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Showing posts with the label discretion-based power

The powers are not properly balanced in India.

AAP is the only political party which is wanting to create a COMPLETELY INDEPENDENT(=free from all forms of political control) INSTITUTION which may help balance all the powers that the politicians in India have already mustered up. Presently there is NOT A SINGLE independent(=completely free of politicians collective will) institution which India has. Consider the amount of contraints which every Institution in India has -from the rank fo President of India (appointed by a collegiate of politicians) , to the CAG (eventually chosen by minister who are nothing but politicians), the Election Commission (nominated by minister politician to the president) , the members and chairman of UPSC (ministerial nomination) , the chief justice of Supreme Court (3 out of 5 members are representative of politicians' interest!!) Compare and Contrast this to the power balancing mechanism exercised in the UK - the monarchy is independent of the Parliament The US - the Federal Reserve(not the Fedr...

बिगड़ती प्रजातान्त्रिक व्यवस्था का उपचार - शक्तियों का संतुलन

     भारत में प्रयक्ष या अप्रत्यक्ष रूप में हर जगह राजनीतिज्ञ ही नियंत्रण करते हैं| कभी यह तंत्र हमे धोखा देने के लिए 'नेता-विपक्ष' और 'नेता-सदन' नाम के दो अलग-अलग से प्रतीत होते व्यक्तियों का ज़िक्र कर देता है , कभी एक 'संसदीय-दल' का नामकरण कर लेता है -- मगर असल प्रकृति में रहेता एक ही है -- चुनावी प्रक्रिया से आया वह अयोग्य व्यक्ति जो की मात्र अंधभक्ति से प्राप्त लोकप्रियता से सब नागरिकों और संस्थाओं पर नियंत्रण करे हुआ है |    संविधान के निर्माताओं ने यहाँ पर एक बहोत बड़ी भूल कर दी लगती है | आयरलैंड और अमरीका के संविधान से अनुकृत हमारे संविधान ने लोकतंत्र के ठीक वही पेंच गायब कर दिए है और एक भ्रमकारी, आभासीय प्रतिस्थानक लगा दिया है जिससे के प्रजातंत्र एक मुर्ख-तंत्र में परिवर्तित हो जाए |     हम में से अधिकाँश व्यक्ति हमारे भारतीय प्रजातंत्र की कमियों को महसूस करते है --और इसका दोषी हमारी अंधभक्त, अल्प-शिक्षित जनसँख्या को मानते है | मगर एक अनभ्यस्त तर्क में समझे तो पता चलेगा की प्रजातंत्र का निर्माण ही अशिक्षा और गरीबी को मिटाने के लिए हुआ था ! यान...

Discretion and the 'change which we seek'

Let us do some dissection of the Bharti-SHO scuffle to know what all went, and against the ideal way of doing things.       To start, let us create a simple analogy which we will use later to help simplify and understand the event.    Consider a police checkpoint where a lots of people are passing by. The police stops a few people to check their passes and catches hold of one person without a proper document (e.g. His bike registration/driving license.). This man argues with the police on being caught and makes a certain allegations on them. 1) He accuses the police of being biased against him because a lot many people had slipped through the checkpoint whom he knew didn't have the proper documents either, but were not checked by the police. Can his argument be held valid- that the police acted biased targeting him in particular, for the reason that many had slipped through the checkpoint? The law courts have generally disregarded such argument thereby up...

Rethinking : Discretion versus Decision-making

(refer previous blog: Difference between Discretion and Decision-making ) On a re-thinking about Discretion -Versus- Decision-making, Discretion is something which allows space for person taste of the leader to play bigger role in the proceeding. In dictionary, Discretion is described as "Good Judgments". However , in management/administrative theories the area of interest of 'Good Judgements' grows outward to enquire the "how?" , the methodology of making a 'Good Judgements'. Management/administrative theories therefore proceed to create distinctions between Decision-making and Discretion. Discretion, here, is differed by a factor of 'personal taste' from Decision-making. Decision-making is about picking the best choice from various options being explored; Discretion is about acting solely by 'Personal Taste'. Therefore the term 'Discretionary Power' stands separate from the ordinary power of decision-making which is an ele...

How the treatment of consequences of Discretion differs from treatment of Decision-making

The power of Discretion is most certainly to be differed from the duty to make judicious decisions.        Dictionary defines Discretion as 'making a judicious choice'. However, in law, whether the choice is judicious or not becomes a matter of intense debate, which enforces law and management to create distinction between Decision-making and Discretion.       Every man born has a discretion available to him. Shakespeare tells us that a man is a slave because he has so chosen to be. He can always liberate himself by taking his own life. Thus a most fundamental discretion to commit suicide exist with everyone.      Other times ,people in authority have discretion, desired and undesired, to pick people 'at random' from the lot for exercise of authority. A policeman on duty has discretion on whom to pick when a number of people are in violation of speed limit law. No judge, no person can argue with him , 'why did you pick me only for ove...

The mail inwards department: the stepping stone to clean governance

So, if Discretion is the founding stone of a corrupt society, what do you do to resolve the problem of Discretionary decision making ? ANSWER : ESTABLISH A MAIL INWARD DEPARTMENT TO ACCEPT ALL INWARD MAILS. How does a mail inwards department help in setting the stage for a corruption free governance? The problem of Discretion has a positive aspect too, which will bear the truth that Discretion is sometimes so much unavoidable in our day today functioning. Discretion has to be applied to filter a genuine complain from a scrupulous complain. But the necessity should not make it confusing to say that Discretionary Power can remain unaccounted. And that is what the Mail Inward Department does. It's job is to collect all the Inward mails, which are also likely to contain the mails of Grievances and  Complains, without any discretion of what mails to be accepted and what all can be avoided. Hence all the mails are ensured for being reached to the already established of...

Difference between Discretion and Decision making

Discretion and Decision-making are not the same things. To understand the difference, take the example of a Person 'A' who is planning to go to a party. He has three apparells of three colours. The choice of colour that 'A' has to make from those three apparells is the Decision-making. But his prerogative to go to a party altogether or to not to go, is his Discretion. In Discretions, he by-passes the need for a decision-making from the limited choice of the three colours apparells completely. 'A' may also exercise Discretion to be in clothes or without clothing, thereof avoiding the decision-making, although that will not be socially acceptable, unless ofcourse he is going to a nudist club party. There is always a little bit Discretion in every decision-making a person has to do. One can always exercise Discretions in such a way to avoid arriving at the cross-roads of decision-making. A police man can decide on the acceptability of your driving liscence after l...

My thoughts on the Discretionary Powers conferred on shipmasters by SOLAS

Reference the link/post below : http://anujvelu.blogspot.com/2010/01/ais-internet-interfacing-dangers.html#links Hello Sir . So, a nice self-examining post. The risk assessment for a new, upcoming event, huh? Anyways, to help matters, let me just cross it a little bit, and that would also make the exercise a little more interesting,:- It seems to me that the theories on Security systems and policing are based on the lines that an innocent man has nothing to fear and therefore nothing to hide.Infact it is as much possible and easy, a child's play, to create scenarios whereby not having an open system AIS-system could also be shown to be leading to incidents.Yes, anyone can do that. But as i say the premise of secuirty and therefore the allied businesses in today's world is coming from the point - nothing-to-fear-and-hide, and thus the transperency demand; opacity is being dispensed away with, unless it can be sufficiently proven that opacity is severly needed to help the matters...