________________nithin_pb@yahoo.in________________
Glad that Shri RK Viswanathan has commented on my
article. In fact I didn’t mean to write
a lengthy note on Shri RB Kishore’s article.
I just wanted to make a mention of the article in my column which the
Editor is publishing with title “Nithin’s Time For Review”. It so happened that
while preparing the comments, it accidently got out of the normal size of brief
comments which I used to mention about articles published. So wisdom dawned on me and I sent the comments to the Editor with title “Between the lines”.
1. I do not know much about Justice Rangarajan but surely
Justice VR Krishna Iyer could be mentioned as an authority in arguments before
the SC. My comments in lighter vein were
about High Court judges their judgements
and remarks. The analogy was used about mentioning in SC what HC judges said. Thereby I meant that we should take arguments one step up and quote
Judges and judgments at the Supreme Court level. Or even one further step up to the constituent
assembly, national and international concept of pension, etc. Idea was to request Shri Kishore to strengthen the arguments taking it to a higher
plane.
2. “The Supreme Court shall order UOI to
frame guidelines to the Government undertaking so that their Boards could
undertake decisions without Govt. interference was a de facto power given to
LIC when the statutory corporation was born….. the power was usurped….”, writes Shri RK Viswanathan. This was
something which I had in my mind while writing my notes. The idea was that we should argue, the government should frame National Policy
guidelines for the government undertakings.
These undertakings will be functioning within their powers if the guidelines are framed and approved by the SC. As long as the guidelines are not disturbed, these undertakings will have powers and the government cannot interfere. I wanted that we should sell this idea.
But I am sure, government may not agree for
the fear that they will lose the ‘stick’ in their hands and a Government Secretary or Under-Secretary can no longer rule the Corporation. If the point is well
delivered and accepted by the SC, atleast the Corporation will be free from a
lot of botheration.
3. Well, coming to National Litigation policy, less said the
better. In LIC we too used to speak of
our guiding principles. Once in the late
Eightees I think I quoted some such principles while writing a letter to
Central Office and the person who must have read the letter might have thrown it to the nearest waste paper basket. These principles
are there. Beyond that I do not wish to
say anything.
To sum up, the whole idea of writing certain comments was
to provoke people to come out with their dissenting notes. Towards that end, all of us have done our
humble contributions. If more and more
people come forward and express their views and ideas, my simple and humble
intention of having a fruitful discussion will surely yield fruition.
And my thanks to Shri Viswanathan, for he has come forward with his valued remarks!
And my thanks to Shri Viswanathan, for he has come forward with his valued remarks!