The Seen and the Unseen - hosted by Amit Varma
Ep 389: Bhargavi Zaveri-Shah Will Not Wear a Blue Tie to Work
Episode guests
Podcast summary created with Snipd AI
Quick takeaways
- The state's role in society should be redefined to serve citizens' rights more effectively.
- Regulatory bodies need a balance of independence and accountability for effective governance.
- Workplaces must address gender biases to empower women and promote equality.
- Transparent processes and oversight institutions are crucial for fair regulatory investigations.
- India's regulatory agencies require effective oversight and independent regulatory bodies.
- Judicial reforms should prioritize understanding litigants' needs and experiences for a more efficient court system.
Deep dives
The Need for Independent Regulation
The podcast delves into the complex relationship between the state and society in India, highlighting the lack of a perfect balance where the state serves society and protects citizens' rights. It discusses how in India, there is a tendency to behave as subjects rather than as citizens, with a state that is seen more as a ruler than a servant. The discussion covers the dysfunctional nature of the state, ill-equipped to manage the complexities of the modern world, potentially leading to regulatory challenges and the need to explore foundational principles of regulation worldwide.
Insights Into Regulatory State
The podcast explores the significance of regulatory institutions, featuring a conversation with a scholar who works at the intersection of law, economics, and policy. The guest discusses the history of regulation globally and the importance of balancing independence and accountability in regulatory bodies. The conversation highlights the challenges posed by a growing regulatory state and emphasizes the need to design effective regulatory frameworks guided by essential principles to prevent adverse outcomes.
Understanding Gender Dynamics in the Workplace
The discussion shifts to gender dynamics in workplaces, shedding light on issues faced by women, including interruptions in meetings and the struggle to assert themselves confidently. The conversation reveals subtle biases and challenges experienced by women in professional settings, such as self-consciousness, interruptions, and the need to navigate societal cues. It reflects on the importance of fostering environments that promote equality and empower individuals to overcome gender-related obstacles.
Influences on Investigations and Regulatory Agencies
Factors influencing investigations and penalties by regulatory agencies are discussed, highlighting the importance of transparent processes, oversight institutions, and the role of courts in ensuring fairness and accountability.
Evolution of Regulatory Agencies in India
The evolution of regulatory agencies in India, from the historical perspectives to modern-day challenges, is examined. The role of independent regulators and the need for effective oversight institutions are emphasized.
Intersection of Law, Economics, and Policy Making
The podcast delves into the intersection of law, economics, and policy making, exploring how legal frameworks are influenced by economic principles and how they impact regulatory decisions in the Indian context. Insights are shared on the dynamics of government agencies and the challenges faced in policy formulation and implementation.
Courts as Service Providers and Litigant Expectations
Courts should be viewed as service providers meeting the demands of litigants. The focus should shift from supply-side reforms to understanding and meeting litigants' expectations. Litigants desire predictability, clarity on timelines, and respect within the court process. Reform efforts should prioritize collecting data on litigant experiences and creating a more transparent, responsive, and efficient court system.
Demand-Side Reforms for Judicial Systems
Judicial reforms should emphasize demand-side considerations, such as understanding litigants' needs and expectations. Incorporating predictability, efficiency, and reliable information flow within the court process is essential. This approach shifts the focus from judges and procedural issues to meeting the practical requirements and experiences of individuals engaging with the legal system.
Optimizing Court Processes for Efficiency and Fairness
Efforts to enhance court efficiency and fairness should prioritize understanding litigants' perspectives and experiences within the legal system. By creating predictability, respecting timelines, and ensuring access to justice, courts can better serve individuals seeking resolutions to disputes. This approach advocates for systematic data collection on court processes and a user-centric approach to judicial reforms.
Incentivizing Judges Through Feedback Loops
Creating feedback loops for judges can reorient their incentives toward better serving the beneficiaries of the legal system. By setting up litigants' expectations and publishing court performance benchmarks, judges can be motivated to meet litigants' expectations. These mechanisms aim to encourage judges to improve efficiency and effectiveness based on feedback from litigants and public scrutiny.
Challenges and Solutions in Judicial Reform
Implementing challenging reforms in the judiciary, such as disinvestment in Air India, can be facilitated by involving officers facing terminal illness in the decision-making process. This approach aims to overcome hurdles caused by bureaucratic processes and instill a sense of legacy and importance in the decision-making officials. The suggestion highlights unconventional methods to drive significant reforms in complex bureaucratic systems.
The world is complex. The state is primitive. Regulation is where they meet. Bhargavi Zaveri-Shah joins Amit Varma in episode 389 of The Seen and the Unseen to discuss her experiences with the regulatory state at the intersection of law & economics. (FOR FULL LINKED SHOW NOTES, GO TO SEENUNSEEN.IN.) Also check out: 1. Bhargavi Zaveri Shah on Twitter, LinkedIn, The Leap Blog and her own website. 2. The accountability framework of UIDAI: Concerns and solutions -- Vrinda Bhandari and Renuka Sane and Bhargavi Zaveri. 3. Institutionalise formal regulatory independence -- Bhargavi Zaveri. 4. Regulators don't need constitutional status -- Bhargavi Zaveri. 5. Measuring Regulatory Responsiveness in India: A Framework for Empirical Assessment -- Anirudh Burman and Bhargavi Zaveri. 6. Participatory governance in regulation making: How to make it work? -- Bhargavi Zaveri. 7. IBBI's draft framework sets new standards of regulatory governance in India -- Bhargavi Zaveri. 8. FIU’s Penalty on PayPal: The Wisdom of Jurisprudence by Committee -- Bhargavi Zaveri. 9. Survey-based measurement of Indian courts -- Pavithra Manivannan, Susan Thomas, and Bhargavi Zaveri-Shah. 10. Helping litigants make informed choices in resolving debt disputes -- Pavithra Manivannan, Susan Thomas, and Bhargavi Zaveri-Shah. 12. Judicial triage in the lockdown: evidence from India's largest commercial tribunal -- Anjali Sharma and Bhargavi Zaveri. 13. The Loneliness of the Indian Woman — Episode 259 of The Seen and the Unseen (w Shrayana Bhattacharya). 14. Young India -- Episode 83 of The Seen and the Unseen (w Snigdha Poonam). 15. Dreamers: How Young Indians Are Changing Their World -- Snigdha Poonam. 16. The Loneliness of the Indian Man — Episode 303 of The Seen and the Unseen (w Nikhil Taneja). 17 Alice Evans on Twitter and The Seen and the Unseen. 18. The End of History? — Francis Fukuyama’s essay. 19. The End of History and the Last Man — Francis Fukuyama’s book. 20. Economic Facts and Fallacies — Thomas Sowell. 21. The Forgotten Man: A New History of the Great Depression -- Amity Shlaes. 22. Public Choice Theory Explains SO MUCH -- Episode 33 of Everything is Everything. 23. Parkinson’s Law. 24. Statutory Regulatory Authorities and the Federal System in India -- KP Krishnan, Amrita Pillai and Karan Gulati. 25. Suits on Netflix. 26. The Accidental Prime Minister -- Sanjaya Baru. 27. The Life and Times of KP Krishnan — Episode 355 of The Seen and the Unseen. 28. The Life and Times of Montek Singh Ahluwalia — Episode 285 of The Seen and the Unseen. 29. The Four Quadrants of Conformism — Paul Graham. 30. Stay Away From Luxury Beliefs -- Episode 46 of Everything is Everything. 31. The Anxious Generation -- Jonathan Haidt. 32. Concrete Island -- JG Ballard. 33. High-Rise -- JG Ballard. 34. Judicial Reforms -- Episode 62 of The Seen and the Unseen (w Alok Prasanna Kumar). 35. Noise -- Daniel Kahneman, Olivier Sibony and Cass R. Sunstein. 36. Court on Trial: A Data-Driven Account of the Supreme Court of India -- Aparna Chandra, Sital Kalantry and William HJ Hubbard. 37. Fixing the Knowledge Society -- Episode 24 of Everything is Everything. 38. The Plague -- Albert Camus. 39. The Outsider -- Albert Camus. 40. The Life and Times of the Indian Economy -- Episode 387 of The Seen and the Unseen (w Rajeswari Sengupta). 41. Shoe Dog -- Phil Knight. 42. Laapataa Ladies -- Kiran Rao. 43. The Incredible Curiosities of Mukulika Banerjee — Episode 276 of The Seen and the Unseen. 44. The Life and Times of Mrinal Pande — Episode 263 of The Seen and the Unseen. 45. Caste, Capitalism and Chandra Bhan Prasad — Episode 296 of The Seen and the Unseen. Amit’s newsletter is active again. Subscribe right away to The India Uncut Newsletter! It’s free! Amit Varma and Ajay Shah have launched a new video podcast. Check out Everything is Everything on YouTube. Check out Amit’s online course, The Art of Clear Writing. Episode art: ‘Warrior’ by Simahina.
Remember Everything You Learn from Podcasts
