POLITICS AND THE POLICE
The mass level transfer of bureaucrats following the change of guard in state has almost become a political ritual which smacks off the instrumental value of administration for the causes not always falling within the ambit of objective law. Although the Supreme court has expressed its reservation against such arbitrary transfers and has also issued guidelines for the same,the problem still persists in most of the states.The real challenge is to strike fine balance between the imperatives of restricting politically motivated subjective transfers on the one hand and the necessity of giving adequate discretionary room to the political leadership on the other so that in keeping with its vision and mission, the Government could deploy right person at the right place in administration.Given the irrefutable fact that the operational domain of the executive Government is far more wide and varied in nature ‘contra posed’ to the other two wings, any Judicial intervention to regiment such discretion of the Government or seeking cogent material evidences to justify decisions would be an undesirable prohibitive exercise which in certain cases may jeopardize public interest as well. Why should not a newly elected Government be allowed to discontinue with officials who have dubious track record or are largely disoriented or not so much suitable for the job being contemplated by the Government? It means we need a well conceived mechanism which while questioning the politically motivated transfers could also respect the discretionary power of the Government which ultimately is made to assume the responsibility for everything.A multi member Commission can be established having representation from Government, opposition,judiciary and Civil society to look after the cases pertaining to transfer,promotion and others on exceptional basis.The Government should have greater say on account of its ultimate responsibility. And Honorable Judges before lamenting over and preaching on the rule of law should reflect on what, how and why of Judicial appointment, transfers, promotion etc Politics is no more confined to politicians only.