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GS Paper: GS2-16.Role of Civil Services in a democracy.

  • “Institutional quality is a crucial driver of economic performance”. In this context suggest reforms in Civil Service for strengthening democracy.

    Civil services, as the steel frame and core institution of governance, plays a decisive role in policy formulation, implementation, and Economic growth.

    Reforms in Civil Service to Strengthen Democracy

    Political Reforms

    Political Neutrality: Ensure insulation from political interference through Civil Services Boards as per T.S.R. Subramanian Case (2013).

    Transparency in Appointments: Adopt merit-based and open selection for key administrative posts.

    Continuity in Tenure: Fix minimum tenure for key field officers to ensure policy stability and accountability.

    Decentralisation of Power: Strengthen PRIs and ULBs by devolving funds, functions, and functionaries, promoting participatory democracy.

    Institutional Reforms

    Capacity Building: Implement Mission Karmayogi for continuous learning, digital skills, and behavioural transformation.

    Performance Management: Introduce outcome-based appraisals and digital tools like SPARROW.

    Code of Ethics: Institutionalise a Civil Services Code of Ethics promoting integrity, impartiality, and empathy.

    Ethical Auditing: Conduct periodic integrity audits through initiatives like Mission Satyanistha (Indian Railways).

    Reform Commission: Establish a Permanent Civil Service Reform Commission for policy evaluation and innovation.

    Economic Reforms

    Efficiency and Cost Optimisation: Encourage outsourcing of non-core functions for better utilisation of resources.

    Technology Integration: Use AI, CPGRAMS, and e-Office for efficient, transparent, and real-time service delivery.

    Social Reforms

    Citizen-Centric Governance: Implement Citizen’s Charters and Right to Service Acts to ensure time-bound service delivery.

    Public Participation: Enhance citizen engagement platforms such as Prashasan Gaon Ke Sang Abhiyan (Rajasthan).

    Value Orientation: Reinforce integrity, empathy, compassion, and public service motivation among officers.

    Inclusivity: Promote gender and social diversity in recruitment and leadership positions.

    A reformed service structure is essential for fulfilling the 2nd ARC’s vision of a proactive, accountable, and responsive administration.

  • The Doctrine of Democratic Governance makes it necessary that the public perception of the integrity and commitment of civil servants becomes absolutely positive. Discuss.

    The Doctrine of Democratic Governance implies that governance derives its legitimacy from the will of the people.

    Under this doctrine, civil servants act as trustees of public interest, and hence, a positive public perception is vital for sustaining democratic legitimacy.

    Importance of Integrity and Commitment of Civil Servants

    Integrity ensures credibility of government institutions and strengthens citizen confidence in the administrative system. Eg- Swachh Bharat Mission, Beti Bachao Beti Padhao.

    Moral Legitimacy of Governance – A bureaucracy perceived as honest, impartial, and service-oriented upholds the ethical foundation of democracy.

    Efficient Policy Implementation – Committed civil servants execute programs objectively and transparently, reducing corruption and leakages. Eg- DBT

    A professional and non-partisan service ensures policy continuity and institutional resilience across political transitions.

    Social Justice and Inclusivity – Ethical and empathetic administration safeguards equity, rights, and participation of marginalized citizens.

    Economic and Institutional Performance – Integrity-driven governance promotes predictable policies, fostering investment and sustainable development.

    Whole-of-Government Approach: Encourages coordination and accountability across departments. Eg- PM gati Shakti Mission.

    Participative Democracy: Strengthens transparency and accountability through RTI, Citizen’s Charter, and Social Audits.

    Challenges Affecting Public Perception

    Corruption and favouritism. (Vohra Committee)

    Politicisation and arbitrary transfers.

    Lack of transparency in decision-making processes.

    Weak grievance redressal.

    Poor accountability frameworks.

    Measures to Strengthen Integrity and Public Confidence

    Adopt a Civil Services Code of Ethics based on integrity, impartiality, and objectivity (as recommended by 2nd ARC).

    Expand Mission Karmayogi to include modules on public service values, empathy, and accountability.

    Ensure secure tenure and protect officers from political pressure through Civil Services Boards (T.S.R. Subramanian Case, 2013).

    Citizen-Centric Accountability – legal Backing to Citizen’s Charters, and social audits.

    Technological measures – CPGRAMS and e-Office to minimise discretion and enhance accountability

    An ethical, efficient, and citizen-centric bureaucracy upholds the Doctrine of Democratic Governance, ensuring that power is exercised with integrity, fairness, and public trust.

    E-Governance

  • Appointment of DGP in Tamil Nadu

    Why in the News

    The Union Public Service Commission is set to convene a panel to shortlist candidates for the post of Director General of Police (DGP) in Tamil Nadu, following Supreme Court guidelines on police reforms.

    What is DGP

    • Director General of Police (DGP) is the highest ranking police officer in a State
    • Heads the State Police Force
    • Also referred to as Head of Police Force (HoPF)

    Appointment Process

    • UPSC forms a panel of three senior IPS officers
    • Panel sent to State Government
    • State selects one officer as DGP

    Role of UPSC

    • Ensures merit based and transparent selection
    • Conducts Empanelment Committee Meeting (ECM)

    Key Supreme Court Guidelines

    (From Prakash Singh v Union of India, 2006)

    • DGP should have a minimum tenure of 2 years
    • Selection from panel prepared by UPSC
    • Officers should have minimum residual service
    • Appointment should not be made just before retirement

    Important Terms

    • Empanelment Committee Meeting (ECM): Meeting conducted by UPSC to shortlist eligible officers
    • Residual Service: Remaining service period before retirement

    Key Issues Highlighted

    • Delays in appointment process
    • Debate over extension beyond retirement
    • Ensuring independence and stability of police leadership

    Significance

    • Strengthens police reforms and accountability
    • Ensures professional and merit based appointments
    • Reduces political interference in policing
    [2019] With reference to the Chief Secretary of a state, consider the following statements: 
    1. Chief Secretary is appointed by the Governor of the state for a fixed tenure of two years. 
    2. The Central government has the power to approve extension of service of Chief Secretary for a period not exceeding six months. 
    Which of the statements given above is/are correct? 
    [A] 1 only [B] 2 only [C] Both 1 and 2 [D] Neither 1 nor 2
  • Supreme Court Guidelines on DNA Evidence in Criminal Cases

    Why in the News?

    The Supreme Court has issued guidelines in the Kattavellai @ Devakar v. State of Tamil Nadu Judgement to standardise DNA handling in criminal cases to prevent contamination and delays after evidence lapses in a major case.

    Key Highlights of the Supreme Court Guidelines:

    • Case Context: It involved rape, murder, and robbery. Court flagged delays in Forensic Science Laboratory (FSL) submission, lack of chain of custody, and risk of contamination.
    • Need: Lack of uniform procedures across states despite scattered rules. Since Police and Public Order are in the State List, Supreme Court intervened for national uniformity.
    • Guidelines Issued:
      • Collection and Documentation: Samples must be packaged properly, labelled with FIR details, and signed by medical officer, Investigating Officer, and witnesses.
      • Transportation: Investigating Officer (IO) must deliver samples to FSL within 48 hours. Reasons for any delay must be recorded.
      • Storage Pending Trial: Packages cannot be opened or resealed without trial court approval.
      • Chain of Custody Register: Maintained until conviction or acquittal. IO responsible for explaining lapses.

    Previous SC Observations on DNA Evidence:

    • Anil v. Maharashtra (2014): DNA reliable only if laboratory procedures are maintained.
    • Manoj v. Madhya Pradesh (2022): DNA rejected as recovery was from open area with contamination risk.
    • Rahul v. Delhi (2022): DNA held inadmissible after being kept in police custody for two months.
    • Pattu Rajan v. Tamil Nadu (2019): DNA value depends on corroborating evidence; absence not fatal.
    • Sharda v. Dharmpal (2003): DNA test orders valid; no violation of Article 21.
    • Das @ Anu v. Kerala (2022): DNA not self-incrimination under Article 20(3). Section 53A CrPC permits collection in rape cases.

    Back2Basics: DNA Profiling

    • Overview: DNA profiling, also called DNA fingerprinting, is a forensic technique to identify individuals by analysing unique DNA regions, mainly Short Tandem Repeats (STRs).
    • How it works: Human DNA is 99.9% identical; the 0.1% variability forms the basis of personal identification.
    • Sources: DNA can be extracted from blood, semen, saliva, hair, bone, skin, or even “touch DNA.”
    • Processes: The process includes isolation, purification, amplification, visualization, and statistical comparison of DNA markers.
    • Methods:  miniSTRs and mitochondrial DNA (mtDNA) help in degraded or limited samples.
    • Legal Status: Treated as expert opinion under Indian Evidence Act Section 45 (now BSA 2023 Section 39). DNA is corroborative, not substantive evidence.
  • India’s Police must get out of Dirty Harry’s shadow

    Why in the News?

    Recently, the custodial death of Ajith Kumar in Tamil Nadu has reignited concerns about police torture and custodial violence in India, drawing attention to the ongoing abuse of power, lack of accountability, and systemic failures in law enforcement

    Note: “Dirty Harry’s shadow” is the ethical grey zone that officers may enter when they justify unethical or illegal behavior (e.g., excessive force, illegal search, or planting evidence) on the grounds that it’s necessary to serve a greater good (like convicting a dangerous criminal). 

    What is the status of custodial torture in India?

    • Between 2010 and 2020, NHRC data reports 17,146 custodial deaths (judicial/police), averaging nearly five deaths per day.
    • From 2001 to 2020, only 26 police personnel were convicted out of 1,888 recorded custodial deaths, reflecting a severe lack of accountability in the system.

    Why does custodial torture persist in India despite legal safeguards?

    1. Weak Enforcement of Legal Safeguards: Supreme Court guidelines (e.g., D.K. Basu guidelines) are often ignored, especially by lower-level police.
    The D.K. Basu guidelines are a set of procedural safeguards laid down by the Supreme Court of India in 1996 in the landmark case D.K. Basu vs. State of West Bengal to prevent custodial torture, deaths, and abuse of police power.

    Key Guidelines (To be followed during arrest and detention):

    1. Arrest memo must be prepared, signed by the arrestee and a witness, with time and date.
    2. Inform a relative/friend: The person arrested must be allowed to inform someone about the arrest.
    3. Right to legal counsel: The arrestee has the right to meet their lawyer during interrogation.
    4. Medical examination: Arrestees must be medically examined every 48 hours by a government doctor.
    5. Copy of arrest memo: Sent to the local magistrate for records.
    6. Daily diary entry: Time, place of arrest, and custody details must be recorded in the police diary.
    7. Police identification: Arresting officers must have name tags and their details must be recorded.
    8. Notice board in police station: Display of rights of arrested persons.
    9. Timely production before magistrate: Within 24 hours of arrest, as per Article 22 of the Constitution.
    1. Lack of Accountability: Very few police personnel are punished, creating a culture of impunity.
      3. Societal Indifference and Pressure: Public tolerance for “tough policing” and pressure to solve cases fast encourages use of force to extract confessions.
    2. Legal Gaps That Enable Torture:
    • No Standalone Law: There’s no specific law criminalising custodial torture. The 2010 Prevention of Torture Bill was never passed.
    • Non-Ratification of UNCAT: India signed but hasn’t ratified the UN Convention Against Torture, so it lacks binding obligations to reform.
    • Poor Protection for Victims/Witnesses: Those who report torture often face threats, with little legal protection – delaying or discouraging justice. Eg: The Jayaraj-Bennicks case (2020)

    Should India ratify the UN Convention Against Torture?

    • Enhances Legal Accountability and Human Rights Protections: Ratifying UNCAT would require India to enact a dedicated anti-torture law, ensuring clear definitions, accountability, and punishment for custodial abuse. Eg: In the Jayaraj and Bennicks case (2020), the absence of a strong torture law delayed justice and highlighted the need for international legal standards.
    • Strengthens India’s Global Human Rights Image: As a democracy and UN member, ratification would align India with global norms, reinforcing its commitment to human dignity and justice. India often faces criticism at UN Human Rights Council reviews for non-ratification, which weakens its diplomatic stance on rights issues.

    What reforms are needed? (Way forward)

    • Enact a Dedicated Anti-Torture Law: Clearly define torture, prescribe strict punishment, and ensure victim compensation and rehabilitation.

    • Set Up Independent Oversight Bodies: Create state and district-level police complaints authorities for unbiased investigation.

    • Ensure Custodial Surveillance: Install CCTVs in all custody areas and mandate regular monitoring and audits.

    • Train Police on Human Rights: Conduct regular training programs focused on rights-based policing and legal safeguards.

    Mains PYQ:

    [UPSC 2023] The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

    Linkage: The article explicitly links the Supreme Court’s reaffirmation of “dignity and bodily autonomy as fundamental rights” in the K.S. Puttaswamy case (2017) to the ongoing issue of rampant torture in custody. This question allows for a discussion on how judicial interpretations have broadened the scope of fundamental rights, which are directly challenged by the “Dirty Harry” policing methods that the source criticises. 

  • [pib] PRATIBHA Setu Initiative

    Why in the News?

    The Union Public Service Commission (UPSC) has launched the PRATIBHA Setu initiative to channel the potential of civil service aspirants who reach the interview stage but do not make the final merit list.

    About PRATIBHA Setu:

    • Meaning: Stands for Professional Resource And Talent Integration – Bridge for Hiring Aspirants.
    • Purpose: Connects candidates who cleared the interview stage of Union Public Service Commission exams but didn’t make the final merit list with verified employers.
    • Launch: Rolled out during CSE Examination 2023 results; evolved from the Public Disclosure Scheme (2018).
    • Objective: Utilizes the Union Public Service Commission’s rigorous selection process to support alternate career pathways for high-performing aspirants.
    • Talent Pool:
      • Scale: Over 10,000 high-performing candidates available for recruitment.
      • Merit-Based: Offers employers access to a pre-tested, well-evaluated talent group.

    Key Features:

    • Eligibility:
      • Included: Civil Services, Indian Forest Service, Engineering Services, Central Armed Police Forces, Combined Medical Services, etc.
      • Excluded: National Defence Academy, Naval Academy, and certain Limited Departmental Competitive Examinations.
    • Access for Recruiters: Organizations register using Corporate Identification Number through the Ministry of Corporate Affairs portal.
    • Platform Tools:
      • Functions: Dashboard for shortlisting, wish-listing, and making selections or rejections.
      • Data Access: Employers can view candidates’ educational profiles and contact details in digital format.

    Impact:

    • Candidate Benefit: Opens alternate career paths for deserving UPSC aspirants.
    • Employer Advantage: Enables transparent and efficient hiring from India’s top talent.
    • Wider Utility: Extends the relevance of the UPSC selection process beyond final appointments.
    [UPSC 2020] In the context of India, which one of the following is the characteristic appropriate for bureaucracy?

    Options: (a) An agency for widening the scope of parliamentary democracy (b) An agency for strengthening the structure of federalism (c) An agency for facilitating political stability and economic growth (d) An agency for the implementation of public policy*

     

  •  Custodial deaths: police convictions remain zero in T.N. and beyond

    Why in the News?

    The custodial death of Ajith Kumar in Sivaganga district, Tamil Nadu, has once again sparked widespread anger across the country over police brutality and the lack of accountability in such cases.

     

    Note: Custodial death refers to the death of a person while in police or judicial custody, due to torture, negligence, or maltreatment by authorities.

     

    What are the key reasons behind recurring custodial deaths in India?

    • Use of Excessive Force and Torture: Police personnel often resort to physical abuse during interrogations, leading to serious injuries or death. Eg: In 2023, Tamil Nadu reported multiple cases of custodial torture, including the Ambasamudram case, which involved the brutal beating of detainees with iron rods.
    • Weak Legal Enforcement and Delayed Justice: Despite numerous inquiries, very few convictions are secured against police officers involved in custodial violence. Eg: Between 2017 and 2022, 123 police personnel were arrested and 79 were chargesheeted, yet zero convictions were recorded across India.
    • Lack of Independent Oversight: Most investigations into custodial deaths are conducted internally with minimal external checks or judicial scrutiny. Eg: Only 345 magisterial/judicial inquiries were initiated between 2017 and 2022, despite over 11,000 custodial deaths reported during this period.
    • Culture of Impunity within the Police Force: A persistent lack of accountability creates an environment where violations are repeated without fear of consequences. Eg: Out of 74 human rights violation cases filed against police between 2017 and 2022, only 3 convictions were secured.

    How are Scheduled Castes disproportionately affected in detentions?

    • Overrepresentation in Preventive Detentions: Scheduled Castes (SCs) are detained at a much higher rate than their population share, reflecting systemic bias. Eg: In Tamil Nadu (2022), SCs accounted for 38.5% of detainees under preventive laws, despite forming only 20% of the State’s population.
    • Targeted Policing and Social Vulnerability: SC communities often face discriminatory policing, leading to higher instances of illegal detention and custodial violence, especially under vague or discretionary laws. Eg: Tamil Nadu had 2,129 detenues as of December 31, 2022 — nearly half of India’s total — with a large share from SC backgrounds.

    What are the steps taken by the Indian Government? 

    • Judicial: Enforcement of Article 21 and DK Basu guidelines by the Supreme Court to prevent custodial torture.
    • Legal Safeguards: According to CrPC Section 176(1A)judicial inquiry is mandated in custodial death cases.
    • Institutional Oversight Mechanisms: Establishment of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) to monitor, investigate, and recommend action on custodial violence.
    • Police Reforms: Training under Modernisation of Police Forces (MPF) to promote human rights-oriented policing.
    • Technological Measures: Implementation of CCTV in police stations, body cameras, and e-Sakshya app for real-time evidence collection.

    What are the case studies? 

    • United Kingdom – Independent Oversight through IPCC: The UK established the Independent Police Complaints Commission (IPCC) (now IOPC) to investigate deaths and serious incidents involving the police. It ensures transparent investigations and addresses complaints against police misconduct.
    • South Africa – Legal Accountability via Constitutional Court: In Bhe and Others v. Magistrate, Khayelitsha (2005), the South African Constitutional Court held the state responsible for custodial deaths. The judgment pushed for reforms in police behaviour and emphasized constitutional safeguards.

    How can reforms curb impunity in custodial violence cases? (Way forward)

    • Establish Independent Investigation Mechanisms: Create autonomous bodies or empower judicial magistrates to investigate custodial deaths and torture cases, ensuring unbiased inquiry and reducing conflict of interest.
    • Enact a Robust Anti-Torture Law: Pass a dedicated legislation aligned with the UN Convention Against Torture, clearly defining custodial violence, laying out punishments, and providing legal remedies to victims.
    • Ensure Accountability and Transparency: Mandate the use of CCTV and body cameras in all custody areas; implement real-time digital monitoring like e-Sakshya. Need Fast-track trials and ensure strict action against guilty officers to create a strong deterrent.

    Mains PYQ:

    [UPSC 2021] Though the Human Rights Commissions have con tributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, sug gest remedial measures.

    Linkage: The article talks about the clear pattern where “a significant number of custodial deaths take place, of which a considerable number of them are reported, a few of the policemen are arrested, and none of them are convicted. This question is highly pertinent to the issue of custodial deaths and the lack of police convictions.