Events & Issues
New
Delhi, 2 December 2013
Empowering
Bureaucracy
HAS
CENTRE, STATES YEILDED?
By Dhurjati
Mukherjee
A month has passed since the Supreme
Court passed an order to insulate the bureaucracy from the pressures of their
political bosses. There is no feedback as to whether any headway has been made
in this direction by both the Centre and the States. They had been directed to
put in place a system to ensure that all orders from superior officers shall
ordinarily be in writing. It said so because it observed that “the deterioration
of the standards of probity and accountability with the civil servants is due
to the political influence of persons purporting to represent those who are in
authority.”
Interestingly, the need for good
governance has been echoed by various Governments but for little action has
been taken over the years. Though the performance of the Central Government (minus
the aspect of corruption) is better compared to most States and some positive
steps have been taken to gear up efficiency, the case is not so with the State
governments. As is well known, the bureaucracy has come in for severe criticism
for following a partial policy and trying to appease the party in power.
The politician-bureaucracy nexus has
hampered development and has been one of the causes for the increase in corruption.
One may recall that way back the 2nd Administrative Reforms Commission Report (2006)
had suggested that appointments should be made for an initial period of 20
years after which, based on satisfactory performance, the tenure of Government
officials would be increased. Sadly, the then Government did not accept the
recommendation as politicians feared that such a bold step would not go down
well as most of them carried out work according to their whims and fancies.
Will the present Governments relent
and abide by the Supreme Court order of October 31 wherein it stated hat civil
servants should follow only written instructions from superiors so as to help
them against “wrongful and arbitrary pressure from administrative superiors,
political executive, business and other vested interests”. One may mention here
that the Hota Committee (2004) and much earlier the Santhanam committee (1962)
had clearly stated the necessity of recording instructions by public servants.
The apex court also issued two other
directives which include that one, all civil servants be given a minimum fixed
tenure at a particular place of posting before they are transferred, and two, a
Civil Services Board be formed at both the Centre and in each State to advise
the Government on matters such as postings, transfers and disciplinary action.
The bench of Justice K. S.
Radhakrishnan and Pinaki Chandra Ghosh in their 47-page judgement gave the
Centre and the States three months to implement the directives, clarifying
these would be in force only till Parliament enacted a law to deal with the
issues raised. The directions came on a public interest litigation moved by a
group of 83 retired civil servants, seeking reforms to ensure the integrity and
independence of civil servants. This group included former Cabinet Secretary T.S.R.
Subramanian, ex-CECs T.S.K Murthy and N Gopalaswamy
and National Advisory Committee member, N.C. Saxena.
The order has undoubtedly given a
boost to honest and upright officers, who feel that they would now be able to
take correct decisions without fear of reprisals. However, the fact that those
who toe the line of the senior bureaucrats and the politicians would be
favoured is a grey area. This apart, perhaps the court could have also have
considered suggesting that those taking verbal orders on major decisions could
face penalty.
In most States, it has become the
practice to carry out the orders of politicians even when these are against the
rules and intended to favour an individual or group. An opinion in the country
is that most civil servants do not have the nerve to disobey their seniors,
fearing transfer and delayed promotion. A very few who stand up and are
unwilling to go beyond rules are penalized in various ways and have to suffer
the consequences.
The practice of getting things done
by those who are close to the seat of power has been another malaise in the
functioning of the administrative machinery. People residing in cities or
district capitals get their work done easily due to various reasons while those
residing in villages and backward areas have to suffer in getting their
legitimate demands/grievance redressed.
There is now talk of reforms in
every sphere but nothing can be of much help if there is no good governance and
adherence to rules and regulations of the land. The urge for adherence to rules
is quite low as the rich and powerful seem to revel in the belief that they are
above these regulations while the uneducated and the poor are mostly ignorant
about these.
To enable the Government machinery
to move fast and make the process of governance inclusive and responsive, there
is need for impartiality and strict adherence to rules. Whether in matters of
following guidelines in land acquisition, mining or getting environmental
clearance – the areas where there is immense political pressure – the
prevailing rules are quite adequate and need to be followed. Moreover, no
intervention should be permitted in protecting those involved in murder,
violence, rape etc. whatever political connections they may flaunt.
If in all segments of the Government
machinery, there is independence of the civil servants, the vested interests
would not be allowed to intervene and jeopardize the efficient functioning of
the system. This is imperative at this juncture for development to be fast and
responsive to the needs and demands of the poor and the economically weaker
sections of society.
Apart from all this, there has to be
strict monitoring of the performance of civil servants at all levels and impart
necessary training to improve their functioning. There is no prevailing system
of the Government of rewarding those found to be efficient though the 6th Pay
Commission had suggested giving one extra increment to this category of
employees. It is necessary that extraordinary performance needs to be rewarded
at all levels so that there would be a motivation to improve performance. The
civil servants should too be able to carry out their duties with fear or favour
and look forward to incentives in carrying out their responsibilities
faithfully. --- INFA
(Copyright,
India News and Feature Alliance)
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