An Open Letter to Ex CJI Dhananjay Y Chandrachud -Rev

 

Maharishi Dhananjay,

 

Your speaking appearances in national and international media have been delayering the Indian judicial administration, judiciary, and the idea of Justice itself. This is true Vaanprastha Dharma. *Thank you, for these “peeling of the onion’ kind of expositions: the onion that is Indian Judicial administration.

 

A Dot: Your insightful description of a court room being an arena of ‘intense contestations’ of ideas, legal positions, cultures, and philosophies is Maharishi like: The judges must be seen to be operating within the bounds of the Law for the contestants, while determining a way forward’ for the society at large. *I dare say, this must hold good for a very low proportion* of cases: Of the 80,000 cases pending at SC, in 2025, a mere 50 are Constitutional Bench (CB) cases with 500 related cases that will need intense debates. ------------------------------------------------- An Indian Whisper: Some of the CB cases are pending for decades.

 

A Managers’ Musings: The “clash of ideas’, alone and by itself, I dare say has been at the root of the dominant status that Homo Sapiens could achieve on this earth: The Nature. *The Clash of Ideas have lit the path of progress of Humanity in all spheres of “Living & Becoming.’ The useful and benign form of the Clash is ‘discussions and debates.’ *The Clash also generates friction and heat; that if crosses tolerance levels galvanize the powerful to have people/ mango men/ “We the People”, kill.

 

And: The role of Governance Systems is to create a ‘balance’, craft a wide avenue with adequate guard rails for “we the people’ to live out a pleasant journey of life- safely. *Judicial System and Administration is but one part of the governance system.

 

A Dot: Wheeling back, there is also an ‘intense contestations’ between the judges that is reflected in not-always unanimous judgements by benches of higher courts.   *Consider the razor thin margin of 7:6 in the “historic Keshwanand Bharti case” of 1973, that is said to have secured for the citizens “fundamental rights’, by propounding the so called “basic structure doctrine’ of the Constitution.

 

A Few Dots: The differing views of the dissenting 6 judges do have strong resonance within the larger society, that have simmered for much of the life of this republic. *Our pugnacious VP Jagdeep Dhankhar, a legal luminary himself, averred that “The Supreme Court judgment in the Keshwanand Bharti case was a bad precedence. I don’t subscribe to that.” (Times of India – 11th Jan 2023) *He rued the “severe compromise” of parliamentary sovereignty and disregard of the “mandate of the people”: the Parliament, being the custodian of the “ordainment of the people.” (Ind Express – Jan 12th 2023)

 

And: Even an Ex CJI, Rajan Gogoi, now a Rajya Sabha member attacked the “basic structure doctrine” as it is on “very debatable jurisprudential basis.”     (The Hindu – 7th Aug 2023) ------------------------------------------------------------- An Indian Whisper: Powerful voices have been making a din of noises to drown out the Waqf Bill Protests.

 

A Manager’ Musings: The “ordainments of the people” also called “people’ will’ is expressed thru the “People Representatives’ who in turn are corralled into “Political Parties’ (An extra constitutional governance structure). *The party bosses then control and bend the PRs to the ‘will of the few’ thru money, favors and whips.

 

And a Rant: It’s unthinkable that the Constituent Assembly was unaware of the pivotal role Political Parties will have in Democratic Governance. *The CA did not work out a “Code of Conduct’ for political parties*, or MPs and MLAs/MLCs: their accountability. (The King is above the law?)

 

And another rant: The Political Classes succeeded in circumscribing the “Fundamental Rights’ of Citizens by the 42nd (1976) and 86th amendment (2002) to the constitution, by specifying “Fundamental Duties”: 7 Rights vs 11 Responsibilities. BUT: No one ever set up a committee or ask the Law Commissions (of doubtful utility) to define the “Responsibilities of Legislators, Politicians and Political Parties”. (The King IS definitely above the law!)

 

Another Rant: *The CA espoused the “Separation of Powers’ and built-in “checks and balances” between the 3 organs of the State, but ended up conflating the Executive with the “Government”. *The Government which comprises three ‘Separate’ organs of the State, with four Constitutional Bodies and the Head of State providing “Checks & Balances.’ (Media, now seen as the Fourth Pillar of Democracy, was in its infancy back in 1946-49.)

 

A Critical Dot: And we are hurtling back to square one – the world before 1790’s – before Bastilles (in most jurisdictions, the world over).

 

A Manager’ Musings: The Denizens of 3 Organs of the State and the Fourth pillar are mostly busy talking at and with each other.    *The State’s – Centre plus States – tax collections have ranged ~17% of GDP over the last 30 years. *’We the People” are largely left to our own devises to work with the rest of 83% of GDP: Consuming, Saving and Investing: And do the heavy lifting of growing the economy. *The Governance System takes credit and goes home with clear conscious to enjoy their part of the 17% less Government investments. (Cynical view?)

 

A Manager’ Ruminations: The declaratory KB judgement notwithstanding, the “Executive’ has over the years with 125 amendments, managed to emasculate the Head of State. *Used its Powers of “saam daam dand bhed’ to overpower legislatures, Judiciary, and constitutional bodies, including the fourth pillar.

*The current state of affairs as illustrated in my book.

But: The courts rooms are seen as temples of justice -Nyaya Mandir, by citizens who are wronged and battered beyond a threshold, and approach the ‘mai baap’ with folded hands to seek succor. ------------------------ An Indian Whisper: “Higher level ‘ideas’ for contestation may be crafted by the lawyers: over 20 lakh enterprising lawyers are always on the look-out.

 

On Judicial Administration: There is very little value-add in repeating – 5 crore pending cases, 80% under-trials languishing for years, tareekh par tareekh etc. *Only about 5% of the disputes and disputants approach the courts, to get into prolonged and ‘Intense’ contest given their substantial social, economic and political powers. (The Annual “Access to Justice Surveys by Daksh)

 

Citizens’ Wish: Citizens# expressed a reasonable wish to Daksh that their disputes be resolved “Within a year and @ cost of ₹25,000”. (A Sovereign directive?)

 

Factory Resets: It took me eight long years to craft the Structure, Systems and Processes of Democratic Governance; and provide adequate incentives for the ‘Elected & Selected’ functionaries who are assigned to operate the wheels of “Governance’- as a manager would.   * The resulting document was published as “Factory Resets of Governance Rules” – Democracy FOR the People, in Sept 2023. *It is a business plan for all the Four Pillars and for grooming of Democratic Citizens. *It ensures that the Judicial Administration can carry out the above mandate from the citizens, with NO Cost to the exchequer: there being No Free Lunch.

 

An Insight: During the same interview with Barkha Dutt, you also shared an insight that “Oral submissions” are a core problem. *In my Resets All Litigants submit their complaint in writing at their Panchayat and if no satisfactory award is arrived at, the same file moves up the chain, to Taluka Courts, District Courts, High Courts and Supreme Court as needed. *The file come back down to the originating Panchayat, once an executable award /judgment is achieved at any court in the linear chain. *The Judicial Administration has been reset using the principles of “Lean Management, and Queuing Theory.

 

And: The cause remains a ‘single case’ to be considered holistically by the Judges till a holistic executable judgement/ award is arrived at. Some Trivia: * It might amuse you to review the Shilpa- Richard Gere case of 2007: probably still on in parts after 2020 judgement by a Magistrate in Mumbai. *The Telephone Exchange case against Dayanidhi Maran, the Telecom Minister then, (-2004 -2007): Please note its furious movements and multiple listings up and down the judicial ladder – trial courts to SC and back.

 

Your Rumination: (CJI) Justice Dhananjaya Y. Chandrachud said, "As my tenure comes to an end, my mind is heavily preoccupied with fears and anxieties about the future and the past. I find myself pondering: Did I achieve everything I set out to do? How will history judge my tenure? Could I have done things differently? What legacy will I leave for future generations of judges and legal professionals? (The Mint?)

 

A Qutub View: Daksh surveys over many years estimate that about 75% of the dispute don’t, can’t or won’t go to formal courts. *Extrapolating this educated estimate would yield almost 20 Crore cases/ disputes per annum do not seek “Justice’ from your governance structure.  *Crores of Indians just lump it, rendering the Courts ‘useless’ to us.

 

A Dot: ‘Administration’ being the operative part of Judicial Administration, lets focus on the ‘remediable injustices’ committed to the common man; “We the People”: that are 85% of the justiciable causes. *Maharishi Amartya Sen, while reflecting on Justice came down to imploring every judicial organisation to deliver on ‘remediable injustices’ at the very least; efficiently and effectively.

 

A Few Suggestions:

One: Start the process of dismantling the appellate powers of the Supreme Court, and ensure that it restricts itself to the “Original Jurisdiction”  *That will create grounds for empowering and restoring the respect for the lower judiciary. *Modify the Art 133 and other relevant articles to devolve judicial powers and a few administrative powers to Panchayats. -------------------------------------------- An Indian Whisper: The Factory Resets – the Business Plan for Governance have a proposed a salary of ₹4.5 Cr per annum for SC Judges: comparable to the Central Ministers. This is Cost to Government (CTG) -Taxable as per rules applicable to all Indians. *This should then make it possible to attract the best possible talent to the Courts and improve the robustness of judicial administration: And also, to Politics and governance.

 

Critically: Create a robust governance framework for “Executing” the awards, judgements, and orders of Courts within the declared timeframe, to ensure effective ‘closure’.

 

A way Forward: May I suggest groups of young thinking lawyers, at every court from Panchayats to SC, are guided and mentored by the Legal Maharishi like yourself: To lobby with their local Panches, MLAs, MLCs MPs and officials to nudge them to ensure, i) – Every Indian Child gets quality education and skills training up to age 14 ii) Every Panchayat area has adequate health facilities, iii) Every unskilled worker gets “Lokhande Wages”!* and the primary goods producers get “Kurien Price.’ --------------------------------------------------------------------------_ An Author’ Whisper !* These are detailed in the Book – Factory Resets of Governance Rules’

 

On Democratic Governance

A Manager’ Take: The Constitution with its patchwork of amendments is just the Code of Conduct for the Institutions created under it. The CA devised it with due diligence, love and care. *Their ‘imagination however was enveloped by the ecosystem of 1946-1949. *The world has since changed at revolutionary speed that bewilders the evolutionary mind-set of humans. *In this interim, however the humanity has developed Management Sciences and added very substantially to its ‘accumulated knowledge.’

 

A Big Thunk: I daresay that there can be no other purpose of Governance but to provide a cover for the “last man standing’ to experience a pleasant journey of life.’ (Mahatma Gandhi’ Antodaya) *The Humanimals sought the security of living in a community about 10,000 years ago, and subjected themselves to, and helped prepare a code of conduct of that community.  *This, then has to be the Basic Structure of Governance.

 

And: The “Basic Structure of Governance” has been adequately even admirably distilled into the Preamble to our constitution. *The Constitution, and all Governance Structures created there under: The Head of State, the three Organs of the State; All institutions: their Structure Systems and Processes be underpinned by this Basic Structure of Governance. -------------- An Indian Whisper: I can proudly assert that none of 200 odd Constitutions in current use the world over comes close.

 

On Law Making: Every Lok Sabha since the 1950’ has made 300 additional Laws on average during its full term of five years. *The “Accumulated Legal Verbiage” has impressively overloaded the dauntingly huge book shelves of legal offices. *It has besides, confounded the ‘state actors’ so much that the PM formed a committee of Secretaries in 2015/16, who promptly recommended deletion of about 50% of the Union Laws; overlapping State Laws not yet counted. (Eventually 25% were deleted).

 

A Dot: Ravi Shankar Prasad, our Minister of Law & Justice (2016-2021) once opined that “Laws create hard lines for the society which may be crossed at the risk of punitive action.” And:  K V Subramanian, our CEA (2018-2021) once stated that Laws and Regulation should be made for 95% of citizens: An obvious reference to Normal Distribution or Bell Curve.

 

A Proposal: The “Factory Resets….” has reset the process of Law Making: proposer to concerned ministry to a Permanent Parliamentary Committee (PPC) overseeing that ministry: to Lok Sabha: debated under three “Speakers” from three groups: The Treasury, the Opposition and Neutrals, who rotate on monthly basis: That then ensures robustness of the Laws. ------------------------- (An Indian Whisper: There have been instances of Laws being changed to allow the ships to enter, clear goods at favorable Duty Rates: which then are reversed once the brouhaha starts) Mr Trump is acting in the similar vein ….

 

A Concept Note: It should be possible for the proposers to explain the context with data that necessitates the consideration of the proposed measure: Its effect on the 2/3rd of the citizens -who just seek to maintain- effects on people beyond two sigma limits (27%) who are anxious to improve and the citizens  general: the powerful 5% -beyond three sigma who are always itching for ‘breakthroughs.’   *And if the measure is made into Law, the measurable outcomes within a timeframe must be projected *The regularity and methodologies of measurements with course corrections may be specified.    *The PPC consisting of 21 members drawn from the three groups in proportion to their Lok+ Rajya Sabha strength will review, modify, and perfect before presenting it the Sabha. ---------------------------------- An Indian Whisper: Complicated? But look where the simplicity got us! And the ‘elected/ selected’ who are crème de la cream of our society must be tested to the limits. We the People’ are paying them in Crores, while 85 Crores of us line up for our monthly doles/ rations.

 

A Pivotal Reorg: If we are serious about ‘Good Governance”, then the jurisdictional areas of Police, Courts, Administration and political constituencies must be ‘same’: These are called P’Terroir, J’Terroir and G’Terroir and Admin terroir, in my book.

 

My Vanaprastha Dharma: A project to send out 3000 copies of “Factory Resets of Governance Rules- Democracy FOR the People, to influencers in many fields of endeavour in India that is Bharat, is underway since Nov 2024.

 

Jai Ho,

Vinod K Dhall

Vanprasthi CXO

Author: Factory Resets of Governance – Democracy FOR the People

YouTube Channel : Living, Becoming & Democracy

 

 

Few Quotes *“The generality of law falters before the specifics of life” -Aristotle   *“….if we interpret the Constitution from the angle of the Constitution makers we may arrive at a completely outdated and unrealistic view.”   *“For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.

 

A Dot: The handwritten Constitutional Draft, provided by the Drafting Committee, was signed on January 24, 1950, and became law on January 26, 1950. *The Indian Constitution, which is regarded as the world’s longest, consists of a Preamble, 25 Parts, 12 Schedules, 448 Articles, and 101 Amendments to date. *It contained just 385 articles in 22 parts and 8 schedules when it was first written. *The Indian Constitution was based on several constitutions from other countries, and it took 2 years, 11 months, and 18 days to complete the highest law of the land.

My VLog - Living Becoming & Democracy

 I have today uploaded my first Vlog post the publication of my Book 

"Factory Resets of Governance Rules" - Democracy FOR the People 

Many insights - the smallest unit of Insight is a truth - albeit YOUR Truth were developed since then . I decided to share these insights with society at large thru a Vlog - Living Becoming & Democracy. 

The first Vlog is scheduled to go live on 11th Feb 2025 at 12 noon. 

The Link : https://youtu.be/xVTW5m0H7UU  

  

An Open Letter to Mallika Sarabhai

 Saw your ‘all hearts’ interview with Sujit Nair (https://www.youtube.com/watch?v=hPWQhi1XaRM).

Our generation, including Narendra Bhai which is in its 70’s has had a tumultuous roller coaster ride, rising from the ashes so to speak along with India. And most of us who left IIMA, half a century ago have lived an exciting and satisfying life. Your tears of helplessness that flowed unabashedly are unexpected from the Mallika of 74-76; an impossibly attractive and entitled woman who was from another ‘galaxy’. These tears reflect a few expected disappointments in an otherwise fulfilling life.    

Your disappointments are magnified by the callous attitude and aggressive behaviour of “People’ Representatives’ post 2002. It is unfortunate that our PRs, once elected promptly mortgage their rights and responsibilities to the Political Parties for a few bucks (in Crores): Party bosses while professing to be Sewak of “We the People” never hesitate to orchestrate events like 1975 (emergency), 1984 (Sikh riots), 1990 (Mandal) 1992-93 (Babri Masjid), 2002 (Godhra), 2012 (Anti-Corruption), 2015 (Akhlaq), 2016 (DeMo), 2019 (Pulwama), 2023 (Nuh). These are part of the continuous ‘wars’ that our ‘democratic monarchs’ are engaged in. They may not use guns and bombs against each other; the cannon fodder remains the same, i.e. We the People.   

All governance rules, codes and constitutions, in all cultures and under various ‘isms’ have been developed and operated by wo/men in Power, driven by the underlying concern to ‘control’ the ‘pagans. And ‘we the people’ have allowed these worthies to even staddle our social, religious and cultural lives, way beyond the legitimate role in providing security- internal and external, and making policy choices for the economy.   

Having ensured economic security after a lifetime of managing Commercial enterprises, one had time to look up: And mind space to deeply study the issues in our social and public spaces. Could the basic management tools of “Structures Systems and Processes” and ‘incentives’ be used to devise Good Governance Practices- the political GMP?

It must be noted that the economy is a hard place and its political and commercial management require ‘nerves of steel’: Ethics and morality may operate at the margin. 

Being mindful of the constitutional principles of ‘checks and balance’ and separation of powers, “Factory Resets’ have been crafted to, i) create equal opportunities for Capacity Building – of living and being, ii) equality of opportunity to be ‘elected’ and ‘selected’, and iii) be able to work with adequate degrees of freedom’ in institutions that are in turn committed to work on their intended/ constitutional purpose using “GGP’, iv) be handsomely paid and above all v) be recognised and applauded for ‘good’ outcomes, as envisioned in the Preamble.   

Probably it is a first attempt by a member of “We the People '', the sovereign in a democracy, at writing the “Governance Rules’. The tapasya of eight long years by this Vaanprasthi ‘baniya’ was published in November 2023 – “Factory Reset of Governance Rules' ' – Democracy FOR the People.

This Business Plan for democratic governance also saves substantial sums for the 'Bhartiya Lok Nidhi’, while ensuring ‘good bang for the buck’ for “we the people".   

I propose to devote my resources and the next eight years, most of the rest of life, to push the “Resets”, the “implementation prescriptions’, to the center stage.

May I request (shamelessly) that you and Sujit pick up a copy online, review it for a way larger audience that you command. Gee, the thought of honoring your tears has turned out to be a lengthy diatribe that took three days to ‘sculpt’!