Case 9.5: One lane, two processions

Difficulty: Medium
Syllabus point: 3: impartiality
Values and laws tested: Impartiality and the appearance of it, like cases alike, law and order; Articles 14, 15 and 25(1); Conduct Rule 3(1), Nolan's "objectivity"

Illustrative exampleOne lane, two processions

In a town in Rajasthan, Mohan is the Sub-Divisional Magistrate. The committees of two communities have each asked for the same old lane for their annual procession on the same day. Both say it is their long tradition. A relative of Mohan is an office-bearer of one committee, and the head of the other committee is an old school friend of his. The station house officer advises, "Give the route to the bigger committee, and we will explain it to the smaller one later." The second committee suspects that the decision is already made. Notice must go out within two hours. Both committees have sent written applications with hundreds of signatures, and each says it will take out its procession with or without permission. Mohan has not yet told anyone about his personal ties.

Stakeholders: Both committees and their followers, residents of the lane, the police, Mohan, the district administration, the peace of the town (the weakest party: the poor and the small shopkeepers nearby, who bear most of the risk if there is unrest).
Issue: impartiality and law and order against personal ties and the pressure of "the bigger side".
Options: A. Follow the station officer and give the route to the bigger committee (easy; but partiality and tension). B. Refuse both and ban the processions (looks even-handed; but it unfairly curbs the religious and cultural rights of both). C. Set public, equal criteria: separate timings or routes, written consent from both, equal security, and a disclosure of his personal ties.
Best: C. Articles 14 (equality), 15 (no discrimination) and 25(1) (freedom of religion, subject to public order); Conduct Rule 3(1) (integrity and devotion to duty); Nolan's "objectivity"; Rawls's veil of ignorance (choose a rule you would accept without knowing your own position).

Lesson

Action: Short term: call both committees together, issue written orders on timing and route, deploy equal police strength, and tell the District Collector of his acquaintances. Long term: an annual procession calendar with transparent rules, and a joint peace committee of both groups.

Practice Questions

Practice questionabout 100 words

(10 marks, 100 words) What decision should Mohan take? Solve with the five steps.

Model answer

The stakeholders are both committees, the lane's residents, the police and the administration. The issue is impartiality and public order against personal ties and the pressure of the bigger side. The options: give the bigger committee the route, stop both, or fix timing and route by equal criteria. The first is partiality; the second takes away rights. I choose the third, because Article 14 protects equality and Article 25(1) religious freedom, subject to public order. Now I would call both together, issue written orders and inform the Collector of my ties. Long term I would frame a procession calendar and a joint peace committee.

Practice questionabout 50 words

(5 marks, 50 words) What is the difference between being impartial and appearing impartial?

Model answer

Being impartial is having no bias in mind or in the decision; appearing impartial is building people's trust, so the process must be open and written.

Practice questionabout 50 words

(5 marks, 50 words) How should Mohan disclose his personal ties?

Model answer

Give a written disclosure to the superior; where needed, hand a part of the decision to another officer.