Anna has brought issue of corruption to centre stage.His success lies in the fact that every body including corrupt talk of corruption.political class is divided as for as new law for curbing corruption.For many months now we are hearing opinions of politicians and members of 'civil society'.
What is baffling me is that no one talks how can in efficiency of public servants can be addressed. Legally speaking presently inefficiency is not misconduct and ppl in public service can only be removed for misconduct.
Article 311 of constitution in fact guarantees that a public servant is not removed,dismissed or reduced in rank,unless misconduct is proved.Similarly a judge can not be removed except for 'proven misconduct;.If a govt servant through out his carrier is not able to even clear a single file he can not be removed from service.If a judge is not able to decide even a single case in two decades of judgeship,he can not be removed.
In my view ART311 needs to be amended.Similarly ;misconduct far as judges are
are concerned.
Ministers at present can not be removed for inefficiency.A law is required to solve this issue as well.
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Thought provoking !! It is always the good officers who try to do some work who will face criticism. The lack of judicial immunity to the Quasi-judicial officers, coupled with lack of empathy towards long pending issues makes lives miserable for those who follow up cases. In the case of Judiciary as you rightly pointed out, it is terrible to think that judges who lag behind in their duties are immune to any disciplinary action. Somewhere amendments must be made to look into the whole issue...
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