Sunday, 29 March 2026

Good Faith Decision Recording Protocol

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Respected Shri Narendra Modiji,

Pranam.

I write to you in the backdrop of the recent acquittal of former Coal Secretary Shri H.C. Gupta and others in the coal block allocation case, after a prolonged judicial process spanning more than a decade.

The Court has effectively affirmed that:

  • The decisions were taken within the framework of policy,
  • There was no mala fide intent or personal gain,
  • And yet, the individuals concerned had to undergo years of uncertainty and scrutiny.

Sir, this development is not merely a closure of a past case — it is a powerful reminder of a systemic challenge in governance.


The Core Issue: Fear-Induced Decision Paralysis

Today, many honest officers and Ministers face a silent dilemma:

“Even if my decision is well-intentioned, will I be questioned years later with the benefit of hindsight?”

This fear often leads to:

  • Delayed approvals
  • Excessive file movement
  • Avoidance of bold decisions

In short — governance slows down.


My Humble Submission (From My 2014 Suggestion: “  To err is human”  )

Over a decade ago, I had suggested a simple but powerful solution:

👉 Instead of trying to eliminate all risk from decision-making,
👉 We must institutionalize transparency of thought at the time of decision-making.

I now humbly propose that this be formalized as a Standard Operating Procedure (SOP) across Government.


Proposed SOP: “Good Faith Decision Recording Protocol”

Every significant administrative decision (by officers and Ministers) should mandatorily include a structured note on file, capturing the following:


1. Information Gaps Acknowledged

  • What information or data the decision-maker wished was available,
    but was not accessible at the time of taking the decision.

2. Diversity of Views Considered

  • What different views / opinions were presented
    during consultations, discussions, or file notings.

3. Constraints of Time

  • What additional data or perspectives could have been obtained
    if more time were available.

4. Stakeholder Impact Awareness

  • Who all the decision might offend or adversely affect,
    including departments, individuals, or interest groups.

5. Cost of Inaction

  • What is the likely cost of postponing or deferring the decision,
    in terms of:
    • Economic loss
    • Administrative delay
    • Public inconvenience

6. Declaration of Integrity

A clear, recorded declaration:

“This decision is not likely to benefit any of my near relatives or friends, directly or immediately.”


Why This SOP is Transformational

Sir, such a system will:

✔ Shift evaluation from outcome-based judgment to process-based assessment
✔ Protect honest officers who act in good faith
✔ Create a documented trail of intent, constraints, and reasoning
✔ Reduce fear of retrospective scrutiny
✔ Encourage faster, more confident decision-making


Relevance to the Recent Coal Case

The acquittal of Shri H.C. Gupta highlights that:

  • Decisions taken honestly can still be questioned years later
  • Absence of structured “decision context recording” makes retrospective evaluation difficult
  • Investigations often rely on outcomes, rather than intent and constraints at the time

👉 Had such an SOP existed earlier, much of the prolonged uncertainty may have been avoided.


A Governance Opportunity

Sir, your leadership has consistently emphasized:

  • Transparency
  • Accountability
  • Efficiency

This SOP uniquely strengthens all three — while also adding a fourth pillar:

👉 Administrative Courage


Concluding Appeal

I humbly submit that:

“If we want faster governance, we must protect honest decision-making — not by eliminating scrutiny, but by documenting intent.”

The recent verdict offers a timely opportunity to institutionalize this principle across Government of India.

I sincerely hope you will consider introducing this as a nationwide SOP, enabling officers and Ministers to take decisions boldly, transparently, and without fear.

With highest respect and regards,

Yours sincerely,


Hemen Parekh


www.YourContentCreator.in  /  29 March 2026

 

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