The ball is rolling now..

I had all these discussions on things not working and what not and then they got lost in nothingness. That’s no way. Action must follow reasoning. Reasoning’s useless otherwise.

The broad question of system not working had to be boiled down to simple queries that can be answered in writing and in black and white. The analysis can get too vague and therefore what is subjective had to be ruled out immediately.

This approach led to 3 specific questions at the end of a long and deep research and shared in some form in the video added to this site.

The first being, “How can the court itself violate the constitution?”. This question is still too vague. But I am not boiling it down further to a specific question simply because the court has already answered in few judgments that in “interest of justice” it has the power to overlook the provisions of the constitution. So there’s a full stop here on this first question for now.

I have always known that roads to disasters are paved with good intentions. In our case, roads to disaster of India could be paved by good intentions of the courts.

The second question being, “How can the election commission of India toss a coin as a judge to resolve dispute between two small or new parties?” This question also needs simplifying. I know for a lot of people this question is simple enough to be understood by even the dumbest and that the bias against hopeful starts by election commission is clear.

But election commission, who is answerable to no one, can easily brush it off that they are judges only for big parties while being only administrators for those hopeful starts. I might need a little help here in making the question 2 simpler therefore.

The third question being, “Who is the competent authority to appoint the Cabinet Secretary?” This question is the summation and culmination where all this analysis converges. I could give up following up on question number 1 and question number 2 just for the sake of this question. This is most specific I can get and hits right at the heart of the reason of all the nonsense happening in this country. Its cold logic meeting the practically invincible jugaad and chalta hai mentality of India.

When I’ll fight on the side of this question the politician or their mandarins will come up with all the jugaad to avoid giving a specific answer. When, and its not if, I do escalate it to the relevant persons or the court maybe, they will give me the chalta hai, ismein dikkat kya hai dialogue.

I have already acted anyway.

An RTI was filed at Cabinet Secretary office asking this 3^rd question specifically on 7^th June. I had also filed a similar RTI with Department of Personnel and Training(DoPT), earlier on 18^th May as well.

Those sarkari people over there while accepting the RTI said that why are you filing an application for asking a GK question because everyone knows that Prime Minister appoints the Cabinet Secretary. I had to tell the bumheads that no minister, including the Prime Minister has the power to appoint any sarkari officer. So they then asked each other, who does it? I said I know but I would want your department to tell me who is it.

These questions may look innocuous but have the greatest potential. Even the officials in the highest government office are a little lost about it.

Watch this space.

Here's the clue to the solving the corruption problem, mathematically

A few blogs ago, I had posted an open treat for hungry folks who could answer my 3 specific and defined questions on the system being followed.

People tried but no one gave a verifiable answer. Answers were given in the comments. My erudite dost Abhishek Singhal came close I think though.

I had a clear suspicion of poor mathematical(almost) logic lurking somewhere. Since constitution is logically ok. That is, it does not give an individual minister any power at all. It gives power to Cabinet only.

Even the cabinet is not capable of using its power without formal approval of sarkari officers or the President. So there was no way by which an individual minister can get any power without support, and not submission, from the sarkari officer or the President.

Since power breeds corruption, therefore logically, individual minister could not have gotten so much power to be so much corrupt in India.

That is why I had posted those questions in that blog.

Having spent days in the Central Secretariat Library at Shastri Bhavan , hunting in the Gazettes of India, I fished out what I was looking for i.e. the method, by which ministers get to tower over the sarkari officers, and get their submission without the need of getting their support.

Obviously, as expected from above mentioned inferences and assumptions, it was illogical.

Here is the excerpt of one such order from the Gazette of India

Gazette of Indian Govt

Saturday: Oct 4 - Oct 10, 2008 ( Asvina 12, 1930)

Part 1- Sec II

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, 19th September 2008

No A-32013/7/2008 - Ad.(I)(G) The President is pleased to appoint Shri Rahul Sarin, IAS(JH:74), as Secretary, Department of Personnel and Training (Ministry of Personnel, Public Grievances and Pensions) with effect from the afternoon of 13 September 2008 until further orders.

Signed by

Harish Chander

(Under Secretary)

Now, you won't probably see anything wrong with such an order to start with. In fact, even government officials do not see anything wrong with such an order when they see it, since it based on clear and open rules which anybody can inspect.

But the question is : Do you see it? You are the free mind. You are not bound by the rules and definitely not your mind. Can you fly? Higher than the government officials and see a larger picture here?

Not holding anything against Rahul Sarin or Harish Chander. I am sure they are great chaps.They have just followed the rules. There are other orders similar to this I am sure in other persons' names.

The process is in question here. Not the persons.

A mathematical eye should definetely notice , in the first place, that this order for appointment of a Secretary has been signed by an Under Secretary of the same department, who is actually lower in rank and reports into the same senior whom he is appointing.

The mathematican with constitution in his hand, should further be able to predict similar illogical process emnating from this one.

For example, that this poor application of logic, likely happens in only this department of all the babudom in India. You know why? Because it is this department which does transfers and appointments of all the sarkari officers.

Multiply this illogical process into State levels as well, and you begin to know why corruption is pervasive across India.

Eliminate other countries following similar Parliamentary Westminister system but not following this poor logical process and you'll know why corruption is occuring in our country whereas other countries having similar constitution as ours do not have it.

You have a reason to speak now. And I have a responsibility to show you how you not speaking keeps too much burden on the courts to correct the system.

There are more examples ahead.

Treat for you..

You guys know that I am too much into constitution and its damn logic. These two things together should be able to solve a lot of our own queries about cause of corruption.

So , logically I kind of thought, that there is some major illogical lafda lurking at the way top ministers and bureaucrats work. I mean, c'mon, the constitution does not give powers to individual ministers at all. It gives power to Cabinet only; and that power to the Cabinet is also not formal at all. The formal power still has to vest with President and sarkari officers.

After a lot of fact finding, and crazy research through Transaction of business rules, appointment committee of cabinet process, persmin.nic.in , views from top civil servants I think I got close to this illogical working somewhere.

Basically, whoever amongst you answers these questions of mine and maintains logic(which is basically no round robin should be happening in the answers) gets a treat.

Q1) Which sarkari officer appoints the Secretary(Personnel, Ministry of Personnel) ?

Q2) Which sarkari officer appoints the Special Secretary & Establishment Officer (DoPT, Secretary to ACC) ?

Q3) Which sarkari officer appoints the Cabinet Secretary ?

In case, you think its the President then thats also acceptable as an answer. But ministers or a committee of ministers is not acceptable because they do not have the authority to do so due to article 77 clause 2 of the constitution.

I love this constitution. That combined with pure mathematical logic should be our cure.

And this illogical lafda , if proven such, is discovered right now at center level. I am sure such anomalies are even more prevalent at State level.

Answer this and you have delivered your first medicine for corruption.

(Btw, I have already filed an RTI for the above queries. And those guys were as lost to the logical answer as any outsider.)