Walking on stilts Civil servants have been dragged into the ‘vicissitudes of convulsive politics, scams and scandals’ against which they were supposed to be a bulwark. They have become accessories to the colossal corruption and its cover-up. Due to the collective failure of civil servants in living up to the covenant of the Constitution, India’s democracy has diminished, and democratic governance has decayed ~ MG DEVASAHAYAM In a PIL petition filed by the former Cabinet Secretary, TSR Subramanian, and 82 others, the Supreme Court has given a series of directions to insulate the bureaucracy from political interference and to put an end to frequent transfers of civil servants by political bosses. These include setting up of the Civil Services Boards (CSB) at the Centre and in the States with the Cabinet Secretary and Chief Secretary respectively to guide and advise the government on all service matters, especially on transfers, postings and disciplinary action. The Board’s views could be overruled by the political executive, but only by recording the reasons. According to the Supreme Court, this step will ensure good governance, transparency and accountability in governmental functions. The court also asked Parliament to enact a Civil Services Act under Article 309 of the Constitution setting up a CSB and directed the Centre, State governments and the Union Territories to constitute such Boards “within three months, if not already constituted, till Parliament brings in proper legislation in setting up the CSB.” As for acting on oral instructions of political bosses, it has been made mandatory for the “officer superior” to confirm the same in writing. “The civil servant, who has received such information, in turn, is required to seek confirmation of the directions in writing as early as possible and it is the duty of the officer superior to confirm the direction in writing,” the court has ruled. Most of these orders are already in place in civil service rules and procedures but have not been complied with because of compromise and cowardice on the part of senior civil servants at the level of Principal Secretaries, Chief Secretaries and Cabinet Secretary. The Supreme Court provides stilts to these civil servants, most of whom have broken their legs on their own volition. The court has clarified that by issuing these directions it has not overstepped its ambit but has acted because of the failure of these worthies and the political executive to frame a legislative framework to address these key concerns despite ‘draft Bills being in circulation on such reforms’. The circulation of ‘draft Bills’ started with the Public Service Bill, 2007 that inter alia contained certain Values of Public Services: (a) patriotism and upholding national pride; (b) allegiance to the Constitution and the law of the nation; (c) objectivity, impartiality, honesty, diligence, courtesy and transparency; (d) maintaining absolute integrity. This Bill was tucked in a far corner of the Department of Personnel website, outside public view and died quietly. Shortly after UPA-II took office, the Civil Services Bill, 2009, believed to be an improved version of the Public Service Bill 2007, started its journey. This Bill was meant to bring in a public service code that would lay down a strict performance evaluation regime for promotions and postings of civil servants. It incorporated various suggestions of the second Administrative Reforms Commission and envisaged the setting up of a new Central Public Service Authority (CPSA) which would not only professionally manage the civil services but also serve the interests of civil servants and citizens alike through checks and balances. Under this Bill all bureaucrats would get a minimum fixed tenure of three years. In states, the Chief Secretary and the Director-General of Police would be selected out of a panel of suitable candidates by a committee comprising the Chief Minister, leader of the Opposition and Home minister. The appointment of the Cabinet Secretary at the Centre would also be decided in a similar manner. If governments deviated from these norms, Parliament/State Legislatures are to be informed about the reasons for doing so. The public service code in the Bill was to facilitate the civil servants ‘in discharging official duties with competence and accountability; care and diligence; responsibility, honesty, objectivity and impartiality; without discrimination and in accordance with the law’. CPSA would be the custodian of this code and would aid and advise the central government in all matters concerning the organization, control, operation and management of public services and public servants. In short, the 2009 Bill, despite some flaws, would have given strong legs to the civil servants to walk on thereby enhancing honesty and competence in governance. But that was not to be. To understand why, we should go back to the genesis of post-Independence All India Services (AIS), almost single-handedly brought about by Sardar Vallabhbhai Patel. In April 1948, he wrote to Prime Minister Nehru strongly advocating the formation of an independent civil service in the functioning of which “political considerations, either in its recruitment or in its discipline and control, are reduced to the minimum, if not eliminated altogether.” This was strongly opposed by the Chief Ministers and many members of the Constituent Assembly. Retorting, the Sardar in his speech to this Assembly in October 1949, said: “The Indian Union will go. You will not have a united India if you do not have a good All India Services which has independence to speak out its advice ~ if you do not adopt this course, then do not follow the present system, substitute something else.” Sardar Patel had his way and AIS (IAS & IPS) were established to “give a fair and just administration to the country and manage it on an even keel”. To ensure this and safeguard the civil servants from the “vicissitudes of political convulsions”, these services were covenanted in the Constitution. Set up under such challenges, All India Science were meant to implement the national agenda of delivering decentralized and honest governance to all citizens and uplift the poor and the downtrodden. Such governance would pursue an equitable, small-is-beautiful, need-based, human-scale, balanced development while conserving nature and livelihoods. But the ‘reform era’ of the past two decades has turned this upside down. Most of today’s civil servants are touting the MNC agenda of turning the country into a 300-million rich/middle-class market through FDI-funded big-ticket projects by mortgaging the resources of the nation, leaving the 900 million ‘laggards’ in the lurch! In the event, civil servants have been dragged into the “vicissitudes of convulsive politics, scams and scandals” against which they were supposed to be a bulwark. They have become accessories to the colossal corruption and its cover-up. Due to the collective failure of civil servants in living up to the covenant of the Constitution, India’s democracy has diminished, and democratic governance has decayed. The fact is that despite constitutional protection, most civil servants have abdicated their independence and political neutrality and have become willing pawns in the hands of ruling politicians and resource-rich vested interests. Serving corrupt carpetbaggers has become their mantra, let aam aadmi be damned. They have abdicated the civil service mantra and hence the broken legs. Supreme Court directives have not restored the legs, but have only provided stilts. While giving the directives the Court had hoped that these reforms would “lead to preservation of integrity, fearlessness and independence of civil servants at the Centre and State levels in the country”. Using these stilts, conscientious and honest civil servants should assert themselves by reverting to the constitutional scheme of things from which they have drifted and reinvent themselves to become a fearless, independent, honest and efficient entity bound by an esprit de corps which is appallingly absent now. Only then, there would be some hope. Mere walking on stilts will not do. The writer is a retired IAS officer
Posted on: Sat, 30 Nov 2013 19:37:17 +0000
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