred retired judges have taken up assignment­s after their retirement. Unfortunat­ely, this is inevitable considerin­g the number of statutory authoritie­s that require a retired judge to hold office under their parent statute. Therefore, what is the way ahead? It is obvious that relying on the integrity of individual­s to take the right call every time is not a tactic that has worked. While there are a number of individual­s who have displayed and continue to display courage, integrity and a strong conscience, the damage by a few to the institutio­ns that they have served can be so scarring that its impact would be felt on the core foundation­s of a democratic republic such as ours. Therefore, there is a need to legislate to account for situations where the independen­ce of the judiciary and of the civil services may be threatened. One solution is to do away with post-retirement posts and to appoint only senior personnel who are currently serving as judges or civil servants. Another option is to legislate like the US has done, where in case of former senior civil servants (in certain department­s) there is a permanent ban on appearing before Government authoritie­s on mat- mately rejected by Dr BR Ambedkar because at the time he believed that this was only a theoretica­l protection as the “opportunit­y for the executive to influence the judiciary is very small”. While there is no such restrictio­n, the Constituti­on of India does lay down administra­tive details like retirement of judges and remunerati­on in the Constituti­on. Similarly, civil servants are granted privileges like pension after retirement. Furthermor­e, removing a civil servant from service is an extremely difficult propositio­n. The intent of such protection­s is to ensure that both civil servants and judges carry out their duty as contemplat­ed under the Constituti­on without fear or incentive to act otherwise. Dr Ambedkar, in all probabilit­y, believed that the individual­s, who would form part of the judiciary or the civil services, would exercise their personal ethical framework and to this extent the issue of independen­ce of these institutio­ns would not be tarnished. However, it is becoming increasing­ly obvious that there is a need for us to legislate ethics and punish its abdication. Most recently from the judicial sphere, you have the case of the former Chief Justice of India, Ranjan Gogoi, getting nominated to the Rajya Sabha. This move drew sharp criticism from judges and lawyers alike, pointing to the fact that his appointmen­t came barely months after his tenure as Chief Justice ended. Such is the criticism around the appointmen­t that a news personalit­y noted that the DGP’s move to take voluntary retirement and possibly 0/ 5 ." "-6 ,/ -.7/ 2$ 0 .08 9$. $6# "-6 $ - /. (8 8. 1 / $ /3/6 -..$#63/6 . $6. /- 8( 9/-:$6# .5"0 /"$.$86. 8 0/ 20$3. -6 (-6"$/. 8( -6; #8: $6 82/ 0/ " $ / $- (8 .5"0 - 8$6 3/6 . .0859 ,/ 3- / 5,9$" -6 #8 0 85#0 - 8$6 . .;. /3 0/ / $. 6// (8 - . 5" 5 -9 .895 $86 Ethical Dilemmas of a Civil Servant. Swarup suggests that the UPSC can be tasked with shortlisti­ng candidates for post-retirement assignment­s instead of leaving such decisions to the whims and fancies of any Government in power. I would add that the criteria for such appointmen­ts should be made public and be through a points system. There are many possible solutions but in order to implement any solution, we need to first accept that there is a problem and that there is a dire need for a structural solution. As said by Dr Martin Luther King, “The arc of the moral universe is long but bends towards justice.” Therefore, I am hopeful that in the long run our institutio­ns will survive, not least because of the many righteous individual­s who serve these institutio­ns. I am hopeful that the examples that exist today will only serve as examples to future generation­s to keep their guard up, similar as to how examples from the Emergency serve as examples for today. However, with the benefit of hindsight, if Dr Ambedkar had a chance to discuss Professor KT Shah’s amendment in the Constituen­t Assembly today, I have a feeling that the outcome would be quite different. “babu” (The writer is a former IPS officer, a former MP and currently a member of AAP) ! / 5 ! % 1 0 ! % 5 / 5 0 *. " + 1 % 3 # ! 1 - < ! => 1 ! $ ! *, " % - % 8 B +% ! < % < 2 < ! ! " # $ % &"#$' ( ) # * ! + )# , - . " # &."#' ) ) / &) )/' 012111 30 4 2 % ( ) % &()%'2 2 + 5 $ # "#$ 2 2 % 2 ) # 2 % ) ! 2 6 ( ) )/2 ."# ! 2 47 $* 8 2 2 ( % ! 6 9 2 "#$ 2 % 2 2 ! 0: 03 ()% ) ! / 2 # # 5 ) # "#$ , 2 2 - $ 5 9 ; ?: A ?. - . ?@ ( ?@ further the communal agenda of the Government. ! " # M N Musaeed Sir — The Constituti­on allows migration across the country for employment needs. However, there has been no comprehens­ive legal framework to protect the workers from exploitati­on. More than one crore migrant labourers returned home on foot during the lockdown and around 29,415 lost their lives in the process. This is the harsh reality of how safe the workers are under the present labour laws. Adding to the problem are the recently passed three key labour reform Bills that further dilute workers’ rights than protect them. A more pragmatic approach with a full understand­ing of the problem must be put in place to alleviate labourers’ underlying distress due to the Government’s apathy. Mumbai " # ! ! $ % & ! ' ( ) " * ( + , ( ) - - ( . ! */ + , 0 ! % 1 2 - 3 " *- 3"+ # ! ! % 4 ! - % . # ! ! - 3" % ! 1 1 - # ! 4 1 ! ! ! Sir — COVID-19 cases in India crossed the 57 lakh mark with 86,508 new cases and 1,129 deaths reported in the last 24 hours. There are 9,66,382 active cases and 91,149 people have died. Meanwhile, Prime Minister Narendra Modi has emphasised the need to increase focus on “effective testing, tracing, treatment and surveillan­ce” to bring the coronaviru­s outbreak under control. In his virtual review meeting with Chief Ministers of seven states with the highest number of coronaviru­s cases in the country, he spoke of the need for clear messaging to dispel rumours about testing. However, the initiative­s taken by the Government don’t seem to help curb the crisis. It is, therefore, important that the people take the utmost precaution­s and follow WHO’s guidelines. $ 1 1 ! ! ! 1 % , ! % ! 1 SK Nag allowed the channel to air the show again on September 10 in the name of freedom of speech. It was only later on that Supreme Court barred the channel from going ahead with the telecast of the remaining episodes. Hate speech should not be allowed to be disguised as freedom of speech. And media being the fourth pillar of democracy should act responsibl­y and not members had boycotted the proceeding­s as they united against the Government for overriding parliament­ary procedures to pass the two controvers­ial farm Bills. The ruling dispensati­on failed to uphold the constituti­onal values and its dictatoria­l attitude made a mockery of the Parliament. Indeed a wrong precedent. Mumbai Sir — It is a matter of deep concern that some media houses are using their platforms to create communal disharmony and spread hatred. programme, that was aired on August 28, targeted the Muslim community and questioned the credibilit­y of the UPSC. The Central Government Sir — The Monsoon Session of Parliament came to an end amid protest by the Opposition parties and suspension of eight members. The Rajya Sabha passed 25 bills, including 15 on the last two days, when the Opposition Sudarshan News’ Urvi Jain Bindass Bol Ujjain N Nagarajan Secunderab­ad PRINTED AND DISTRIBUTE­D BY PRESSREADE­R PressReade­r.com +1 604 278 4604 ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY . ORIGINAL COPY COPYRIGHT AND PROTECTED BY APPLICABLE LAW

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