TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Delhi government

    Delhi Government Launches Rainwater Harvesting Initiative in Schools to Boost Water Conservation

    Yogi Adityanath

    Yogi Adityanath thrashes Samajwadi Party Over Temple Donations, Ayodhya and Waqf Issues

    Amaira Meena

    Amaira Meena Case: CCTV Footage Renews Debate on School Bullying and Child Safety

    Narottam Mishra

    Chaos in Datia as supporters of Narottam Mishra Clash with Police Over BJP Ticket Denial

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    10 Things You Can Do on the Boubyan App That Most People Don’t Know About

    10 Things You Can Do on the Boubyan App That Most People Don’t Know About

    Benefits of using a mortgage loan EMI calculator for long-term budget planning

    Benefits of using a mortgage loan EMI calculator for long-term budget planning

    July 1 Policy Reset: LPG Prices Slashed, Aadhaar, Railways, Banking and Passport Rules See Major Changes

    July 1 Policy Reset: LPG Prices Slashed, Aadhaar, Railways, Banking and Passport Rules See Major Changes

    Credit Score and India’s Digital Lending Boom: Why Financial Literacy Can No Longer Be Optional

    Credit Score and India’s Digital Lending Boom: Why Financial Literacy Can No Longer Be Optional

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    From Shipbuilder to Maritime Capability Partner: Navy Outlines Bigger Vision for Defence PSU HSL With Dy Chief of Navy’s visit

    From Shipbuilder to Maritime Capability Partner: Navy Outlines Bigger Vision for Defence PSU HSL With Dy Chief of Navy’s visit

    General Dhiraj Seth’s ‘VIJAY’ Doctrine Signals India’s Next Military Transformation

    General Dhiraj Seth’s ‘VIJAY’ Doctrine Signals India’s Next Military Transformation

    Why the Army is quietly rewriting India’s warfighting doctrine with its first Integrated Battle Groups

    Why the Army is quietly rewriting India’s warfighting doctrine with its first Integrated Battle Groups

    India Officially Names Six Operation Sindoor Martyrs as Their Sacrifice Enters National War Memorial Record

    India Officially Names Six Operation Sindoor Martyrs as Their Sacrifice Enters National War Memorial Record

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Modi-Takaichi Summit Signals India-Japan’s Strategic Pivot Towards a Stronger Indo-Pacific Alliance

    Modi-Takaichi Summit Signals India-Japan’s Strategic Pivot Towards a Stronger Indo-Pacific Alliance

    PoK Leadership Explodes at Islamabad as Khawaja Asif’s Kashmir Remark Sparks Rare Public Break and Identity Showdown

    PoK Leadership Explodes at Islamabad as Khawaja Asif’s Kashmir Remark Sparks Rare Public Break and Identity Showdown

    Canada’s Khalistan Blowback: After 41 Years, Ottawa Finally Admits Canada-Based Khalistani Extremists Blew Up Air India’s Kanishka

    Canada’s Khalistan Blowback: After 41 Years, Ottawa Finally Admits Canada-Based Khalistani Extremists Blew Up Air India’s Kanishka

    From Cells To Networks: NIA Maps Affiliate Terror Structure In JMB–IMK Case, Chargesheets 11 Linked To Northeast Bengal Module

    From Cells To Networks: NIA Maps Affiliate Terror Structure In JMB–IMK Case, Chargesheets 11 Linked To Northeast Bengal Module

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    ‘Not Refugees, But Warriors’: Mohan Bhagwat Seeks to Redefine the Legacy of Partition Migrants

    ‘Not Refugees, But Warriors’: Mohan Bhagwat Seeks to Redefine the Legacy of Partition Migrants

    Why Chennai Is Standing Out in the Growing Map of Franchise Opportunities in India

    Why Chennai Is Standing Out in the Growing Map of Franchise Opportunities in India

    Samvidhan Hatya Diwas: The Emergency That Put India’s Democracy Under Suspension and Still Divides Memory

    Samvidhan Hatya Diwas: The Emergency That Put India’s Democracy Under Suspension and Still Divides Memory

    7 Common GMAT Mistakes That Can Hurt Your ISB MBA Application

    7 Common GMAT Mistakes That Can Hurt Your ISB MBA Application

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The Art of Choosing the Right Cake for Every Occasion

    The Art of Choosing the Right Cake for Every Occasion

    AI VC Investor Risk Model: How Venture Capitalists Evaluate AI Startups

    AI VC Investor Risk Model: How Venture Capitalists Evaluate AI Startups

    PNR Status Check: Everything You Need to Know Before You Travel

    PNR Status Check: Everything You Need to Know Before You Travel

    Wall-Hung WC and Concealed Cisterns: The Future of Bathroom Design

    Wall-Hung WC and Concealed Cisterns: The Future of Bathroom Design

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Delhi government

    Delhi Government Launches Rainwater Harvesting Initiative in Schools to Boost Water Conservation

    Yogi Adityanath

    Yogi Adityanath thrashes Samajwadi Party Over Temple Donations, Ayodhya and Waqf Issues

    Amaira Meena

    Amaira Meena Case: CCTV Footage Renews Debate on School Bullying and Child Safety

    Narottam Mishra

    Chaos in Datia as supporters of Narottam Mishra Clash with Police Over BJP Ticket Denial

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    10 Things You Can Do on the Boubyan App That Most People Don’t Know About

    10 Things You Can Do on the Boubyan App That Most People Don’t Know About

    Benefits of using a mortgage loan EMI calculator for long-term budget planning

    Benefits of using a mortgage loan EMI calculator for long-term budget planning

    July 1 Policy Reset: LPG Prices Slashed, Aadhaar, Railways, Banking and Passport Rules See Major Changes

    July 1 Policy Reset: LPG Prices Slashed, Aadhaar, Railways, Banking and Passport Rules See Major Changes

    Credit Score and India’s Digital Lending Boom: Why Financial Literacy Can No Longer Be Optional

    Credit Score and India’s Digital Lending Boom: Why Financial Literacy Can No Longer Be Optional

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    From Shipbuilder to Maritime Capability Partner: Navy Outlines Bigger Vision for Defence PSU HSL With Dy Chief of Navy’s visit

    From Shipbuilder to Maritime Capability Partner: Navy Outlines Bigger Vision for Defence PSU HSL With Dy Chief of Navy’s visit

    General Dhiraj Seth’s ‘VIJAY’ Doctrine Signals India’s Next Military Transformation

    General Dhiraj Seth’s ‘VIJAY’ Doctrine Signals India’s Next Military Transformation

    Why the Army is quietly rewriting India’s warfighting doctrine with its first Integrated Battle Groups

    Why the Army is quietly rewriting India’s warfighting doctrine with its first Integrated Battle Groups

    India Officially Names Six Operation Sindoor Martyrs as Their Sacrifice Enters National War Memorial Record

    India Officially Names Six Operation Sindoor Martyrs as Their Sacrifice Enters National War Memorial Record

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Modi-Takaichi Summit Signals India-Japan’s Strategic Pivot Towards a Stronger Indo-Pacific Alliance

    Modi-Takaichi Summit Signals India-Japan’s Strategic Pivot Towards a Stronger Indo-Pacific Alliance

    PoK Leadership Explodes at Islamabad as Khawaja Asif’s Kashmir Remark Sparks Rare Public Break and Identity Showdown

    PoK Leadership Explodes at Islamabad as Khawaja Asif’s Kashmir Remark Sparks Rare Public Break and Identity Showdown

    Canada’s Khalistan Blowback: After 41 Years, Ottawa Finally Admits Canada-Based Khalistani Extremists Blew Up Air India’s Kanishka

    Canada’s Khalistan Blowback: After 41 Years, Ottawa Finally Admits Canada-Based Khalistani Extremists Blew Up Air India’s Kanishka

    From Cells To Networks: NIA Maps Affiliate Terror Structure In JMB–IMK Case, Chargesheets 11 Linked To Northeast Bengal Module

    From Cells To Networks: NIA Maps Affiliate Terror Structure In JMB–IMK Case, Chargesheets 11 Linked To Northeast Bengal Module

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    ‘Not Refugees, But Warriors’: Mohan Bhagwat Seeks to Redefine the Legacy of Partition Migrants

    ‘Not Refugees, But Warriors’: Mohan Bhagwat Seeks to Redefine the Legacy of Partition Migrants

    Why Chennai Is Standing Out in the Growing Map of Franchise Opportunities in India

    Why Chennai Is Standing Out in the Growing Map of Franchise Opportunities in India

    Samvidhan Hatya Diwas: The Emergency That Put India’s Democracy Under Suspension and Still Divides Memory

    Samvidhan Hatya Diwas: The Emergency That Put India’s Democracy Under Suspension and Still Divides Memory

    7 Common GMAT Mistakes That Can Hurt Your ISB MBA Application

    7 Common GMAT Mistakes That Can Hurt Your ISB MBA Application

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The Art of Choosing the Right Cake for Every Occasion

    The Art of Choosing the Right Cake for Every Occasion

    AI VC Investor Risk Model: How Venture Capitalists Evaluate AI Startups

    AI VC Investor Risk Model: How Venture Capitalists Evaluate AI Startups

    PNR Status Check: Everything You Need to Know Before You Travel

    PNR Status Check: Everything You Need to Know Before You Travel

    Wall-Hung WC and Concealed Cisterns: The Future of Bathroom Design

    Wall-Hung WC and Concealed Cisterns: The Future of Bathroom Design

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

The Case that gave bureaucrats an edge over lawmakers, but it remains unused

Shivam Jaiswal by Shivam Jaiswal
7 January 2023
in Law
Subramanian & Ors Vs Union of India and Ors
Share on FacebookShare on X

Subramanian & Ors Vs Union of India and Ors: In a democracy, the role of the bureaucracy is to act as a bridge between the legislators and the populace. The bureaucracy carries out the legislative wisdom to the implementation stage. Thus, to carry out effective discharge of responsibilities, the legislators are bestowed with political authority to manage the functioning of the bureaucracy. The bureaucratic system has its own flaws; despite that the major issue arises owing to the unchecked interference of the political masters.

The bureaucrats are well trained to differentiate between legitimate political orders and orders which are improper, motivated and perverse. The political setup expects the civil servants to faithfully serve the government of the day. However, there have been numerous instances where the bureaucrats have stood up to the political masters at the great cost to their careers.

RelatedPosts

Was There Really Firing Outside Patna Coaching Institute? Khan Sir Revises His Claim as Confusion Deepens and Rivalry Angle Surfaces

Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority

Load More

The issues of transfer posting, below the table transactions, carrying out unofficial dictums are major fallacies of the democratic setup that needs to be checked. Therefore, in an endeavor to loosen the shackles of the bureaucracy from political control, the Apex Court issued significant directives in the case of T. S. R. Subramanian & Ors Vs Union of India and Ors.

Also read: Ryan International School Case: The guiding document of Juvenile Justice Act

S. R. Subramanian leads the Bureaucratic Battle

The Supreme Court was approached by way of ‘public interest litigation’, by a group of retired bureaucrats who carried forward the bureaucratic cause even after their retirement. In this ground-breaking petition, filed by former Union Cabinet Secretary T.S.R. Subramanian and 80 other retired bureaucrats, the Apex Court mandated fixed tenure to the bureaucrats by directing the Centre and State governments to set up independent Civil Servants Boards (CSBs) to deal with the transfers and promotion of and enquiries or disciplinary actions against bureaucrats.

The Supreme Court, in this famous verdict, noted the decay in ‘standards of probity and accountability’ of civil servants due to ‘unchecked political influence’. The Apex court ruled that the bureaucrats are not obligated to ‘function on verbal or oral instructions given by their superiors and political executive’. The move of the judiciary is aimed at tackling ‘favoritism and corruption’ owing to political subjugation of the bureaucracy.

Also read: The Jan Vishwas (Amendment of Provisions) Bill, 2022: The bill which truly justifies its name

Factual Backdrop of the Case 

The Bench comprising Justice K.S. Radhakrishnan and Justice Pinaki Chandra Ghose was asked to look into the perils of excessive political interference in the functioning of the bureaucracy. In the instant petition Article 32 of the Constitution has been invoked by 83 eminent retired civil servants highlighting the necessity of various reforms for preservation of integrity, fearlessness and independence of civil servants at the Centre and State levels in the country.

Prayers made in this writ petition are based on various reports and recommendations made by several Committees appointed for improving the public administration. The key aspects of the petition aimed at issuance of directions to create an “independent” Civil Service Board or Commission both at the Centre and the State based on recommendations of the Hota Committee, 2004.

Further, to provide fixed tenure for civil servants ensuring stability based on the recommendations of the Jha Commission 1986, the Central Staffing Scheme, 1996, the 2nd Administrative Reforms Commission (10th Report), and the Hota Committee Report, 2004.

In addition, to make it mandatory for the civil servants to formally record all such instructions/directions/ orders/suggestions which he/she receives, not only from his/her administrative superiors but also from political authorities, legislators, commercial and business interests and other persons/quarters having interest, wielding influence or purporting to represent those in authority based on the principles recognized by Rule 3(3)(ii)(iii) of the All India Service Conduct Rules, 1968 and as implicitly recognized by the Santhanam Committee Report, 1962.

Also read: Indian IT Act must be amended to curb the excess of big corporations

Dictum of the Apex Court 

The Division Bench of the Supreme Court observed that the civil servants are not having stability of tenure, particularly in State Governments where transfers and postings are made frequently, at the whims and fancies of the executive head for political and other considerations and not in public interest. Therefore, the Hon’ble Court provided for the establishment of a Board to look into transfer and posting of civil servants.

Further, the Bench held that all communication given to civil servants must be in written form so as to protect them “against wrongful and arbitrary pressure exerted by the administrative superiors, political executive, business and other vested interests”.

The Court was of the view that ‘by acting on oral directions, and not recording the same, the rights guaranteed to the citizens under RTI Act, could be defeated. Therefore, the existing practice of giving oral directions/instructions by the administrative superiors, political executive etc would defeat the object and purpose of the RTI Act.

Also read: Money Bill: All the times, Aadhaar was discussed in Supreme Court

Thus, to tackle favoritism and corruption the Apex Court held that ‘recording of instructions and directions is necessary for fixing responsibility and ensuring accountability in the functioning of civil servants and to uphold institutional integrity and the bureaucracy should refrain from taking oral orders. Further, expressing the need for CSB, the Bench observed that “of late, the UPSCs and PSCs are being denuded of their powers of consultation while making promotions and transfer from one service to another.”

Thus, proscribing frequent shuffling and transfer of the civil servants, the Apex Court gave a progressive verdict in Subramanian & Ors Vs Union of India and Ors to ensure “Minimum assured service tenure” is provided to civil servants so as to provide them with ample opportunities to prioritize the effective implementation of the social and economic measures for the betterment of poor and marginalized sections of the society.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=BVX29pXH4DQ

Tags: Civil ServantsCivil Service BoardHota Committee 2004Indian bureaucracyJha Commission 1986PSCSupreme CourtSupreme Court JudgementUPSC
ShareTweetSend
Previous Post

In Rishabh Pant-Urvashi Rautela saga, swap the characters and suddenly it doesn’t look funny

Next Post

Indian economy is soaring and it’s an optimistic sign before Budget

Related Posts

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

Bengaluru Daycare Horror Exposes the Dark Side of Workplace Childcare
Crime

Bengaluru Daycare Horror Exposes the Dark Side of Workplace Childcare

1 July 2026

A daycare centre operating inside Capgemini’s campus in Bengaluru has come under intense scrutiny after an FIR was registered...

What Provisions Does Suvendu Adhikari’s ‘Anti-Goonda’ Law Contain, and How Will It Reset Bengal’s Public Order Architecture?
Crime

What Provisions Does Suvendu Adhikari’s ‘Anti-Goonda’ Law Contain, and How Will It Reset Bengal’s Public Order Architecture?

30 June 2026

In a significant recalibration of its internal security framework, the West Bengal Assembly has passed the Public Safety and...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited