Thursday, October 31, 2013

Supreme Court Judgement-Supreme Court suggests sweeping reforms in functioning of Bureaucracy

Supreme Court suggests sweeping reforms in functioning of Bureaucracy

The Supreme Court has asked the Centre, States and Union Territories to issue directions for providing fixed tenure to civil servants.

The apex court also said Civil Services Board to be constituted at the Centre and State-levels. Suggesting sweeping reforms in the functioning of bureaucracy, a bench headed by Justice K S Radhakrishnan said Parliament must enact a law to regulate postings, transfers and disciplinary action against bureaucrats. 

Holding that much of the deterioration in bureaucracy is because of political interference, it said that civil servants should not act on verbal orders given by political executives and all actions must be taken by them on the basis of written communication.

The bench also comprising justice P C Ghose said giving a fixed minimum tenure to a civil servant will not only promote professionalism and efficiency, but also good governance.

The apex court passed the verdict on a PIL filed by 83 retired bureaucrats including former Cabinet Secretary T S R Subramanian seeking its directions for insulating bureaucracy from political interference.

The petitioners also include former Indian Ambassador to the US Abid Hussain, former Chief Election Commissioner N Gopalaswami, former Election Commissioner T S Krishna Murthy, former IPS officer Ved Prakash Marwah, and former CBI directors Joginder Singh and D R Kaarthikeyan. Former Cabinet Secretary T S R Subramanian said, this is a landmark judgement. Public servants are not private servants.

Former Election Commissioner T S Krishna Murthy lauded the verdict, saying Good governance is critical to good quality democracy.

The over 4,700-member strong Indian Administrative Service, IAS officers' association has welcomed the Supreme Court verdict saying it will help in ensuring good governance.

IAS officers' association secretary Sanjay R Bhoos Reddy said, it will help in good governance across the country. He said, it is necessary that the judgement not only gets implemented in letter but in spirit also. The association of Indian Forest Service also supported the apex court verdict.


Supreme Court Judgement-Apex Court rules that Municipal Councilors are public servants

Apex Court rules that Municipal Councilors are public servants and can be tried under Prevention of Corruption Act.

            In another significant ruling, Supreme Court said Municipal Councillors come under the category of public servants and they can be prosecuted for their corrupt activities under the Prevention of Corruption, PC Act. The court said, the PC Act, 1988 envisages widening of the scope of the definition of the expression "public servant" and it was brought in force to purify public administration.

            A Bench of Justices C K Prasad and J S Khehar was deciding an appeal by Manish Trivedi who as a Municipal Councillor from Banswara in Rajasthan and a member of the Municipal Board in 2000, was accused of taking bribe and named in a charge sheet under the PC Act.