Friday, November 06, 2015

No room for bigamous assistant directors at LBSNAA; …but read the language of draft rules

WHEN the government frames a new rule, it needs to be precise and immune to interpretations, but at times, the language used to explain that preciseness makes it hilarious. On Thursday, the DoPT uploaded in its website the draft recruitment rules for the post of assistant directors in Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussoorie, wherein it had explained disqualification for bigamous officers. First, read how the draft rules are being framed: It says:

Disqualifications: No person,-
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post.
Then there are exceptions for some minority communities for whom the law allows bigamy. The draft rules mention: “…provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule”. What does the line ”…and that there are other grounds for so doing” mean here? It’s nothing but a safety valve for some unique unforeseen situation!
Similarly, “until further order” is a common sentence used in almost all government appointment orders. If an officer is appointed for a period of two years for a particular post, the line (…until further order) is invariably inserted to keep a window to transfer the officer mid-way, if necessary.
Also, after the government prepares a rule, it invariably inserts a provision by which the rules can be relaxed. In the LBSNAA draft recruitment rules regarding methods of recruitment, age limit and qualifications, etc., such relaxations are smartly inserted.
It says: “Power to relax-- Where the Central Government is of the opinion that it is necessary or
expedient so to do, for reasons to be recorded in writing, and in consultation with UPSC, relax
any of the provisions of these rules with respect to any class or category of persons”.
Does not this sentence mean, all the rule drafted so far, can be undone?

No comments:

Post a Comment