Tuesday, October 24, 2017


The entire structure of governance of our country has gone hay while . 
  •                  Bureaucracy has become supreme . 
This so called Steel Frame inherited from the British Empire has ruined our country .Such has been our fate . We have to be ruled by corrupt political system supported by power drunk bureaucrats . In the words of an  IAS officer who left his job because he did not like to have a brush with  unresponsive, heartless, arrogant and unaccountable  bureaucracy . Just over 2 years back, Eric Ellis wrote this in the context of Commonwealth Games that had just concluded in New Delhi:

The Delhi games showed the world just what can be done when its (India's) daunting civil service takes control – and the result wasn't pretty. Corruption, waste, inefficiency, obfuscation and a cancerous lack of accountability in officialdom – and all of it on an Olympian scale. ...Some economists have calculated that India's bureaucratic inefficiency costs the country 1 to 2 points in annual growth.

Eric went on to point out how

Part of the problem is its size and power. India employs about 4 million civil servants, with another 7 to 8 million in its 35 states and territories. It is the world's biggest civil service, bigger even than China's, which has about 15 per cent more people to administer than India. And India's numbers don't include the armies of non-paper shufflers; the personal staff of senior bureaucrats who manage the household and perks."

I guess it would not surprise most to read that,

American economist Lant Pritchett of Harvard's Kennedy School of Government .. described the Indian bureaucracy as "one of the world's top 10 biggest problems", up there with AIDS and climate change."

It had happened mainly because they were not Accountable .   It is virtually impossible to fire  a  Group A  Officer , and that too of  IAS Cadre  .. Even the most egregious misdemeanors usually end with a "suspension" that is quietly revoked once the wrong has faded from public memory.

  •                 Political Bosses either they are undecided or  can not stick to their decisions
  •                  Judiciary has been tamed by the political bosses to suit their needs

On Sun, Oct 22, 2017 at 1:21 PM, Gaur J K <indiaresists@lists.riseup.net> wrote:

From: Gaur J K <gaurjk@hotmail.com>
Sent: Tuesday, October 17, 2017 2:37 PM
To: truevalue_pandian@yahoo.com


In case of Talwars it was a trial by media which prejudged the issue. The investigation was also done by CBI which has earned the nickname of a 'caged parrot' and we know who the master is.
 What is the accountability of the executive to the people in practical terms? 
How many ministers have been punished for their wrongs during the last 70 years? What is their qualifications and experience in holding those positions? The clean BJP is poacking on the taintd Ministers in Himanchal. At least for judiciary the judges have adequate educational and professional qualifications and experience. In case of bribe,it is always through the lawyers. There is also age limit for retirement. But a politician there is no such limits or limitations. , criminal elements among the legislators and executive is so very well established. Giving more powere to executive in appointment of judiciary will lead to committed judiciary as happened in Emergency times.

From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of "P.C.Pandian" <indiaresists@lists.riseup.net>
Sent: Saturday, October 14, 2017 10:56 PM
To: ravindra malhotra
Cc: indiaresists@lists.riseup.net
Transparency is fine; but accountability is missing. As a pattern, H.C.s overturn judgements of lower courts with serious strictures. Who will compensate the agony and nine years of the Talwars. A silly arithmetical error leads to a grave travesty of justice. In all the cases the judge goes unpunished and the victim suffers. An end is to be found.

On Oct 10, 2017 14:02, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 Politicians already control the bureaucracy. Appointment of judiciary by bureaucracy and by politicians will give absolute power to the politicians, who are at the top of corruption tower. At present it is the judiciary only which has checks on the unjust and discriminatory decisions of bureaucracy and politicians. Already legislatures have been acting and passing resolutions to delegate more and more power and privileges for themselves.


From: Supratim Basu <xsupratim@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Tuesday, 10 October 2017 12:55 PM

Dear Mr Rodrigues,

This is one area where I completely disagree - the judiciary, unconstitutionally, seized the powers of appointments and transfers to itself, and completely upended the checks and balances of our constitution. If the Executive, Legislature and Judiciary are the three arms of our Republican, Consitutional democracy, then one arm can not say that it is not subject to any checks and balances of the other arms.

The executive should and must have the right to appoint/suggest/select judges to the HC and Supreme Court, which should then be ratified by the legislature - this is how it works in all modern and civilised countries. And, it is the only way to remove the untrammeled powers that the SC has seized for itself and put itself above all laws and all checks.

It is no secret that the judiciary today is the most corrupt organisation of the country, and that various (most) judges have made millions on the back of poor litigants. It is impossible to actually get justice in India today, in any meaningful time frame. The judiciary has become an incestuous cesspool.

From my perspective, the one single, easy reform that this government should implement - go back to the Jury system in civil and criminal cases in the HCs across the country, and make the SC only a court of appeal on law, not facts. Going back to the Jury system would put us back in the realm of civilised countries, give meaning to justice, hasten up timelines all over, and cut corruption in the judiciary by 90% overnight.



On 8 October 2017 at 07:09, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
It is extremely heartening that the Supreme Court has finally opened up its doors to transparency in matters concerning to judicial appointments. The current Collegium mode is the safest and surest way to preserve the Independence of the Judiciary had it not been reduced to a cabal. The collegium had ended up being a very secret club with the proceedings not being a public record. That veil of secrecy was untenable and had to go.  The collegium system must infact be given a constitutional status with all its deliberations being very transparent and within the purview of public scrutiny.
In the process of judicial appointments the Judiciary must be accountable to the public at large while it should also be totally insulated from political interference whatsoever. Only then will the Judiciary act as a successful defensive wall against the growing excesses and abuse of power by the executive and legislature. 
There is a dire need for the judiciary to look into the aspect of wider accountability of Judges by ensuring that a few black sheep do not blemish the fair image of the entire Judiciary.

Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".

Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues


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