Political Diary

New Delhi, 2 November 2013

Straw back To Steel Frame

WILL OUR NETAS OBLIGE?

By Poonam I Kaushish

Bureaucracy is a giant mechanism operated by pygmies who wag their tales in front of their political mai-baaps. Not if the Supreme Court has its way and say, our putrefied system could be relegated to the dustbins of history! With the people hopefully having the last laugh!

In a landmark judgment Thursday last, the Supreme Court blamed “political influence” for “the deterioration of the standards of probity and accountability” of civil servants and asked the Centre and all State Governments to take steps within three months to insulate the bureaucracy from political pulls and pressures.

This was not all. Acting on a two-year-old PIL filed by 83 retired bureaucrats, the two-judge Bench also ruled that the political masters should mandatorily issue written instructions and directed babudom to put in writing all “orders, verbal oral instructions, suggestions, proposals etc they get from their superiors and others in power”.

Further, the Court sought an end to frequent transfers of officials to insulate them from political interference particularly in States where transfers and postings are synonymous with the whims and fancies of netas and administrative superiors for ‘other considerations’. Towards that end it sought a fixed minimum tenure to enable civil servants achieve their professional targets, ensure increased efficiency and function as effective instruments of public policy.

Besides, it asked States to create Civil Services Boards (CSBs) consisting of high-ranking officials and experts headed by the Cabinet Secretary at the Centre and Chief Secretary in States to guide and advise the State Government on premature transfers, postings, reward and punishment matters, till Parliament enacts a law. But the Boards' could be overruled by the political masters,

Questionably, will the babus have the courage to correct themselves and overcome red tape? Would it result in efficient service delivery? Bring greater transparency in Administration? Especially in departments where citizens have a direct inter-face with various Government agencies? Would it prove more effective in tackling entrenched vested interests and corruption?

Yes and no. True, on the face of it the Court could be accused of judicial overreach, but our neta-babu sleazy nexus needed urgent rectification. Given that of the main causes for the lack of accountability and corruption within officialdom is political interference. Wherein, every change of political guard babudom goes through an upheaval of transfers. “Undesirables” are shunted out to bring in their favourites and powerful and lucrative slots are given to chamchas who kow-tow their mai-baaps and get promoted speedily without any regard to seniority or merit but also join the politician in looting the country.

Ulta Pulta Pradesh today represents the revolting truism of India’s executive and administrative system gone horribly wrong. Encapsulated by none other that Chief Minister Akhilesh who transfers IAS and police personnel at a drop of a hat. Remember Durga Shakti Nagpal who was suspended for ostensibly ordering demolition of a mosque’s boundary which could lead to “communal disharmony”, notwithstanding the real reason that she was an impediment for illegal sand mining.

And  Haryana’s Ashok Khemka transferred 43 times in 20 years, recently due to Sonia’s son-in-law Robert Vadra's case. Himachal’s Yunus and Tamil Nadu’s Ashish Kumar too were removed for disallowing the sand mafia.  Poor Kashmir’s Sonali Kumar was booted out for serving sandwiches instead of biryani to the Ministerial brood!

Asserted former Cabinet Secretary Naresh Chandra, “The problem is endemic in States like UP and Tamil Nadu, where Chief Ministers have failed to draw a distinction between "political direction and political interference. The neta-babu nexus is so wide and perfected to the T that both working in tandem to mutual advantage.” This treacherous nexus was lucidly portrayed in the 1995 Vohra Committee report, which continues to gather dust.

Lamented U.C. Agarwal, former Central Vigilance Commissioner: “The political identification of officials is so marked that even the bureaucracy is able to predict as to who will occupy which top post, if ‘X’, ‘Y’ or ‘Z’ political party or individual comes to power!” Consequently, most babus have little interest in taking any initiatives and are willing to make self and boss-serving compromises with the fundamentals of administration.”

On the obverse this judgment does not wholly frees the bureaucracy from political supervision as the CSB's advice can be overruled by the political masters, though after appending valid reasons. Also, a question mark hangs over implementation of the order as States have refused to adopt fixed tenures for civil servants despite the Central Government 2007 diktat urging them to do so.

While 10 States including Bihar, MP and Maharashtra are non-committal, UP, Gujarat, Punjab and Meghalaya have outrightly refused, Haryana and Karnataka which have adopted the policy are offering an average of 13 months fixed tenure to officers. Moreover, even seven years after another SC ruling on sweeping police reforms to make the force professional and free from political interference is still gathering dust.

Clearly, the Supreme Court judgment can only do so much. The Government has to break the political-bureaucratic coterie. Each transfer order should be justified on paper. If officials are constantly looking over their shoulders in fear of being booted out to some backwater, they will turn into craven servants of netas, rather than working for public purpose.

What kind of a system of governance then lies ahead of us? In today’s global village where highly specialized skills are needed it must overhaul and revamp rules, regulations and laws governing the functioning of businesses and economy. Additionally, introduce a system of lateral entry of specialists and technocrats from the private sector as in the US. One Nandan Nikelani or Raghuram Rajan is not enough.

Simultaneously, it must freeze the number of senior positions and desist from creating redundant posts to accommodate favourites. Serious thought should be given to ushering in a qualitative change in the bureaucracy. Till we have better people, with good educational qualifications, wider exposure and sound moral values, nothing can change at the ground level.

The writing is on the wall. It is time the bureaucracy shrugs off inertia and restores its professionalism based on absolute, not obsolete principles. Civil servants must give serious thought to determining what action needs to be taken collectively to remove administrative deficiencies, expose political malfunctioning and restore the system One way is to internalize the zero tolerance principle and the "sunset principle" as in the US. Under this method, justification for any Governmental activity is all the time under scrutiny so that no acts of misdemeanour take place.

Undeniably, if our babus do not change their sense of values, they will become increasingly irrelevant. See how the country’s is rapidly progressing despite them.  They might exist by the sheer force of Newton's First Law of inertia but would not be playing a role which would make them a meaningful part of the governance.

It is their responsibility to see that the Government functions for the people. Will our bureaucrats rise to the occasion and cook a snook at the political master? Or rot and rust in mediocrity?  Or will it be remembered as the conversion of human energy into solid waste! ---- INFA

(Copyright, India News and Feature Alliance)