Civil Services: “While governments may come and go, ministers may rise and fall, the administration of a country goes on forever. Needless to say, civil services form the backbone of administration”. – Ramsay Muir
“…you will not have a united India, if you have not a good all-India service which has the independence of mind, to speak out its mind, which has the sense of security…this Constitution is meant to be worked by a ring of service which will keep the country intact.” – Sardar Patel, in the Constituent Assembly in 1949.
“Above all, I would advise you to maintain to the utmost the impartiality and incorruptibility of administration. A civil servant cannot afford to and must not take part in politics. Nor must he involve himself in communal wrangles” – Sardar Patel
“We need government servants with commitments to the development of the country and personal involvement in the tasks”. – Indira Gandhi
Evolution of Civil Services in India
- Origins and Arthashastra: India’s civil service roots can be traced back to the Mauryan period with the guidance of Kautilya’s Arthashastra, which outlines civil servant recruitment, loyalty, evaluation, and ethical conduct principles.
- British Influence and Reforms:
- Warren Hastings (1772): Established the role of district collector focused primarily on revenue collection and management.
- Lord Cornwallis: Known as the father of civil services in India, separated revenue and judicial administrations and enhanced the role of district collector.
- Macaulay’s Report & Charter Act of 1853: Initiated open competitive examinations for civil services, still heavily biased towards European studies and held only in London.
- Civil Services Commission (1854): Established post-Macaulay’s recommendations, conducting exams in London with age restrictions of 18 to 23 years. Satyendra nath Tagore became the first Indian to join the civil services in 1864.
- Aitchinson Commission (1886): Recommended a structured reorganization into Imperial, Provincial, and Subordinate services, managed by the Secretary of State and respective states.
- Indian Civil Service (1911): Aimed to consolidate British administrative control.
- Post-World War I Reforms:
- Following the Montagu-Chelmsford reforms, examination centers were established in India, initially in Allahabad and later Delhi.
- The Federal Public Service Commission was established by 1922.
- Government of India Act 1919: Distinguished between All India Services and Central Services, the latter directly under Central Government control.
- Government of India Act 1935: Established a Public Service Commission for the Federation and individual commissions for provinces or groups of provinces.
- Post-Independence Transition:
- The Federal Public Service Commission was renamed to the Union Public Service Commission in 1950, as mandated by Article 378 of the Constitution.
- The civil service shifted focus from enforcing British rule to welfare-oriented tasks in independent India, gradually moving towards development and facilitation roles through the late 20th century.
- Current Structure:
- Classification: Civil services are classified into Central Civil Services, All India Services, and State Civil Services based on their scope and function.
- Recruitment: UPSC conducts exams for All India Services and higher central services, while Group B, C, and D services are filled by the Staff Selection Commission and State Public Service Commissions.
Constitutional Provisions
Part XIV: Services under the Union and the States
Article | Description | Details |
---|---|---|
Article 309 | Regulation of Recruitment and Service Conditions | Empowers both Parliament and state legislatures to regulate recruitment and service conditions in public services. |
Article 310 | Doctrine of Pleasure | Civil servants hold their posts at the pleasure of the President or the state governors, implying they can be removed at will. |
Article 311 | Safeguards against Dismissal | Protects civil servants from being dismissed or demoted by a lower authority than the one that appointed them, and ensures a fair inquiry process before any disciplinary action. |
Article 312 | Creation of New All India Services | Enables the Rajya Sabha, with a two-thirds majority, to initiate the creation of new All India services, including recruitment and service rules. |
Articles 315 to 322 | Public Service Commissions | Establish and detail the functions of the Union and State Public Service Commissions, which oversee recruitment and conduct examinations. |
Article 323A | Administrative Tribunals | Allows for the establishment of administrative tribunals to resolve disputes related to recruitment and service conditions in public services. |
Role of Civil Services in a Democracy
Role | Description | Examples and Details |
---|---|---|
Implementation of Policies | Civil servants are responsible for implementing laws and policies formulated by the elected government. | Ensuring the execution of schemes like MGNREGA and Pradhan Mantri Awas Yojana. |
Continuity and Stability | ensure administrative continuity through political transitions and changes in political leadership. | Maintaining stability and consistency in administration during political transitions. |
Advisory Role | provide technical expertise and advisory support to political leaders, helping craft policies that are both practical and effective. | Advising on economic policies, health regulations, and administrative reforms. |
Service Delivery | Directly responsible for delivering essential public services to citizens. | Managing public health, education, infrastructure, and welfare programs. |
Crisis Management | Play a critical role in disaster management and emergency response. | Coordinating relief efforts during natural disasters like floods, earthquakes, and pandemics. |
Promotion of Democratic Values | Uphold the principles of democracy by ensuring fair and impartial administration. | Armstrong Pame directly engaged with local communities to build the “People’s Road” in Manipur, |
Administration and Governance | Oversee the day-to-day administration and ensure the smooth functioning of government machinery. | Managing public services, maintaining law and order, and ensuring efficient public service delivery. |
Public Accountability | Civil services ensure accountability in governance by maintaining transparency and adherence to the rule of law. | Implementing the Right to Information Act (RTI) to promote transparency and accountability in public offices. |
Regulation and Control | Enforce laws and regulations to maintain public order and safety. | Roles in regulatory bodies like the Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI). |
Social Welfare and Development | Civil servants manage resources, implement infrastructure projects, and execute social welfare programs aimed at improving living standards. | M.S. Swaminathan‘s implementation of high-yielding variety seeds and improved irrigation practices under the Green Revolution. |
Evolution role of bureaucracy
Decade | Key Developments |
---|---|
1947-1960s | Nation Building – Led by Prime Minister Jawaharlal Nehru, focusing on democratic socialism, with initiatives in industrialization, agrarian reforms and infrastructure. |
1967 | Democratization of Bureaucracy – Post-1967 assembly elections, increased inclusion of backward castes in civil services was initiated, marking the beginning of a more inclusive bureaucracy. |
1970s-1980s | Committed Bureaucracy – During Indira Gandhi’s tenure, especially the Emergency (1975-1977), bureaucrats were expected to align closely with ruling party ideologies. |
1990s | Economic Liberalization – Introduction of economic reforms under P.V. Narasimha Rao and then Finance Minister Manmohan Singh in 1991, leading to the dismantling of the License Raj and a shift towards a market-driven economy with reduced bureaucratic control. |
2000s onwards | Globalization and IT Revolution – Focus on e-governance and transparency, the Right to Information Act (2005) was introduced, enhancing bureaucratic accountability. |
Theories on Bureaucracy
Theory | Description | Key Points | Examples |
---|---|---|---|
Weber’s Bureaucratic Theory | Max Weber’s theory emphasizes a structured, hierarchical organization governed by clear rules and roles. | Emphasizes formal rules and procedures Hierarchical structure Merit-based recruitment | Indian Civil Services |
New Public Manage ent (NPM) | Advocates for the use of private sector management techniques in the public sector to improve efficiency and service delivery. | Decentralization Performance measurement Market-oriented reforms | UK Government: Performance-based evaluations and outsourcing in public services |
Public Value Theory | Emphasizes the creation of value for the public through public sector initiatives and services. | Focus on outcomes Stakeholder engagement Value creation | |
Scientific Management Theory | Frederick Taylor’s theory focuses on improving economic efficiency through systematic management. | Work specialization Standardized tasks Efficiency and productivity focus | Production lines in manufacturing, such as those pioneered by Henry Ford . |
Human Relations Theory | Elton Mayo’s theory stresses the importance of social factors and employee well-being in productivity. | Focus on employee morale Importance of group dynamics Impact of social relationships | Modern HR practices emphasizing team building and employee satisfaction . |
Systems Theory | Views organizations as complex systems with interrelated parts working towards a common goal. | Interdependence of subsystems Emphasis on feedback loops Adaptability and flexibility | Healthcare System: Departments (radiology, surgery, pharmacy) collaborate for patient care |
Contingency Theory | Argues that there is no one best way to organize; instead, the optimal course depends on the internal and external situation. | Adaptability to the environment Fit between organization and context Emphasis on situational variables | Organizations adapting their structures to changing market conditions . |
Public Choice Theory | Applies economic principles to political science, focusing on self-interest and incentives in public sector decision-making. | Rational behavior of individuals Self-interest in public decisions Market-like efficiency in public sector | Policy-making influenced by voter behavior and lobbying . |
New Public Management (NPM) | Focuses on the relationship between principals (e.g., citizens) and agents (e.g., bureaucrats), emphasizing accountability and control mechanisms. | Information asymmetry Monitoring and incentives Aligning interests of principals and agents | Use of performance evaluations and audits in public administration . |
Bureaucracy and Democracy
Bureaucracy and democracy are two crucial elements of governance. Democracy allows the public to elect their leaders, whereas bureaucracy involves competent officials appointed through merit to implement government policies.
Positive Co-relation between Civil Services and Democracy
Aspect | Democracy | Bureaucracy |
---|---|---|
Foundation of Governance | Governance system elected by and accountable to the people. | Essential administrative machinery needed to implement policies. |
Implementation of Policies | Enacts laws and policies through elected representatives based on public opinion and needs. | Executes laws and policies, ensuring efficient delivery of services; corrects errors and avoids waste. |
Continuity and Change in Governance | Facilitates change and adaptation through elections and public opinion. | Provides stability and continuity across different government terms, functioning irrespective of election outcomes. |
Socio-Economic Development | Driven by public needs and demands, focusing on inclusive socio-economic growth. | Manages essential resources and infrastructure development; sets developmental goals for key sectors. |
Protection of Rights | Provides a framework for the protection of fundamental rights through legislation and judiciary. | In turbulent times, services like the police maintain order and protect citizens’ rights as per the law. |
Adaptability vs. Consistency | Encourages adaptability and responsiveness to current needs and circumstances. | Prioritizes consistency and regularity, which may resist rapid changes needed in governance. |
Governance Style | Promotes participation, consensus-making, and accommodates diverse viewpoints. | May exhibit a traditional, sometimes authoritarian approach to enforcing rules and regulations. |
Post-Liberalization Role | Supports entrepreneurship, private sector growth, and economic reforms like ‘Ease of Doing Business’. | Acts as a facilitator and regulator, focusing on core public sectors and supporting global economic integration. |
Citizen-Centric Governance | Focuses on inclusivity, transparency, and accountability, empowering citizens through rights awareness. | Adapting to more decentralized and citizen-focused approaches, treating civil society and private sectors as partners. |
Demanding Governance | Citizens actively participate and demand higher standards of governance and service delivery. | Faces increasing demands for accountability and transparency as citizens become more rights-aware. |
How bureaucracy undermines democracy
Aspect | Description | India-Specific Examples |
---|---|---|
Lack of Accountability | Bureaucrats are often not directly accountable to the public, leading to a disconnect between public interests and bureaucratic actions. | Reports of bureaucrats delaying responses or providing incomplete information under the Right to Information Act |
Opaque Decision-Making | Bureaucratic processes can be complex and non-transparent, making it difficult for the public to understand and scrutinize decisions. | Rafale Deal: Lack of transparency in defense procurement processes. |
Resistance to Change | Bureaucracies can be resistant to change, adhering strictly to established rules and procedures, even when they are outdated or inefficient. | E-Governance Initiatives: Resistance to adopting e-governance in rural administration due to adherence to traditional methods |
Centralization of Power | Bureaucracies often centralize power, reducing the influence of local and regional authorities and limiting grassroots participation. | bureaucracies often centralize power, reducing the influence of local and regional authorities and limiting grassroots participation. |
Inefficiency and Red Tape | Bureaucratic inefficiency and excessive red tape can delay the implementation of policies, frustrating public expectations and trust in government. | Environmental Clearances: Delays in project approvals due to bureaucratic red tape |
Self-Interest and Corruption | Bureaucrats may pursue personal or institutional self-interests, leading to corruption and misuse of power, which undermines public trust. | 2G Spectrum Scandal: Corruption in telecom license allocation undermined public trust |
Overlapping Jurisdiction | Conflicts and overlaps between different bureaucratic agencies can lead to inefficiency and lack of coordination, hindering effective governance. | MoEFCC and State Agencies: Delays in project approvals due to overlapping responsibilities. |
Lack of Public Engagement | Bureaucracies often operate with limited input from the public, reducing citizen engagement and participation in governance processes. | Limited public consultation in land acquisition processes leading to protests and legal challenges |
All India Services
The All-India Services (AIS), comprising the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS), are crucial to maintaining India’s federal structure as outlined in Article 312 of the Constitution.
These prestigious services operate under the dual control of the state governments, to which the officers are assigned, and the central government,which oversees their recruitment, appointment, and training.
Significance of All-India Services:
Significance | Description | Examples |
---|---|---|
National Integration | Promotes a unified administrative framework across states, fostering national unity and coherence. | IAS and IPS officers serve in various states, helping to integrate regional governance with national policies. |
Central-State Coordination | Facilitates seamless cooperation between the central and state governments, ensuring aligned policy implementation. | IPS officers ensure coordinated law enforcement efforts between state police forces and central agencies, maintaining internal security. |
Uniformity inAdministration | Ensures standardized administrative practices and policies across the country, reducing regional disparities. | IFS officers apply uniform forestry policies, ensuring consistent forest management practices nationwide |
Merit-based Administration | Maintains high standards of governance through rigorous, merit-based selection and promotion processes. | UPSC’s strict selection criteria for IAS, IPS, and IFS ensure that only the most capable individuals are recruited for top administrative roles. |
Professional Expertise | Offers diverse administrative experience to officers, enhancing their ability to manage complex governance issues. | IAS officers gain experience by serving in various roles such as district magistrates, state secretaries, and central government officials. |
Effective Policy Implementation | Provides continuity and consistency in the execution of national and state policies, enhancing governance efficiency. | IAS officers implement central schemes like MGNREGA and PDS uniformly across states, ensuring broad reach and effectiveness. |
Challenges Facing All-India Services
Challenge | Description |
---|---|
Hangover of the Past | Authoritarian Structure: The AIS was created during British rule and has retained a hierarchical, authoritarian structure |
Against Federalism | AIS officers are seen as agents of the central government, often clashing with state autonomy. |
Although AIS responsibilities are shared between the center and states, they are listed under the Union List (Entry 70), which emphasizes central control and sparks debate over the formation of new AIS and its implications for state autonomy and finances. | |
Assigning about 50% of AIS positions to officers from outside the state can create tensions with state services and local political leaders. | |
The requirement for state consent for central deputation has been removed, leading to increased tensions over the deployment of AIS officers between the center and states. | |
No Familiarity | Cultural Disconnect: AIS officers from different states may struggle to understand local problems and contexts, leading to ineffective governance. |
Lack of Specialization | Jack of All Trades: IAS officers being generalists are often unable to provide specialized expertise required for certain administrative roles |
Unequal Representation | Over-representation: States like Punjab, UP, Bihar, Tamil Nadu, and Andhra Pradesh have more representation, while others have less |
Financial Burden | High salary and maintenance costs of AIS officers put a financial strain on state governments. |
Procedure Over Orientation | Focus on procedural compliance rather than outcome-oriented governance leads to inefficiency. |
Lack of Separation of Functions | The mixing of policy-making, implementation, and regulatory functions leads to inefficiencies. |
Departmental Fragmentation | Ministry Proliferation: Overlapping and fragmented functions across numerous ministries lead to inefficiencies and confusion |
Hierarchy and Delays | Hierarchical nature of AIS leads to delays, corruption, and lack of accountability. |
Coordination Issues | Poor coordination among different departments and ministries leads to policy implementation failures. |
Way Forward
Sarkaria Commission Recommendations:
- Continued Relevance: AIS are as essential today as when the Constitution was framed.
- Strengthening AIS: Enhance AIS through improvements in selection, training, deployment, development, and promotion policies.
- Shift to Specialization: Move from generalist to specialist roles in public administration.
- Mandatory Union Service: All AIS officers, both direct recruits and promoted, should serve a minimum period with the Union Government, with specific deputation requirements.
- Regular Consultations: Establish regular consultations on AIS management between Union and State Governments.
- Advisory Council: Create an Advisory Council for Personnel Administration of AIS, composed of senior officers, to regularly address issues and suggest solutions.
- New AIS Branches: Encourage the formation of Indian Service of Engineers, Indian Medical and Health Service, and an AIS for Education.
Cadre-based Civil Service
Cadre refers to a small, trained group forming the basic unit of an organization. In All India Services (AIS), candidates are assigned to cadres based on their preferences, merit, and availability.
Each Indian state constitutes a separate cadre, with exceptions like Assam-Meghalaya, Manipur-Tripura, and Arunachal Pradesh-Goa-Mizoram-Union Territories (AGMUT), which are joint cadres. Cadres determine where officers will serve throughout their careers.
Recent Changes in Cadre Policy
- The Centre will determine the exact number of officers to be assigned to the Central government, in consultation with the states.
- In the event of a disagreement between the Centre and the state, the Centre’s decision will prevail, and the state will be required to implement the Centre’s decision within a specified timeframe.
Significance of Cadre-Based Services
- Impartiality and Integrity: Key administrative and police positions in state governments, called ‘cadre posts,’ are reserved for IAS/IPS officers to ensure quality, impartiality, integrity, and an all-India outlook.
- Greater Accountability: State-based cadres are more accountable as officers are responsible to their respective state governments.
- Stable Service Period: Civil servants serving in a state have a stable period to implement programs and improve service delivery.
- Greater Understanding of the Region: Civil servants working in their home state gain a better understanding of regional issues and needs.
Issues
- Recent Issues
- Historically, 25-30 percent of state cadre officers were on central deputation, but currently, less than 10 percent serve in central ministries.
- Officers often prefer state postings due to better service conditions.
- This shortage of officers affects the central government’s ability to effectively make and implement policies.
- Structural Issues
- Permanency of Cadres: Permanent cadres result in inefficiency and a narrow focus on local issues, diminishing the all-India character of civil services.
- Large Variation in Cadre Size: Significant variations exist in IAS cadre sizes relative to state populations, causing imbalances in officer distribution.
- Reluctance to ‘De-Cadre’ Positions: Some positions have lost their relevance due to changing conditions but are rarely removed from the cadre, leading to inefficiencies.
- Regional and Political Concerns
- Regionalism: Officers staying in one state tend to prioritize regional goals, which can undermine national interests.
- Political Self-Interest: Long tenures in one state can lead to bias and unethical activities due to close relationships with local political parties.
- Collusion with Local Politicians: Officers may collaborate with local politicians for preferred postings, leading to corruption.
- Functional Limitations
- Provincialization: IAS officers often do not move between state and central governments, reducing their all-India role. It hinders the adoption and spread of effective practices across different cadres.
- Specialized Positions: Cadre-based services limit the recruitment of specialists through lateral entry, affecting efficiency.
Way Forward:
- National Integration: The New Cadre Policy (2017) aims to enhance national integration, rationalize IAS cadre vacancies, and improve administrative efficiency by reallocating officers from states with surplus personnel to those with deficits.
- Varied Experience: All India Services (AIS) officers should work in different states to gain diverse experiences and learn best practices.
- Specialized Recruitment: Continue the government’s lateral entry initiative to recruit experts for specialized positions, as recommended by the 2nd ARC.
- Optimizing Cadre Size: Conduct periodic reviews to reduce unnecessary posts, preventing demoralization and misuse of transfers, and optimizing cadre size.
- Enhancing Collaboration: Foster cooperation between central and state governments through the Inter-State Council to address AIS officer requirements and serve the public interest effectively.
Lateral Entry
Lateral entry into Civil Services allows qualified candidates to join the bureaucracy directly at senior positions, skipping the usual entry process.
Benefits of Lateral Entry
- Addressing Officer Shortage: Large states like UP, MP, Rajasthan, and Bihar face a shortage of officers, hindering social and economic growth.
- Bringing in Specialists: Frequent transfers keep career bureaucrats as generalists. Lateral entry allows experts with advanced knowledge to fill specialized roles, essential in a changing geopolitical and economic environment.
- Reducing Economic Burden: Traditional recruitment involves long-term costs of salaries, pensions, and perks. Lateral entry can reduce these costs and address issues with non-performing officers due to constitutional safeguards.
- Encouraging Innovation: Professionals from the private sector can introduce fresh ideas and innovative problem-solving methods, revitalizing a traditionally rigid system.
- Promoting Healthy Competition: Lateral entry fosters competition among career bureaucrats, encouraging better performance and serving as a “perform or perish” warning.
- Merit-Based Promotions: Meritocratic promotions bring in professional experts, challenging the IAS to step out of their comfort zones.
- Existing Practice: The Finance Ministry, RBI, and NITI Aayog have successfully hired professionals like Raghuram Rajan and Arvind Subramanian, demonstrating the benefits of lateral entry.
- Adapting to New Needs: The IAS was designed for an all-powerful state, but post-1991 liberalization has shifted policy decision space to the private sector and non-profits. New India needs a new bureaucracy to match this shift.
- Utilizing Experienced Professionals: Recruiting IAS officers at a young age makes it hard to assess their administrative judgment. Lateral entry allows seasoned professionals and experts to fill this gap.
Issues
- Bypassing UPSC: UPSC, a constitutional body, ensures a credible selection process. Some experts argue that lateral entry bypasses this, raising constitutional concerns.
- Not a Comprehensive Solution: Lateral entry is seen as a short-term fix for a systemic problem. Major overhauls in the bureaucracy are needed instead.
- Unattractive Offers: Recruitment terms often aren’t lucrative enough to attract top talent. Recent initiatives offer only 3-year terms with lower pay compared to the private sector.
- Risk of Privatization: There are fears that lateral entry could lead to privatization, diluting the government’s socialist and welfare roles.
- Transparency in Recruitment: Ensuring recruits remain independent and maintaining a transparent selection process is crucial to avoid politicization.
- Threat to IAS Morale: Many IAS officers see lateral entry as a threat to their authority and morale, potentially disrupting the current hierarchy.
- End of Neutral Civil Service: lateral entry could end the neutral and impartial nature of the civil service, leading to the induction of political loyalists ans ‘spoils system’
- Risk of Influence from Private Sector: Concerns exist that private businesses might plant individuals to influence government policies.
- Lack of Familiarity with Bureaucratic Processes – Lateral entrants often lack experience with the administrative procedures and protocols essential for effective governance.
- Induction of Politically Indoctrinated Persons: There’s a risk that politically motivated individuals might be recruited under the guise of merit.
- Failed Experiment: An RTI revealed that only seven out of ten joint secretaries recruited through lateral entry are currently working, questioning the effectiveness of the initiative.
Way Forward
- Institutionalize Transparent Process: The 2nd ARC recommended a clear and transparent process for lateral entry at both Central and state levels. However, resistance from bureaucrats and institutional inertia has hindered progress.
- Facilitate NRI Entry into Foreign Service: A parliamentary committee, led by Dr. Shashi Tharoor, urged the government to allow Non-Resident Indians (NRIs) to join the foreign service to strengthen the diplomatic corps.
- Revamp Civil Service Training: In addition to lateral entry, the method of training civil servants needs significant improvement.
- Involve UPSC in Recruitment: To address concerns, UPSC should handle the recruitment process with clearly defined job requirements.
- Mandatory District Immersion: Lateral entrants should serve at least five of their first ten years in field postings, ensuring only committed and apt individuals apply.
- Easing Out Poor Performers: Implement transparent and accountable criteria to remove the worst-performing civil servants after 15 years, creating space for lateral entrants.
Civil Service Board
The Supreme Court in T.S.R. Subramanian & Ors. Vs UoI & Ors, directed the Centre, State Governments and the Union Territories to constitute Civil Services Boards with high ranking serving officers, who are specialists in their respective fields, to guide and advise the State Government on all service matters, which would ensure good governance, transparency and accountability in Governmental functions.
Civil Services Board is already in existence at the Centre for making appointments to posts covered under Central Staffing Scheme.
Authority Limits: Recommendations by CSB can be overridden by the political executive, provided reasons are documented.
Recruitment and Promotions: Responsible for entry-level recruitment and managing promotions up to the Joint Secretary level.
Transfer Regulations: Members of the CSB cannot be transferred before completing a two-year tenure unless the board reviews and approves such recommendations.
Final Authority: Despite the CSB’s advisory role, the Chief Minister holds the ultimate decision-making power.
Functions of Civil Services Board:
- Appointments and Transfers: The CSB makes recommendations for the appointment, transfer, and posting of civil servants, particularly at senior levels. This ensures that these decisions are made transparently and based on merit.
- Career Progression: It oversees the career progression of officers, including promotions and other career development initiatives.
- Disciplinary Matters: The board addresses disciplinary issues and ensures that civil servants adhere to ethical and professional standards.
- Policy Formulation: It plays a role in formulating policies related to the management of civil services, ensuring that these policies are aligned with the broader goals of governance.
- Performance Evaluation: The CSB is involved in evaluating the performance of civil servants, which is crucial for promotions and other career advancements.
Potential Impact of a Functional CSB:
- On Governance:
- Stability and Protection: CSB ensures stable tenure for civil servants, shielding them from political pressures and boosting public trust in administration.
- Effective Policy Implementation: It enables civil servants to meet professional goals and act as efficient agents of public policy.
- Good Governance: Promotes good governance, transparency, and accountability, leading to better service delivery.
- Reduces Malpractices: Minimizes corruption, nepotism, and favoritism in civil servant transfers, which are often influenced by political interests rather than public good.
- Supports Social Initiatives: Facilitates the prioritization and implementation of social and economic policies for the benefit of the poor and marginalized communities.
- On Civil Services:
- Professionalism and Efficiency: CSBs comprising experts from various fields can enhance the professionalism and efficiency of governmental operations.
- Preservation of Civil Service Principles: Ensures neutrality, impartiality, and anonymity.
- Improved Relationships: Facilitates better cooperation among ministers, legislators, and civil servants, vital for effective governance.
Negative Impact
- Fixed Tenure:
- Reduced Accountability: Fixed tenures can make bureaucrats less accountable to elected officials, potentially leading to overstepping of authority.
- Political Influence: Political executives may feel their influence is diminished, as CSB controls transfer recommendations, affecting the ability to address urgent public matters and development planning.
- Lack of Autonomy – Hota Committee has criticized state CSBs for acting more as a rubber stamp for Chief Minister’s decisions rather than as an independent body.
- Limited Scope and Authority – The CSB can only recommend transfers and postings, but the final decision rests with the political executive, limiting the board’s impact
- Inconsistent Implementation – There is variability in how different states implement CSB guidelines, leading to inconsistencies in administration.
- Lack of Accountability Mechanisms – Absence of a formal review process for CSB decisions allows for potential biases and lack of transparency
Steps taken by government
Reform Measure | Elaboration |
---|---|
Lateral Entry | To bring in fresh talent and expertise from the private sector, the government has appointed domain experts as Joint Secretaries in various ministries. This initiative aims to infuse professional management practices and new ideas into the civil services. |
Mission Karmayogi | This comprehensive reform initiative focuses on building the capacities of civil servants through continuous learning and training. The iGOT (Integrated Government Online Training) platform offers customized learning paths based on the roles and responsibilities of officers. This initiative aims to create a more competent and future-ready civil service. |
Performance-Based Appraisal System | The Department of Personnel and Training (DoPT) has revamped the appraisal system to include 360-degree feedback. This holistic approach involves feedback from peers, subordinates, and superiors to ensure a more accurate assessment of officers’ performance, thereby promoting accountability and meritocracy. |
E-Governance Initiatives | The implementation of e-Office and other digital tools aims to streamline administrative processes, reduce paperwork, and enhance transparency and efficiency. These initiatives facilitate real-time monitoring and faster decision-making across government departments. |
Strengthening Accountability Mechanisms | The establishment of independent bodies like the Lokpal and Lokayuktas to investigate and address corruption and misconduct in public offices has enhanced accountability. |
Way Forward
Recommendations of 2nd ARC
- Enhancing Accountability in Civil Services
- Implement two key reviews at 14 and 20 years to assess and inform civil servants about their performance and future in service. Discontinue those unfit at the 20-year review.
- Suggest a fixed initial employment term of 20 years, with continued service contingent on performance evaluations.
- Refining Performance Management
- Reform performance appraisals to be more consultative and transparent, akin to the PAR system for All India Services.
- Include continuous performance evaluations, complete with semi-annual reviews and specific performance targets.
- Create a structured Performance Management System (PMS) that aligns with the strategic goals of respective departments.
- Specialization and Competition in Senior Appointments
- After 13 years of service, assign civil servants to specialize in fields like urban development or security to enhance job suitability.
- Open senior roles to competitive selection from all services and incorporate open-market hires for top positions.
- Establish a Central Civil Services Authority to oversee postings and manage high-level recruitments.
- Streamlining Disciplinary Processes
- Clearly define disciplinary procedures in the Civil Services Law to ensure natural justice while avoiding cumbersome legal processes.
- Optimize the inquiry process into a concise interview format, and streamline consultations with the Central Vigilance Commission and UPSC to expedite disciplinary actions.
- Strengthening Political-Civil Service Relations
- Enforce a code of ethics to maintain the impartiality and neutrality of civil servants.
- Revise the Prevention of Corruption Act to explicitly penalize abuse of authority and obstruction of justice.
- Regularize recruitment practices to enhance fairness and reduce potential for corruption, emphasizing competitive exams over interviews.
- Other Vital Recommendations
- Promote specialized public administration education through National Institutes and select universities to prepare candidates specifically for civil services.
- Adjust age and attempt limits for Civil Services Exams based on categories to ensure equitable opportunities.
- Mandate regular and career-stage specific training for civil servants, linking training completion to promotions and confirmations.
- Recognize exemplary service through national and local awards, and ensure merit-based selection for international assignments by the Central Civil Services Authority.
Recommendations of the Hota Committee
- Fixed Tenure for Officers: Officers in higher civil services should have a guaranteed tenure of at least three years with set annual performance goals.
- Enactment of a Civil Services Act: A Civil Services Act is recommended to give statutory status to the Civil Services Board/Establishment Board at both state and central government levels.
- Oversight on Chief Minister’s Decisions: If a Chief Minister overrides the recommendations of the Civil Services Board/Establishment Board, they must provide written reasons for their decision.
- Grievance Redressal Mechanism: Officers transferred before completing their tenure, even by order of the Chief Minister, can appeal to a three-member Ombudsman.
- Accountability for Premature Transfers: The Ombudsman must report any premature transfers to the state Governor, who will then present this report to the State Legislature as part of an Annual Report.
Supreme Court Directives
In 2013, the Supreme Court issued directives to shield civil servants from political interference and prevent their frequent reassignment by political leaders. These guidelines were outlined in T.S.R. Subramanian vs. Union of India case.
- Actions Based on Written Directives: Civil servants, especially those in the IAS and other All India Services, must base decisions solely on written communications to ensure accountability.
- Formation of Civil Services Board (CSB): Establish a Civil Services Board, led by the Cabinet Secretary nationally and chief secretaries at the state level, to manage IAS, IFS, and IPS officer transfers and postings. Overrides by political executives require written justification.
- Civil Services Act Legislation: Advocate for the passage of a Civil Services Act under Article 309 to officially set up and delineate the functions of the CSB.
- Fixed Minimum Tenures: Implement guaranteed fixed tenures for civil servants to promote job stability and minimize arbitrary reassignments.
- Authority for Group ‘B’ Officer Transfers: Transfer responsibilities for Group ‘B’ officers are to be assigned to heads of departments, aiming to reduce extensive political interference.
- Reduction of Political Interference: Restrict ministerial involvement in civil servant transfers and postings strictly to the chief minister, aiming to lessen undue political influence.