Letters: Fix CJI's tenure | Business Standard Letters

Letters: Fix CJI's tenure | Business Standard Letters

My VIEW:

Continuity
at the top

This refers to T R
Ramaswami’s excellent letter on tenure of CJI (Business Standard, Fix CJI’s
tenure, December 8), which also contains valid grounds for making the
suggestions regarding need for continuity at the top in the apex court. Most of
the ills of the statutory bodies and public sector organisations in India can
be traced back to the Centre’s inept handling of appointments to the boards and
top management positions. Those who plead for privatisation as a cure for all
ills of public sector too refrain from suggesting overhaul of HR management in
government and public sector. The RBI Annual Report 2014-15 brings out several
constraints including those affecting personnel management.

The solution for problems
raised by Ramaswami lies in having a rational and pragmatic policy for a
succession plans across government and government-owned organisations including
judiciary and RBI, which , besides factoring in eligibility criteria and skill
requirements should take into account:

(i)              
The
need to allow extended periods beyond the present retirement age so that any
appointee is able to continue at the post for a minimum of 5 years. For the
purpose changes in the present retirement age may be necessary. The retirement
age in India has not been revised upwards for a long time for various reasons.

(ii)            
To
make succession smooth, empanel prospective candidates sufficiently early and
allow her/him to join six weeks to six months in advance of the retirement of
the person whom s/he will succeed.

(iii)          
Make  those appointed as CMDs/CEOs and other positions
like Chief Justice and CAG ineligible for appointment to positions eligible for
remuneration for a minimum period of 2 years post-retirement. Compensating them
with some allowance in addition to pension during this period could be
considered. This will disincetivise efforts to use the last one or two years of
service to improve one’s CV for the post-retirement assignment one is dreaming
about.

(iv)          
GOI
should also think in terms of creating a Talent Pool, or at least a database by
drawing candidates from public and private sectors from which candidates can be
short-listed for considering for appointment to various top positions.

All
these will take time. As an interim measure, the following measures should be thought of:

(i)              
Involving
UPSC and the concerned ministries and organisations, prepare panels of eligible
candidates for consideration for appointments against vacancies arising during
the next couple of years.

(ii)            
Get
preliminary clearances from agencies like vigilance and the present employers
of candidates, well in advance.

(iii)          
Allow
retiring incumbents to remain in position, till new appointments are made.

(iv)          
Consciously
avoid giving ‘additional’ charge to ‘yours obediently’ officers.

(v)            
Give
weightage to professional competence and integrity over amenability.

M G Warrier, Mumbai