TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    From trust to tragedy: a case that exposed how familiarity inside a home turned into its biggest security breach.

    Two States, One Crime Trail: Ex-Domestic Help Arrested in IRS Officer’s Daughter Rape and Murder Case

    Shankar Ghosh casts his ballot as Bengal’s battle for power enters a crucial phase.

    BJP Signals Bengal Breakthrough as Shankar Ghosh Predicts End of TMC Rule

    The Gorakhpur address blended cultural provocation with a direct challenge to the opposition.

    ‘Do People Who Eat Cows Drink Pig’s Milk?’ Yogi Blasts Opposition Over Women’s Quota

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Indian economy is stronger than the ranking.

    IMF Ranking Jolt Misread: India’s Economy Strong, Sixth Spot Just a Statistical Glitch

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    From Sapta Sindhu to Statecraft: Inaugural ‘Sindhu Samvad’ Links Indus Past with Policy Present

    From Sapta Sindhu to Statecraft: Inaugural ‘Sindhu Samvad’ Links Indus Past with Policy Present

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    The scars of Pahalgam endure, even as the nation moves forward

    Pahalgam Anniversary: Modi Signals Firm National Stand as India Reasserts Anti-Terror Resolve

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Amit Shah on sensitive Gorkha land issue

    Shah Assures Constitutional Path for Gorkha Issue, Intensifies Attack on TMC at Bengal Rally

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    Rajnath Singh addresses the possibility of India contributing to peace efforts in West Asia amid ongoing geopolitical tensions.

    Could India Become a Diplomatic Space in the West Asia Crisis? Rajnath Singh Hints at Possibility

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    Port Under Siege: Gwadar Faces Threats from All Sides

    Port Under Siege: Gwadar Faces Threats from All Sides

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Sardar Patel and Amit Shah

    Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    Future-Ready Learning: CBSE Launches AI Curriculum for Classes 3–8 to Boost Digital Readiness in Young Learners

    Future-Ready Learning: CBSE Launches AI Curriculum for Classes 3–8 to Boost Digital Readiness in Young Learners

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    AI in healthcare

    AI is Recasting Healthcare, Reshaping How Medicine is Practised

    Delhi-Dehradun Expressway

    Modi Launches ₹12,000-Crore Delhi–Dehradun Expressway, Cutting Journey Time to Around 2.5 Hours

    Asha Bhosle last rites

    India Bids Farewell to Asha Bhosle: State Honours Mark Final Journey of a Musical Legend

    Can Gym-Goers Start Calisthenics Easily? Here’s What to Know

    Can Gym-Goers Start Calisthenics Easily? Here’s What to Know

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    From trust to tragedy: a case that exposed how familiarity inside a home turned into its biggest security breach.

    Two States, One Crime Trail: Ex-Domestic Help Arrested in IRS Officer’s Daughter Rape and Murder Case

    Shankar Ghosh casts his ballot as Bengal’s battle for power enters a crucial phase.

    BJP Signals Bengal Breakthrough as Shankar Ghosh Predicts End of TMC Rule

    The Gorakhpur address blended cultural provocation with a direct challenge to the opposition.

    ‘Do People Who Eat Cows Drink Pig’s Milk?’ Yogi Blasts Opposition Over Women’s Quota

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Indian economy is stronger than the ranking.

    IMF Ranking Jolt Misread: India’s Economy Strong, Sixth Spot Just a Statistical Glitch

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    From Sapta Sindhu to Statecraft: Inaugural ‘Sindhu Samvad’ Links Indus Past with Policy Present

    From Sapta Sindhu to Statecraft: Inaugural ‘Sindhu Samvad’ Links Indus Past with Policy Present

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    The scars of Pahalgam endure, even as the nation moves forward

    Pahalgam Anniversary: Modi Signals Firm National Stand as India Reasserts Anti-Terror Resolve

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Amit Shah on sensitive Gorkha land issue

    Shah Assures Constitutional Path for Gorkha Issue, Intensifies Attack on TMC at Bengal Rally

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    Rajnath Singh addresses the possibility of India contributing to peace efforts in West Asia amid ongoing geopolitical tensions.

    Could India Become a Diplomatic Space in the West Asia Crisis? Rajnath Singh Hints at Possibility

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    The Fuel Miracle: How India Frozen Petrol Prices Amidst a Global Inferno

    Port Under Siege: Gwadar Faces Threats from All Sides

    Port Under Siege: Gwadar Faces Threats from All Sides

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Sardar Patel and Amit Shah

    Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    Future-Ready Learning: CBSE Launches AI Curriculum for Classes 3–8 to Boost Digital Readiness in Young Learners

    Future-Ready Learning: CBSE Launches AI Curriculum for Classes 3–8 to Boost Digital Readiness in Young Learners

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    AI in healthcare

    AI is Recasting Healthcare, Reshaping How Medicine is Practised

    Delhi-Dehradun Expressway

    Modi Launches ₹12,000-Crore Delhi–Dehradun Expressway, Cutting Journey Time to Around 2.5 Hours

    Asha Bhosle last rites

    India Bids Farewell to Asha Bhosle: State Honours Mark Final Journey of a Musical Legend

    Can Gym-Goers Start Calisthenics Easily? Here’s What to Know

    Can Gym-Goers Start Calisthenics Easily? Here’s What to Know

    • 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

SC Denies Pawan Khera Relief, Flags ‘Forum Shopping’ and Aadhaar Row, Sends Him to Assam Court

Supreme Court Backs EC’s Bengal Officer Reshuffle Ahead of Polls, Keeps Larger Legal Issue Open

Supreme Court Declines to Quash Land-for-Jobs Case Against Lalu Yadav; Trial to Proceed

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

From trust to tragedy: a case that exposed how familiarity inside a home turned into its biggest security breach.
Crime

Two States, One Crime Trail: Ex-Domestic Help Arrested in IRS Officer’s Daughter Rape and Murder Case

23 April 2026

A former domestic worker who raped and murdered the 22-year-old daughter of an Indian Revenue Service (IRS) officer in...

“Celebration or betrayal? Women’s reservation bill defeat ignites political war
Law

Women’s Quota Bill Defeat Exposes Congress’ Double Game, Smriti Irani Calls Out ‘Betrayal of Millions of Women’

18 April 2026

A day after the Women’s Reservation Bill collapsed in the Lok Sabha, senior BJP leader Smriti Irani launched a...

Using CHP Reports to Identify Witnesses and Parties in a Crash
Law

Using CHP Reports to Identify Witnesses and Parties in a Crash

18 April 2026

After a crash, identifying everyone involved is one of the most important steps in building a strong legal or...

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

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21
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