ROLE OF CIVIL SERVICE IN A DEMOCRACY

Civil service is also known as the permanent executive. It is seen as the backbone of a state machinery. Civil services are characterised by the values of objectivity, neutrality, empathy, professionalism, discipline and sincerity, some of the problem that afflict civil services are nepotism, corruption, inefficiency, red – tapism, excessive interference and conflict between minister and civil servants.

INTRODUCTION

In a democracy, power is in the hands of the people. This power is exercised through their elected representatives who have the mandate to govern them for a specific period. The civil servants by virtue of their knowledge, experience and understanding of public affairs assist the elected representatives in formulating policies. They are also responsible for implementing these policies.
Parliamentary democracies of India and United Kingdom are usually characterized by a permanent civil services which assist the political executive. Under the president form of government (like in the United States), the higher ranks of the civil service are, in contrast appointed by the government (spoils system)
The role of civil services is changing with the changing needs of the society. Before exploring the roles of civil services. It is important to understand the nature of civil and its historical evolution. This discourse would highlight the role of civil services in the changing times

ORIGIN OF CIVIL SERVICES 

Civil services refer to the body of government officials employed in civil occupations that are neither political nor judicial. The origin of meritocratic civil services can be traced back to Imperial China as early as 3rd century BC, where exam based on merit was designed to select the best administrative officials for the state’s machinery.
In 18th century, expansion of British empire and industrial revolution necessitated the institution of bureaucracy to carry out the humongous task of law and order, trade, commerce, etc. in general, the staff were appointed through patronage or outright purchase. But a number of Englishmen wrote in praise of Chinese examination system and rest is a history with the establishment of East India Company College near London. Meritocracy and professionalism became a hallmark of British bureaucracy.
In United State of America also, the civil service reform intensified after the assassination of James A. Garfield in 1881. Spoils system ( also known as Patronage System) moderated with the passage of the Pendleton Act in 1883, which created a bipartisan Civil Service Commission to evaluate job candidates on a non – partisan merit basis. By 1900 most federal jobs were handled through civil service and the spoils system was limited only to very senior position

Need of Independent Civil Services

Due to following reasons, independent, permanent and impartial civil service is required

• The spoils system has the propensity to degenerate into a system of patronage, nepotism and corruption. Conducting a credible recruitment process through an impartial agency provides a defense against such abuse.
• Public policy – making today has become a complex exercise requiring in – depth knowledge and expertise in public affairs. A permanent civil service provides continuity and develops expertise as well as institutional memory for effective policy – making
• A permanent and impartial civil service is more likely to assess the long – term social payoffs of any policy whereas the political executive may have a tendency to look for short – term political gain
• A permanent civil service helps to ensure uniformity in public administration and also acts as a unifying force particularly in vast and cultural diverse nations
• A permanent civil service like any other reputable profession is likely to evolve over time an ethical basis for its functioning 

Civil Service in Ancient Times

The concept of civil services or public administration system in India has a long history, going back to ancient times in the earlier era, the civil servants performed the role of servants of the king. The Mauryan administration  employed civil servants in the name of Adhyakshas and Rajukas. The examination for civil servants in those days was very stringent as revealed in Kautiya’s  Arthashastra. The expense of the territory and the need to hold it intact made it imperative for the Mauryan administration to recruit civil servants based on merit. During the medieval period, they became state servants, who helped in the development of land revenue system during the Mughal period

Civil Service Under British Rule

The British Government set – up the civil services, primarily with the objective of strengthening the British administration in India. In this period, the role of civil services was to expand the British interest and its role was totally regulatory. Later on they assumed developmental roles also
The modern history of the Indian Civil Service (ICS) starts with the East India Company. It was as early as AD 1800 that Lord Wellesley realised that the administrators of the empire required higher education, expertise and character. Therefore, he established the College of Fort William where every employee of the Company was to be sent for a three – year course of education of the standards of the universities of Oxford and Cambridge. Among other subjects taught were ethics    and international law. In addition, Indian history and oriental languages were also taught

Court of Directors

The directors, however, while accepting the proposal, decided that the college should be in England. After that for a half – century and more, all members of the civil services were educated and given special training at the East India college at Haileybury, England
the method of recruitment was by competitive examination, but the method of entry was through nomination by the Directors
In 1853, the competition becomes an open one. The examination for the ICS took place in London and the curriculum, according to which the merit of the candidates was determined, was such that Indians had little chance of competing successfully unless they were rich and had studies at a school in England
the constant demand of the Indian National Congress since its birth in 1885 was to increase the number of Indians in the ICS. Consequently, the curriculum was first widened and then in 1922, a parallel examination began to be held in India. The end result was that at the time of the transfer of power, half the members of the ICS were Indians.

Civil Services in Post Independence India

In the initial years after Independence, relation between ministers and civil servants were characterised by mutual respect. They understand each other’s respective roles, with neither encroaching upon the other’s domain. However, in subsequent years, matters started changing for the worse. While some civil servants did not render objective and impartial advice to their ministers, often some ministers began to resend advice that suited their short – term political interest
There was also a tendency for some minister at the union and the state levels to focus more on routine administrative matters such as transfers in preference to policy making. At the same time, some civil servants learnt the art of ‘maneuvering’ for favours in return for flexibility in their decision – making. This trend further became noticeable by rising materialism and acquisitiveness in society as well as decline in values across the board.
In 1960s, bureaucracy was held responsible for the failure of development administration in India. As a result, the idea of committed bureaucracy was floated to commit civil servants to the goals and objectives of the public policies of the then incumbent government. But it became a breeding ground for pliant, partisan and politically influenced bureaucracy.

As result of this, ‘Political neutrality’, which was the hallmark of the civil service in the pre – independence era as well as in the period right after independence, was gradually eroded. These trends led to the phenomenon of ‘politicisation of the civil service’ in India

Area of Conflict

The areas of potential conflict in the relationship between the political executive and the permanent civil service can be identified as follows:

• The concept of neutrality which strengthens relation between the Political Executive and Civil Servants’ advisory role in policy making
• Statutory role of the civil servants
• Discharge of delegated functions
• Appoints/Recruitment to the civil services.
• Transfers and postings of civil servants

Nepotism and Corruption

After independence, Indian Civil Service or bureaucracy as a whole gradually developed a corruption – ridden system marked by nepotism and corruption. It has been still carrying on the heritage of British Civil Service, largely embedded with feudal mentality and considered as the centre of power which is reflected through the Red Beacon Light on the Ambassador car with bodyguards, showing power and dominance over the common. Poor and illiterate men
The Indian civil servants also indulge in making black money with the means of nepotism, i.e. through NGOs and close relative may be wife, or friends. This states that absolute power corrupts absolutely.
The Administrative Reform Commission has also discussed widely prevalent corruption and nepotism in civil service. It remarked, “The system often suffers from problems of excessive centralisation and policies and action plans are far removed from the needs of the citizens. This results in a mismatch between what is required and what is being provides.”
It can be reasonably concluded that corruption and nepotism in Indian bureaucracy have political as well as administrative linkages. It has become a structural part of the system. The final solution lies in reforms at the recruitment level, transparency in decision – making attitudinal changes of bureaucrats and strict laws against corruption.

Inefficient Bureaucracy

According to a survey, conducted by Honk Kong based Political and Economic Risk Consultation (PERC), India has been named as having the most inefficient bureaucracy in Asia. It further says that “politicians frequently promise to reform and revitalise the Indian bureaucracy, but they have been ineffective in doing so, mainly because the civil Service is a power centre in its own rights” It remarked that “dealing with the Indian bureaucracy can be one of the most frustrating experience for Indians, let alone a foreign investors.”
Kautilya’s Arthashastra  prescribed loyalty and earnestness as the two main qualities for a civil servant. He also suggested some checks and balances with a continuous watch on their performance and feedback on their work to the king.
Bureaucracy is a hierarchical and unyielding institution. The frequent incidents of civil servants being hauled to court on charge of corruption or nepotism have made the Indian public scornful of the bureaucracy
A research paper of the Harvard University titled ‘Political change and bureaucratic turnover in India’ November, 2009 explores the phenomena of power of politician to transfer bureaucrats to retain control over them report that the average tenure of IAS officers is merely 16 months. In India, bureaucrats who speak out against corruption are a threat to powerful politicians. They are vulnerable to being demoted, transferred, suspended and even dismissed. The bonafide examples of these are the cases of Durga Shakti Nagpal in Uttar Pradesh and IAS Ashok Khemka of Haryana Cadre
Government plans to ease out inefficient officials by forcing them to compulsorily retire from service. The secretaries of government departments will head committees to review the performance of staff.

Red – Tapism in Bureaucracy

The concept of Red – Tapism refers to excessive regulations and rigid conformity to the formal rules in the bureaucracy. It implies collection of forms and procedures required to gain bureaucratic approval for something. This process is highly complex and time – consuming. It also includes, filling and certification requirements, reporting, investigation, inspection and enforcement procedures.
There are so many formalities and procedures at each stage and the so called Babu (Bureaucrat) manipulate and brainwash the common man for bribe, that he leaves the process in the midway. File moves from  one table to that of another and it takes too much time for its final completion  the Indian bureaucracy is commonly perceived as centre of power, prestige, money and luxury in the office. The bureaucratic culture is largely pre – occupied with this motive. Sense of service is missing in the system. For example, to get a driving licence, a man has to visit office again and again for formalities and spite of that, there is no surety of timely delivery of the licence until he is not paying money to the Babus
In Indian set – up, a common man when approaches a bureaucratic office, he has to face many hurdles and problems in getting the job done.
Red – tapism is a major hurdle in the socio – economic development of India. Due to these hurdles , the developmental – related projects are delayed, which affect the process of development. The different types of No Objection Certificates (NOC)      and certifications are issued by the different office and departments. It should be made available on a single platform. Under the e – governance plan government has started one can frequently face such type of complexities and hurdles.

Political Interferences in Civil Service

In India, the relationships between the civil servants and politicians have remained conflicting. Elite politician, political parties, MLAs and MPs try to force the bureaucrats to do the things in favour of them which contradicts with the ideal rules of ethical governance. Many times, political pressures, conflicts or defects which result in anger and frustration in politician and political party are released on bureaucrats in the forms ideologically or for the realization of their vested.
Interests have close association with the party and leader (especially the ruling one). They serve their interest or that the party but not to the common man’s or the duties assigned
Thus, the issues of neutrality or non – attachment are very significant in this context. Suggesting sweeping reforms in the functioning of bureaucracy, a bench headed by Justice KS Radha Krishna said that the Parliament must enact law to regulate postings, transfers and disciplinary action against bureaucrats. The bench said that giving a fixed minimum tenure to civil servants will not only promote professionalism and efficiency, but also good governance. The bench ordered the Constitution of the Civil service Board at the centre and state levels Bureaucracies are generally show moving, rigid and self – perpetuating. The Indian bureaucracy is no exception. But some features are differently found in Indian bureaucracy.  The elite bureaucracy has not yet squared the idea of devolution of power. They tend to seek to manage everything or have a role in every policy. This has over – burdened the bureaucracy, but has not stopped it from accumulating more powers.

Issue of Neutrality

The Weberian model of bureaucracy advocates objectivity, value, neutrality, formality , independence, formally defined rules, impersonation and others. Most elaborated issue is that there is a nexus between politician, bureaucrats and the capitalist class and the trio exploits the proletariat or working class. In modern times, unlike during the British phase, civil service in India has largely been politicised. Most of the civil servants indirectly work as an agent of certain political party or politician. They provide all administrative support to their concerned political party or boss. During the British phase. The bureaucrats remained totally neutral from any political changes or activities   there are so many factors responsible for decline in neutrality in bureaucracy.
Firstly, the process of policy making is no longer confined to the political executive. The bureaucrat plays an imporant role in it. The legislative behavior follow no consistent pattern.
Secondly the decline of neutrality can be attributed to the demands and pressures of coalition politics.
Thirdly, value neutral bureaucracy, is possible only in a society where consensus exists on values, but in traditional societies like India, where dissent and conflict exist, it is too much to expect anyone to be neutral  concept of neutrality was emphasised by Sardar Vallabhbhai Patel to maintain an efficient bureaucratic structure. It was envisaged that bureaucracy would be free from the clutches of political structure and would carry their mandates without fear and favour. However, in the contemporary era the mass transfer of bureaucrats with change in government imposes certain tendencies on bureaucrats to seek patronage and favour of politicians. In nutshell, concept of neutrality is a myth.

There are two constitutional safeguards provided under Article 311 of the Indian Constitution. They are as follows:

• Clause (1) of Article 311 addresses itself to the authority which can impose any of the punishments of dismissal or removal.

According to this, no order of dismissal or removal can be made by an authority subordinate to the appointing authority is of the same or co – ordinate rank or grade as the appointing authority then, dismissal or removal by such authority is valid

• Clause (2) of Article 311 provides the procedural essentials to be followed before dismissing removing or reducing in rank Article 311 (2) mandates the compliance of the principles of natural Justice. A civil servant cannot be punished without. (a) holding an enquiry; and (b) informing the civil servant about the charges against him; and (c) giving him a reasonable opportunity of being heard in respect of those charges.
  The enquiry contemplated by Article 311 (2) is generally known as departmental enquiry and the Constitutional requirements for a proper enquiry within the meaning of Article 311 (2) are two – fold

 (i). The civil servant must be informed of the charges against him; and the civil servant against whom a accusation of misconduct is made must be ‘Formally’ informed i.e. to say those acts or omissions of the public servant which are termed as misconduct under the Service Rules usually referred to as Conduct rules. But acts or conduct not covered by such may still amount to misconduct. It is fundamental and essence of the concepts of fair play and justice that a person should known why he is being charged
(ii).  He must be afforded a reasonable opportunity of being heard in respect of those charges. Neither the General clauses Act nor the Constitution defines ‘reasonable opportunity’. Reasonable opportunity here too refers to the rules according to Principles of Natural Justice. Broadly, it implies an opportunity to deny the guilt alleged in order to establish innocence, to defend by examining himself and his witnesses.

• There are some notable exceptions in Article 310, which has adopted the English Common Law rule that public servants hold office during the pleasure of the President or the Governor. 

Many civil society organisations and political leaders have said that Article 311 has come in the way of bringing corrupt civil servants to book and Article 311 would require a revisit
They have also said that Article 311 of the Constitution might be repealed along with Article 310, and legislation should be passed under Article 309 to provide for the terms and conditions of service of public servants, including necessary protection against arbitrary action
There is a feeling that the protection given to the public servants under Article 311 of the Constitution of India is being used to create obstacles for expeditious punitive action.

Second ARC report has highlighted agenda for reforms of civil services in detail. Some key points are :

• Recruitment It should consist of devising a system which apart from being based on merit should enlarge the pool of candidates from the best and brightest education system. Besides the candidates for civil service should be recruited at an age when it would be possible to imbue them with the right kind of values.
• Training It is critical component of human resource development. Civil Service trainees should be exposed to new management skills as wells as concepts such as team work, Public Private Partnership, managing in networks and issues relating to corruption
• Tenure The government’s inherent right to transfer a civil servant needs to be balanced against the requirement of stable tenures to ensure effectiveness and the need for independence in law – enforcing posts.
• Domain Competency The increasingly complex challenge of modern administration demands higher levels of knowledge and deeper insights from public servants. Civil servants especially in policy making should possess in depth knowledge of the sector acquired through academic qualifications, field experience, managerial exposure, training and self study
• Performance Management System It would involve setting goals which are measurable at all levels, monitoring performance of each unit and individual within the organisation, developing the capacity to perform, rewarding good performance and managing under performance
• Competition for Senior Executive Position It means that the society should be given opportunity to perform the most challenging tasks in government at higher level policy advice, managerial and professional responsibilities
• Results Oriented Civil Service the existing governance systems are heavily dependent on rule – based approaches. These are a pre – occupation with process, adherence to procedures, conformity with budget provisions and economy of inputs. The focus should be to be develop a management framework that would manage for results by developing robust indicators to assess performance in terms of results by setting key performance indicators

Parallel to the Union Public Service Commission at the Centre, there is a State Public Service Commission (SPSC) in a state. The Article 315 to 323 also deal with State Public Service Commission

Constitutional Provision for SPSC

According to Article 315 of the Constitution, there shall be a Public Service Commission for each state. There shall be a Joint Commission if two or more states agree in this regard. For a Joint Commission to be created, the individual states in their respective Houses have to make a resolution and thereafter Parliament may provide for law in creation of a Joint Commission. Such a law in creation of a Joint Commission may have incidental or consequential Provisions to that effect from the law. The Governor may be representative of the President to serve the needs of the Public Service Commission of the state.

Appointment and Term of the Members in SPSC

The Chairman and other members of State Public Service Commission are appointed by the Governor. A member of State public Service Commission shall hold office for a term of 6 years or until he attains age of 62 years, whichever is earlier. A member of State Public Service Commission may resign writing to the Governor of the state. He may be also removed according to Article 317 from his office. A person after expiry of his term shall be ceased for re – appointment to that office. 

Removal of a Member of SPSC

The Chairman or any other member of a State Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour. It is only done after the Supreme Court has held inquiry in accordance with the President. Thus, the Chairman and members of SPSC are appointed by the Governor but they can be removed only by the President

Independence of SPSC

The Chairman of State Public Service Commission shall be eligible for appointment as Chairman or any other member of Union Public Service Commission or as chairman of other State Public Service Commission , But he is not eligible for any other employment of State. A member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the chairman of that or any State Public Service Commission . But he is not eligible for any other employment either under the Government of India or the Government of State. All the expenses incurred of the state shall be charged on Consolidated Fund of State.

Functions of SPSC

It is the duty of State Public Service Commission to conduct examinations for appointments to the services of state. The State Public Service Commission as the situation may decide in following matters :

• Matters relating to appointment to civil services and for civil posts
• Matters relating to appointment to civil services and posts, promotions and transfer
• Matters relating to disciplinary matters
• Matters relating to claims in monetary issues, if any should be paid out of consolidated fund of India or in case of State, from consolidated fund of state.
• Matters relating to pension issues.

All regulations made by the Governor shall be laid before Houses of Legislature for 14 days for any changes or modifications. The State Public Service Commission shall present an annual report to the Governor in which it shows its work in the year and the Governor shall laid it before House of Legislature.  And the Joint Commission shall present an annual report to the Governor of each state in which it shows its work in the year and the Governors shall laid it before the House of Legislature of each state

Limitations of SPSC

Reservations of appointments of posts in favour of any backward class of citizens are outside the purview of SPSC
Considerations of claims of SCs and STs are outside the purview of SPSC
State Public Service Commission recommendations are only advisory in nature and not binding on Governor or Government of State