Gururaj's profileB.N.Gururaj's Home PagePhotosBlogListsMore  |  Tools Help |
|
|
September 18 Judiciary has not acquitted itself WellBy B.N.Gururaj, Advocate In S.P.Gupta v. UOI, better known as first Judge's Transfer case, the judiciary under the leadership of Justice P.N.Bhagwati surrendered the primacy of Supreme Court in the matter of appointment of judges and their transfers, to the Executive. Thereafter, the judges were at the beck and call of the Central Government, in the matter of appointment and transfer leading to loading of courts with pro-government people. Compliant judges were rewarded with good postings and post-retirement engagements. Defiant judges were punished with transfers. Later on, in the case known as Second Judge's Transfer Case, aka Supreme Court Advocates on Record Association v. UOI, the supreme court, by engaging in intellectual gymnastics resumed its powers in matters of appointment and transfer of judges. Afterwards, for over a decade and a half, this power has been exercised by the Supreme Court and the High Courts. The concept of collegium of judges came into force, forming a committed of three or five senior most judges of the High Court and the Supreme Court exercising this power. From the "committed judges" of Indira Gandhi's age, the country moved to totally independent judiciary which managed its own affairs. The Parliament and the Central Government also stood in the side wings and watched the judiciary managing itself. The Government's and the President's job was to merely agree and affix stamp of approval on the recommendations of the collegium of judges of the Supreme Court, which went to the Government in the name of the Chief Justice of India. Thereafter, India has seen string of dubious persons adorning the high office of judges of constitutional courts, some caught and exposed, many not caught. Over a period of time, the public has become cynical of honest in judiciary. Though CJI S.P.Bharucha admitted that about 20% of the judiciary was corrupt, today, a common man thinks that the percentage may be other way around. We have seen son-in-law father-in-law duo of K.Veeraswami and V.Ramaswami; CJI influencing lower judiciary for getting proper decree in his wife's suit; CJI who decided Jain Shuddh Vanaspati case, which was reviewed and reversed by the next CJI; judges involved in PF scam; money delivered to Judge's house; judges reported in resorts engaged in misbehaviour; judges demanding sexual gratification for passing orders; judges who issued NBWs against the President and the Speaker of Lok Sabha by taking bribe; judges influencing Public Service Commission for securing government appointment for their children; a person who pocketed PSU's money before he became judge. The list can go on and on. It only points out that the highest judiciary, after assuming the responsibility of appointment and transfer of judges has not exercised the power responsibly and with diligence. The judicial appointments have become more and more dubious. With the total lack of transparency in the selection and appointment, only the appointed person knows how he was selected. In a democracy, the public has no means of knowing how a person came to be selected as a judge. This doubt and ambiguity plagues not only the initial appointment as additional judge of the High Court, but also subsequent elevation as chief justice of high court or to the supreme court. This is amply proven by the fact that a person like CJ P.D.Dhinakaran, about whom his fellow judges and Chennai bar had complained was nevertheless chosen to be elevated to the Supreme Court. This clearly shows that "there is something rotten in the Kingdom of Denmark", to quote Shakespear. Since the judiciary has failed in responsibly exercising the powers vested in it, it is time for the parliament to step in and make law for judicial appointments, promotions, and transfers. No doubt, we are also equally cynical of parliamentarians, who are Mainly into Politics (MPs). But, then unlike judiciary, Parliament is a open house. Definitely, it is more transparent than judidial institutions. July 25 Don't be a nice guy at Work!By
B.N.Gururaj, Advocate.
After working for others for twenty five year long years, I decided to kick the job and work for myself . The job was paying so poorly, I needed no more incentive to kick the job. That is how I became an advocate. Nearly twelve years after kicking the job, I saw an article on MSN which told me what exactly went wrong during my career with other organisations. Here is the article extracted below, with grateful acknowledgement to MSN and the paper writer. I trust it will help the misguided nice guys correct themselves in time:
QUOTE
Stop Being So Nice to Your Co-workers  By Kate Lorenz, CareerBuilder.com Editor Do nice guys finish last at work, too? A study published in the Journal of Occupational and Organizational Psychology says yes. Dr. Nikos Bozionelos of the University of Sheffield in England researched personality and career success and found that white-collar workers who were the most agreeable, conscientious and sensitive to the needs of others were less likely to be promoted. Bozionelos believes it's because they don't put their own needs first: "Agreeable people tend to self-sacrifice and compromise their own interests to make others happy." And because "nice" people do things just to please others, they often are given low-profile tasks no one else wants and wind up doing activities that don't enhance their careers. Because American culture celebrates forcefulness -- even aggression -- researcher and author Gary Namie says the altruistic have it just as rough here in the United States, where, "Nice gets you in trouble. Nice gets you exploited." Author and executive coach Dr. Lois Frankel says there are a number of ways nice people undermine themselves. Here are five of the most common, along with tips for (pleasantly) breaking the cycle: 1. You Let Others' Mistakes Inconvenience You Before rearranging your life to correct someone else's mistake, assess the risk versus the reward of meeting unreasonable expectations. At times you'll have no choice but to jump in to put out the fire. But there will also be times when you have the latitude to push back and say, "This isn't what we originally discussed and agreed to. Since I'll have to rethink the plan and put more time into it than anticipated, I won't be able to have it completed by the initially proposed deadline." Let the person know you want to provide the best service possible -- and ask for the time and resources needed. 2. You Let Others Take Credit For Your Ideas Ever suggest an idea that seemed to fall flat, only to find out later it was implemented and someone else got the credit? To avoid having others steal your ideas, make sure you state them loudly and confidently or put them in writing. If you're at a meeting and someone proposes the same thing you've previously suggested, call attention to it by saying, "Sounds like you're building on my original suggestion, and I would certainly support that." 3. You Apologize Unnecessarily Save your apologies for big-time bloopers. When you do make a mistake worth apologizing for, apologize only once, then move into problem-solving mode. Objectively assess what went wrong and ways to fix it. Always begin from a place of equality, for example: "Based on the information initially provided to me, I had no idea that was your expectation. Tell me more about what you had in mind and I'll make the necessary revisions." 4. You Work Without Breaks Use your vacation days; take your lunch. Working non-stop can make you appear flustered, inefficient and incompetent. It also makes you less productive. To maintain maximum levels of concentration and accuracy, experts suggest you take a break every 90 minutes. 5. You Do Others' Work For Them Recognize when people delegate inappropriately to you and avoid the inclination to solve everyone's problems for them. Practice saying unapologetically, "I'd love to help you out with this, but I'm swamped." Then stop talking. Of course being nice is not all bad. Dr. Bozionelos points out that it can be of great advantage as long as you are aware of and able to adjust your natural tendencies to undervalue yourself and compromise your personal interests. As Dr. Frankel puts it, "When all is said and done, do you really want written on your tombstone: "She Always Put the Needs of the Company Ahead of Her Own?" Kate Lorenz is the article and advice editor for CareerBuilder.com. She researches and writes about job search strategy, career management, hiring trends and workplace issues. Other writers contributed to this article.
UNQUOTE
During air travel, the stewardess routinely advises that in case of loss in cabin pressure, oxygen masks will come down. Put on the mask first yourself, before you help others including your child. If you are dead, you would do no good to your dependents. Take care of yourself, before you take care of others! July 16 True Colours of Naxalites DisclosedBy
B.N.Gururaj, Advocate.
Yesterday, the naxalites have robbed no less than four solitary houses in Malnad area of Karnataka. So far, these thugs and gangsters who professed to fight against governments for the benefit of the oppressed people have come out with their true colour. What kind of social fight is this, attacking solitary houses and robbing them of money and jewellery? This clearly shows that naxalites have degenerated into common high way bandits out to make a living by robbing others. They are no political idealogues that they profess to be. They are common thugs and have to be dealt with by law as such.
This brings to the fore the question of several so called intellectuals who support naxalites. What do they have to say now, now that naxalites have come down to robbing common people who are also farmers? These pseudo intellectuals and armchair revoluionaries are merely supporting gangsters and old fashioned bandits in the name of responding to social concerns. Professors like Nagari Babbaiah, Sridhar, journalists like Gauri Lankesh et al have kept their mouth shut as yet, about these robberies. This is another illustration of duplicity of leftists in India. They run with the hare and hunt with the hounds! June 22 Dress Code for Men and Women at Work PlaceHere is a piece from MSN regarding proper dress code for work place, with some do's and don'ts. I thought that it would be beneficial to everyone to ponder over these tips and adopt them to the extent possible in the Indian context. We may not carry around Pashmina shawls and Trench Coats to cover embrassment arising out of improper dress at work place. But, we can adopt the equivalents in the Indian context:
B.N.Gurruaj, Advocate.
Here follows the quoted piece of blog:
10 Faux Pas of Summer Work Fashion By Rachel Zupek, CareerBuilder.com After 15 years of employment, Cynthia McKay has seen it all when it comes to business casual summer attire. From an employee falling down the stairs because of a flip-flop malfunction to another who spent the day pulling up and adjusting her strapless dress, McKay finally wrote a dress code to alleviate confusion concerning her staff's concept of proper work wardrobe. "An employee fresh from Mexico came into my office asking for a raise wearing a t-shirt saying, 'Got wasted in Cabo,'" says McKay, chief executive officer of Colorado-based Le Gourmet Gift Basket Inc. "The message I got from her attire was, 'I'm a joker and the company is financing my drinking expeditions around the globe.'" Improper message t-shirts are only one of many fashion faux pas surrounding business attire in the summer. When everyone around you is wearing fewer clothes, it's hard to trade in your flip-flops and polo shirt for closed-toe shoes and a long-sleeve button-down. While you don't have to cling to your winter wardrobe during summer, choose your wardrobe carefully. Consider the industry and the environment in which you work. Pay attention to any unwritten laws. Do you have regular contact with clients? What image do you want to portray? Putting a little effort into your outfits (or at least looking like you did) shows that you care about the way you're presented. Something sexy might be better for weekend wear, but dressing too-buttoned up won't make you the most approachable co-worker either, says Maggie Gallant, chief executive officer and founder of New York-based firm, Spotlight Communications. "You know that feeling when you just love the outfit you are wearing and you just feel fabulous?" Gallant asks. "With that kind of boost, along with knowing you have talent and love your job, nothing can stop you." Don't let your summer outfits sizzle your credibility, a coveted promotion or even your job. Here's a list of summer don'ts and how you can turn them into a do. Ladies, don't... Bare your midriff. If you do... Keep a sweater on hand in your desk. McKay's company has a stock of pullover and cardigan sweaters for such an occasion. If an employee is a repeat offender, she can go home and change or "rent" one of the sweaters for the day. Leave sunburns exposed -- especially the flakey ones. If you do... Throw a pashmina over those shoulders. "If your sunburn gets much worse during the course of the day, step out to the drugstore and pick up aloe and moisturizer," Gallant says. Wear strapless dresses or plunging necklines -- too competitive, too much information. If you do... Throw on a top or sweater over the exposed area. Showing too much skin is inappropriate for the workplace, McKay says. Scandalous dresses and tops show too much and have the potential to cause public nudity. Sport wedges that are so high you can barely make it over to the copy machine. If you do... Walk with confidence and don't make the mistake again, Gallant says. "The worst thing you can do when you sport a fashion don't at work is talk about it all day. Your co-workers may not even notice; they are worried about their own wardrobe." Wear a short skirt. If you do... Find a cute trench coat to pair with it. "Just like in grade school, if it's shorter than your longest finger when your hands are at your sides, wear it to a party this weekend instead," Gallant says. Guys, don't... Wear different colored leathers. If you do... They should at least be in the same hue, say Ron Elkus and Rod Brown, co-owners for Michigan-based men's clothing store, The Shirt Box. "Always have your belt and shoes match," they insist. Wear shorts. If you do... Make sure they come to right above the knee, Elkus and Brown say. "Shorts should be avoided even in a casual work environment. Pants should always leave at least a half-inch break at the front bottom of the pant -- with your shoes on," they say. Wear sandals to work. If you do... "Avoid wearing socks and make sure your feet are well groomed," Elkus and Brown suggest. Wear your shirt untucked. If you do... Make sure it has a straight edge bottom and/or side vents, Elkus and Brown say. "Better yet, play it safe and tuck your shirt in when in any business setting." Show your undershirt -- or your chest hair. If you do... "Try a V-neck t-shirt if you are going open collar," Elkus and Brown say. "The athletic shirt -- no sleeves -- will give you certainty that your sleeve does not exceed your short sleeve sport shirt." Rachel Zupek is a writer and blogger for CareerBuilder.com. She researches and writes about job search strategy, career management, hiring trends and workplace issues. April 20 Why am I a Hindu?Why am I a Hindu?
By
B.N.Gururaj, Advocate.
Over three decades back, the then celebrated Illustrated Weekly published an issue containing writings and interviews with public figures on the same issue. The then Chief Minister of Kerala Mr.Achutha Menon retorted eloquently: "who told you that I am a Hindu?". I do not know how his body was disposed off upon his death. In all probabilities, by cremation, which is a typical Hindu funeral rite. Hinduism encompasses even such persons.
One can think of serveal reasons why it is preferable to be a Hindu. Like all the other societies, there are religious aspects and there are social aspects. Some social practices have religious sanctions; some do not have religious sanctions but continue to remain a practice of the denomination. At present, I am not on the social issues. I am confining myself to religious aspect of Hinduism.
We live in a democratic society, where the individual's freedom and choice is the keynote. The political system and society generally believes that in the matter of religious beliefs, the individual knows what is best for him and what appeals to him. No one needs to tell him what he ought to do whatever is his religious goal: peace of mind, or salvation or grace of God. Hinduism is the least agressive form of religion, not being a msisionary religion which believes in proslytisation.
It is said that just as other semitic religions have Single Book as the source and repository of their religious tenets, Hinduism has three books or Prasthanas: Upanishads, Brahma Sutra and Bhagvad Gita. But, few Hindus even know there is such a thing called Prasthana Triya! In Hinduism, there is no central organisation which determines and imposes on individual Hindu what he ought to do to call himself a Hindu. No one tells a Hindu which diety he ought to worship, in what manner he ought to worship, or for that matter, whether he should worship at all. It hardly matters whether one worships male deity, or female deity, or formless God (Nirakara, Nirguna). There are literally thousands of temples, maths, pontifs, freelance religious peachers. No one really holds sway over the entire society. One need not regularly attend any Math or Temple, or belong to a particular flock - no one can threaten a Hindu by refusing to give grave yard space for not being a practising Hindu!
The lack of central leadership for guiding about religious practices might appear to be a weakness when compared with other religions which have such central organisations. But, at a higher plain, it also one of the greates strengths of Hinduism. Because of its amorphous structrue, it is highly adaptable. From vadic times, it has evolved from nature worship, to liturgy, to loft Upanishidic ideals of Monism, to Puranic religion worshiping anthropomorphic form of dieties, to Bhagavatism, Bhakti Movement during medieval period, renaisance Hinduism of Swami Vivekananda. The ability of Hinduism to adopt itself to changing times without compromising on its core concepts is mind boggling. It caters to all needs: practrice of lowly religion steeped in superstition to highest form of worship by way of meditation on formless God. Human history has not known another religion which embodies such diversity within itself, nor to speak of allowing such great lattitude to its followers.
It is said that individuality is the key to success. This is definitely so in worldly mattets such as education, career, business and the like. I believe that it is equally true in spiritual practice also. Religious goals are cannot be achieved enmass. It is the individual's perseverance which leads him to lead purer life.
I am a Hindu because no one tells me what I ought to do in order to be a Hindu! |
|
|
