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

  • The need for gender equity in urban bureaucracy

    Why in the News?

    India’s cities will host over 800 million people by 2050. While women’s role in local politics has grown, urban bureaucracies still lack gender balance, which limits truly inclusive urban development.

    What challenges hinder women’s inclusion in urban bureaucracy despite higher political representation?

    • Male-Dominated Administrative Structure: Despite 46% representation of women in local bodies (Ministry of Panchayati Raj, 2024), only 20% of IAS officers are women (IndiaSpend, 2022).  
    • Gender Imbalance in Policing and Field Roles: Only 11.7% of India’s police force are women (BPRD, 2023), and most serve in non-field, clerical roles. Similarly, engineering and sanitation departments have low female participation.
    • Lack of Affirmative Action in Urban Technical Cadres: While reservations exist in elected offices, there are no parallel affirmative policies in bureaucracy for women.

    Why is gender-responsive budgeting essential for inclusive urban development?

    • Addresses Gender-Specific Needs in Urban Planning: GRB ensures that urban budgets reflect the different needs of women, men, and marginalised groups. Eg: Delhi used GRB to fund women-only buses and public lighting, improving women’s mobility and safety in public spaces.
    • Prevents Reinforcement of Existing Inequities: Without GRB, cities may overinvest in flyovers or metros while neglecting community toilets, crèches, or footpaths that benefit women and marginalised groups.
    • Enhances Accountability and Participatory Governance: GRB fosters transparency and encourages civic engagement by linking public spending to gender equity outcomes. For instance, Kerala’s People’s Plan Campaign integrates gender goals into local budgets, empowering women at the grassroots level.

    What is the Impact of Gender Gaps in Urban Administration?

    • Skewed Infrastructure Priorities: Male-dominated bureaucracies often overlook the everyday mobility and safety needs of women. In Delhi and Mumbai, 84% of women use public or shared transport.
    • Underfunding of Social Infrastructure: Services such as water, sanitation, maternal health, or childcare are underprioritised in male-led departments.
    • Delayed Response to Community Demands: Studies by ICRIER and UN Women show female administrators are more responsive to grassroots needs, yet their absence restricts outcome-orientated planning.

    Which global practices can guide India toward gender-inclusive urban governance?

    • Mandatory Gender Budgeting and Oversight:  The Philippines mandates that 5% of local budgets be allocated to gender programmes, and Uganda requires gender equity certificates before fund approvals.
    • Participatory Planning:  South Korea uses gender impact assessments to redesign public transport and urban spaces, and  South Africa pilots participatory planning for grounded, inclusive decision-making.

    What are the steps taken by the Indian Government? 

    • Constitutional Mandates for Political Representation: The 73rd and 74th Constitutional Amendments mandate 33% reservation for women in Panchayati Raj Institutions and Urban Local Bodies. 17 States and 1 Union Territory have increased this to 50%, leading to over 46% women among elected local representatives (Ministry of Panchayati Raj, 2024).
    • Gender Budgeting Initiatives: India introduced the Gender Budget Statement in 2005-06 to integrate gender perspectives in public finance. Eg: Delhi funds women-only buses and street lighting; Tamil Nadu applies GRB across 64 departments; Kerala links gender goals to the People’s Plan Campaign.
    • Support for Women-Centric Governance Models: The government promotes models like Kudumbashree in Kerala for grassroots women-led governance. Eg: Kudumbashree empowers women in planning and implementation in small and transitioning cities.

    Way forward: 

    • Ensure Gender Parity in Urban Bureaucracy: Implement affirmative action (like quotas and scholarships) to recruit and promote women in urban planning, engineering, policing, and administrative roles.
    • Institutionalise Gender-Responsive Budgeting (GRB): Mandate gender audits, participatory budgeting, and monitoring frameworks across all Urban Local Bodies (ULBs).

    Mains PYQ:

    [UPSC 2024] Distinguish between gender equality, gender equity and women’s empowerment. Why is it important to take gender concerns into account in programme design and implementation?

    Linkage: The article highlights that despite an increasing presence of women in local elected representative roles (over 46% in ULGs), the bureaucratic apparatus responsible for implementing decisions remains “overwhelmingly male”. This question directly addresses the fundamental importance of incorporating “gender concerns into programme design and implementation”. 

  • E-Zero FIR to speed up action on Cyber Frauds

    Why in the News?

    The Ministry of Home Affairs (MHA) has launched a pilot project for the e-Zero FIR (First Information Report) system in Delhi to help police take faster action in high-value cyber financial frauds.

    What is Zero FIR?

    • Purpose: Zero FIR allows any police station to register an FIR for a cognisable offence without assigning a regular FIR number initially.
    • No diary: Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’. Hence the name.

    About the e-Zero FIR System:

    • Launch and Objective: The MHA has launched a pilot e-Zero FIR project in Delhi to speed up action in cyber financial frauds over ₹10 lakh.
    • System Developer: It has been developed by the Indian Cybercrime Coordination Centre (I4C) under the MHA.
    • How It Works: Victims can file complaints via the National Cybercrime Reporting Portal (NCRP) or by calling the 1930 helpline.
    • FIR Process: The e-Crime Police Station in Delhi registers the FIR digitally, which is then transferred electronically to the correct local police station.
    • Legal Basis: The project is implemented under Section 173(1) and 173(1)(ii) of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.
    • Jurisdiction-Free Filing: Victims can report crimes without worrying about police station limits.
    • Digital Integration: The system connects the I4C’s NCRP, Delhi Police’s e-FIR portal, and NCRB’s CCTNS platform.

    Key Features and Victim Support:

    • Automatic Registration: FIRs are automatically registered for cyber frauds involving over ₹10 lakh.
    • Anywhere Access: Victims can file from any location, ensuring jurisdiction-free access.
    • Fast FIR Transfer: FIRs are sent electronically to the appropriate police station for follow-up.
    • Mandatory Visit: Victims must visit a cybercrime police station within 3 days to convert the Zero FIR into a regular FIR.
    • Improved Recovery: Early registration improves the chances of recovering lost funds in time-sensitive fraud cases.
    • Simplified Process: The system makes legal action easier and more accessible for cybercrime victims.
    [UPSC 2021] With reference to India, consider the following statements:

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    Option: (a) 1 only (b) 2 only * (c) Both 1 and 2 (d) Neither 1 nor 2

     

  • Principled Criminalization and the Police as Pivot

    Why in the News?

    Recently, the Supreme Court of India gave an important decision in the case of Imran Pratapgarhi v. State of Gujarat (2025 INSC 410). The judgment focused on balancing the fundamental right to freedom of speech with the police’s duty to register a First Information Report (FIR).

    What is the significance of procedural criminal law in ensuring principled criminalisation?

    • Prevents Abuse of Power: Procedural criminal law enforces checks on state power by ensuring investigations, arrests, and prosecutions follow due process and protect fundamental rights (e.g., right to life and liberty under Article 21 of the Indian Constitution). Eg: In Imran Pratapgarhi vs State of Gujarat, the Supreme Court quashed the FIR because the police violated the procedural requirement under Section 173(3) of BNSS, thereby infringing upon the right to free speech.
    • Filters Out Malicious Prosecutions: By setting guidelines (like preliminary inquiries), procedural law prevents unnecessary or politically motivated criminal cases from being registered and escalating into full investigations or arrests. Eg: Section 173(3) allows police to conduct a 14-day preliminary inquiry in certain cases before registering an FIR, thereby avoiding the criminalisation of non-serious or false complaints.
    • Enhances Accountability: Police have significant discretion in the criminal process. Procedural law regulates this discretion, ensuring it is used transparently and fairly, preventing arbitrary or biased action. Eg: Without proper procedural checks, police may over-police minor infractions while ignoring more serious offences, leading to imbalanced enforcement of law.

    Why did the Supreme Court quash the FIR against Imran Pratapgarhi?

    • Violation of Procedural Safeguards: The police failed to conduct a mandatory preliminary inquiry before registering an FIR, as required under Section 173(3) for offences punishable with less than seven years. Eg: The alleged offence related to a poem posted on social media, which falls within this category. The police were required to first assess whether a prima facie case existed — they did not.
    • Protection of Freedom of Speech: The FIR was filed for the alleged posting of an “inflammatory” poem, but the Court noted it was an exercise of free speech under Article 19(1)(a) of the Constitution. Eg: Criminal proceedings against protected speech must pass a higher threshold. The Court emphasized that misuse of law to curb free expression violates constitutional freedoms.
    • Prevention from Frivolous Criminalisation: The Court found that the police had acted in a hasty and unjustified manner, triggering criminal law machinery for what could be a frivolous or politically motivated complaint. Eg: The judgment cited the intent of Section 173(3) — to avoid over-criminalisation in cases involving less serious offences, especially those entangled with fundamental rights.

    How does Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita aim to prevent unnecessary criminalisation?

    • Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) aims to prevent unnecessary criminalisation by allowing police to conduct a preliminary inquiry within 14 days before registering an FIR for cognisable offences punishable with 3 to less than 7 years.
    • This ensures that only cases with prima facie merit proceed, acting as a safeguard against frivolous or politically motivated complaints and police overreach.

    Who plays a central role in the actual implementation of criminalisation?

    • The police play the central role in the practical application of criminalisation. They are the first responders—detecting crime, registering FIRs, investigating, and arresting suspects.
    • The discretion exercised by the police significantly affects how criminal laws are enforced, and whether they lead to over-criminalisation or under-criminalisation. Therefore, how the police interpret and act under procedural law (e.g., Section 173(3)) directly influences the legitimacy and fairness of the criminal justice system.

    Way forward: 

    • Strengthen Police Training and Accountability: Enhance training on procedural law and human rights for police to ensure responsible use of discretion, coupled with strict accountability mechanisms to prevent misuse and overreach.
    • Improve Legal Safeguards and Oversight: Institutionalise mandatory preliminary inquiries and judicial oversight in sensitive cases to protect fundamental rights and prevent frivolous or politically motivated criminalisation.

    Mains PYQ:

    [UPSC 2013] Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.

    Linkage: This reflects the broader theme of how laws that define behaviour as potentially punishable (part of the criminalisation process) are scrutinised based on their impact on fundamental rights, a dynamic echoed in the article discussion of the Imran Pratapgarhi case where police action (governed by procedural law) affecting freedom of speech was reviewed by the Supreme Court.

  • India’s ‘steel frame’ does need a check

    Why in the News?

    The recent government initiatives, such as “Mission Karmayogi,” aimed at enhancing the capacity of civil servants, underscores the ongoing dialogue about reforming India’s “steel frame” of governance.

    What is the current state of India’s bureaucratic structure?

    India’s bureaucratic structure, particularly the Indian Administrative Service (IAS), often referred to as the “steel frame” of Indian governance, has historically been crucial in administration but is now struggling with several issues:

    • Politicization: Frequent transfers and promotions based on political loyalty rather than merit have undermined the professionalism and morale of IAS officers. 
      • This politicization hampers the development of domain expertise, as officers are rotated across various departments without sufficient time to specialise in any particular area.
    • Corruption and Inefficiency: India ranks moderately on the World Bank’s government effectiveness index, indicating persistent corruption and inefficiencies in policy implementation. 
    • Centralized Governance: The current governance model under the Prime Minister has led to increased centralization of power in the Prime Minister’s Office (PMO). 

    What are the previous efforts taken to reform the bureaucracy in India?

    Commission recommendation:

    • First Administrative Reforms Commission (1st ARC, 1966): Highlighted the need for specialization within the Indian Administrative Service (IAS) to improve efficiency by transitioning it into a functional service focused on specific governance areas.
    • Second Administrative Reforms Commission (2nd ARC, 2005): Proposed a transparent lateral entry process for domain experts, mandatory training for civil servants throughout their careers, and the establishment of a National Institute of Public Administration to enhance public administration education and expand the candidate pool for civil services.

    Central Government initiative:

    • Mission Karmayogi (2020): A capacity-building program designed to create a citizen-centric, future-ready civil service by promoting continuous learning and skill enhancement through a dedicated digital platform.
    • Lateral Entry Reforms: Introduced to integrate specialized talent from diverse sectors into senior civil service roles.

    Important judgments given by the Supreme Court:

    • T.S.R. Subramanian v. Union of India (2013): The Supreme Court barred civil servants from following oral political directives, and mandated the creation of a Civil Services Board (CSB) to oversee transfers and postings for ensuring stability and reducing arbitrariness.
    • Delhi Government Services Case (2023): The Supreme Court upheld Delhi’s legislative authority over services, reinforcing federalism and ensuring accountability of officers operating under the Delhi government’s jurisdiction.

    How do proposed reforms impact the independence and specialization of civil servants?

    The proposed reforms aim to modernize India’s bureaucracy by enhancing independence, accountability, and specialization among civil servants.  

    • Lateral Entry Initiatives: The government has introduced lateral entry into senior bureaucratic positions to bring in domain experts from outside the traditional IAS framework.  
    • Performance-Based Promotions: Recommendations from various administrative reform commissions (Second ARC, set up in 2005) suggest linking promotions to measurable performance rather than seniority. 
      • This shift could enhance accountability but may also meet resistance from entrenched interests within the IAS.
    • Protection Against Arbitrary Transfers: Proposals such as the Civil Services Standards, Performance, and Accountability Bill aim to protect bureaucrats from politically motivated transfers. 
      • Implementing such measures could bolster the autonomy of civil servants.

    What risks are associated with centralizing decision-making in the bureaucracy?

    • Reduced Autonomy: Centralization can diminish the independence of senior bureaucrats, making them more susceptible to political pressures. 
      • This undermines their ability to act as effective policy executors and can lead to a culture of compliance rather than innovation.
    • Bottlenecks in Implementation: A centralized approach may create bottlenecks in policy implementation, as decision-making becomes concentrated at the top. 
      • This can slow down responses to emerging challenges and reduce the overall efficiency of governance.
    • Neglect of Bureaucratic Expertise: By sidelining bureaucratic insights in favor of top-down directives, there is a risk that valuable expertise within the civil service goes unutilized. This could hinder effective policymaking and lead to poor outcomes in governance.

    How can ancient Indic principles enhance modern governance?

    • Ethical Leadership and Accountability (Raj Dharma): Ancient Indic principles emphasize leaders as servants of the people, prioritizing fairness, justice, and public welfare. This aligns with modern demands for transparent and accountable governance.
    • Inclusive Development (Antyodaya): The concept of Antyodaya advocates for uplifting the marginalized and ensuring that governance benefits all sections of society, especially the most disadvantaged, which is essential for achieving equitable development.
    • Sustainability and Environmental Harmony (LiFE & Karmayogi): Indic principles stress balance with nature and responsible living, guiding modern governance towards sustainable development practices. Additionally, the Karmayogi concept promotes continuous skill-building for public servants to enhance governance effectiveness.

    In what ways can citizen engagement be improved through Indic ideas?

    • Participative Governance (Sab Ka Prayas): The concept of Sab Ka Prayas emphasizes collective effort, where citizens are actively involved in decision-making and implementation processes.
    • Empathy and Responsibility (P2G2 – Pro-People Good Governance): By incorporating P2G2, which stresses sensitivity, commitment, and a sense of responsibility towards the people.
      • Citizens can be more engaged through empathetic governance that prioritizes their well-being and fosters trust in public institutions.
    • Empowerment through Education and Awareness (Antyodaya and Raj Dharma): Indic ideas like Antyodaya and Raj Dharma promote the empowerment of all individuals, particularly the marginalized, through education and awareness.

    Way forward: 

    • Empower Decentralized Governance: Strengthen local and state-level administrative autonomy to reduce over-reliance on centralized decision-making, enabling more responsive and effective governance.
    • Implement Performance-Based Reforms: Institutionalize meritocratic measures such as performance-linked promotions, lateral entry, and protection against arbitrary transfers to foster accountability, specialization, and independence among civil servants.
    • Efficient bureaucracy: India can draw valuable lessons from the proposed Department of Government Efficiency (DOGE) initiative to make a more efficient bureaucracy in India.
      • DOGE is a proposed initiative introduced by USA President which aims to streamline federal bureaucracy.

    Mains PYQ:

    Q Has the Cadre-based Civil Services Organization been the cause of slow in India? Critically examine. (UPSC IAS/2014)

  • Maharashtra Prisons and Correctional Services Act, 2024

    Why in the News?

    The Maharashtra Legislative Assembly passed the Maharashtra Prisons and Correctional Services Act, 2024, aiming to modernize and reform the State’s prison system. It is based on the Model Prisons Bill, 2023, issued by the Government of India (GoI).

    Maharashtra Prisons and Correctional Services Act, 2024: Key Highlights :

    • Repeal of Outdated Acts:
      • The Prisons Act, 1894, the Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950 stand repealed.
      • The new legislation consolidates laws related to regulation of prisons, correctional services, and prisoners in Maharashtra.
    • Establishment of High-Security Prison in Mumbai:
      • Plans are underway to construct a high-security, multi-storey prison with advanced surveillance measures, akin to international standards like Alcatraz in San Francisco.
      • Features include fortified walls, electronic tracking, power fencing, watchtowers, and 24×7 CCTV coverage.
      • Land parcels for the new Mumbai jail have already been identified.
    • Special Categories of Prisons:
      • Special Prisons for high-risk inmates.
      • Open and Semi-Open Prisons to facilitate rehabilitation.
      • Open Colonies designed for reintegration of inmates with society.
      • Temporary Prisons for certain categories of offenders.
    • Gender-Sensitive Facilities:
      • Separate cells and wards for women inmates with provisions for pre- and post-natal care.
      • Special child-care areas (Balwadis) for children staying with mothers in prison.
      • Dedicated enclosures and healthcare for transgender inmates.
    • Rehabilitation, Skill Development, and Welfare:
      • Mandatory libraries, sports facilities, yoga, and recreation for inmates.
      • Work-based compensation and opportunities to sell inmate-produced goods at on-site outlets.
      • Borstal institutions for young offenders, focusing on education and skill-building.
    • Early Release and Monitoring:
      • A system of parole and furlough for good behavior, with electronic tracking.
      • A special committee under district collectors to support bail bond funding for indigent undertrial prisoners (noting that 1,600 accused are still in jail due to lack of funds).
    • Detention Centre in Mumbai:
      • The State plans to establish a detention centre in Mumbai. The Brihanmumbai Municipal Corporation (BMC) has been tasked to identify land for the project.

    About Model Prison Act, 2023 

    • It replaces the colonial-era Prisons Act, 1894, aiming to modernise prison laws and align them with contemporary standards.
    • It shifts emphasis from mere detention to reform and reintegration of inmates.
    • It serves as a model document for states, since ‘Prisons’ is a State List subject in India.
    • It merges relevant provisions of older legislations (e.g., Prisoners Act, 1900 and Transfer of Prisoners Act, 1950).
    • It strives to bring India’s prison system in line with international best practices and human rights norms.
    • Key features include:
      • Specialised Jails: Provides for high-security, open, and semi-open prisons to manage different categories of inmates.
      • Rehabilitation Measures: Emphasises vocational training, skill development, counselling, and educational programs to facilitate inmates’ reintegration.
      • Legal Aid & Incentives: Outlines provisions for legal assistance, along with parole, furlough, and premature release for good conduct.
      • Use of Technology: Encourages CCTV, video conferencing, and e-monitoring systems to enhance transparency and security within prisons.
      • Inclusive Accommodation: Mandates separate facilities for women, transgender persons, and other special categories, ensuring safety and dignity.

     

    Present Prison System: Key Findings of the Supreme Court’s Centre for Research and Planning Report

    • The occupancy rate stood at 131.4% as of December 2022, with 75.8% of inmates being undertrials.
    • This highlights a pressing need for measures to reduce congestion and expedite trials.

    Initiatives taken:

    • Modernization of Prisons Project (2021–26): The government provides financial assistance to States and Union Territories to implement advanced security measures in prisons.
    • Aims to support reformation and rehabilitation efforts for inmates through various correctional programs.
    • Model Prison Manual (2016): Offers detailed guidelines on the legal rights of inmates, including access to free legal services.
    • Modernization of Prisons Scheme (2002–03): Introduced to improve living conditions in prisons, address the welfare of inmates, and enhance the working environment for prison staff.

  • [pib] Karmayogi Saptah

    Why in the News?

    Prime Minister recently launched the ‘Karmayogi Saptah’ – National Learning Week to strengthen individual and organizational capacity among civil servants.

    About Mission Karmayogi

    Details
    What is it? National Programme for Civil Services Capacity Building (NPCSCB)
    Objective • To prepare civil servants for the future by making them more creative, constructive, and innovative through transparency and technology.
    Launch Date • Launched on 2nd September 2020.
    Key Features • On-Site Learning: Complementing off-site learning with more focus on practical experience.
    • Integrated Government Online Training (iGOT) platform.
    Pillars of NPCSCB • Policy Framework
    • Institutional Framework
    • Competency Framework
    • Digital Learning Framework (iGOT-Karmayogi)
    • e-HRMS
    • Monitoring and Evaluation Framework.
    Target Audience • All civil servants (including contractual employees) across various ministries, departments, organizations, and agencies of the Union Government.
    iGOT-Karmayogi Features • My iGOT: Personalized training courses based on individual capacity-building needs.
    • Blended Programs: Combines offline classroom learning with online components for equitable access to training.
    • Curated Programs: Tailored learning paths designed for different ministries and training institutions.
    Vision for 2047 • Aims to transform India into a global manufacturing hub and a supplier of skilled human resources by improving governance and civil service efficiency.
    Steering Bodies • Prime Minister’s Public Human Resources Council
    • Capacity Building Commission
    • Special Purpose Vehicle (SPV) for digital assets
    • Coordination Unit led by the Cabinet Secretary.
    Courses Offered • The iGOT platform offers over 1400 courses for personalized learning and skill development.
    Significance • Promotes a whole-of-government approach to foster collaboration, break bureaucratic silos, and prepare civil servants for modern governance challenges through continuous capacity building.

     

    How Karmayogi Saptah Aligns with Mission Karmayogi’s Goals?

    • Karmayogi Saptah promotes a culture of lifelong learning and continuous improvement, key pillars of Mission Karmayogi.
    • It emphasizes innovation and a citizen-first mindset, encouraging civil servants to engage with new ideas and feedback mechanisms.
    • By focusing on adapting to new technologies like AI, it aligns with Mission Karmayogi’s goal of a digitally proficient workforce.
    • It fosters collaboration across departments, supporting the mission’s aim to break silos and promote a “One Government” ethos.
    • Through individual and organizational development activities, the week contributes to creating a skilled, motivated workforce for a Viksit Bharat by 2047.

    PYQ:

    [2015] Consider the following statements:

    1. The Executive Power of the union of India is vested in the Prime Minister.

    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.

    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

  • Centre directs UPSC to withdraw ad for lateral entry into bureaucracy: Why has the policy been criticized?

    Why in the News?

    The Central government asked the Union Public Service Commission (UPSC) on Tuesday, August 20, to cancel an advertisement from three days earlier that called for applications to fill senior government positions through lateral recruitment.

    What is ‘Lateral Entry’ into the Bureaucracy?

    • Definition: Lateral entry refers to the recruitment of personnel from outside the traditional civil services into senior and middle-level positions in the central government. These entrants come from various backgrounds, including state/UT governments, public sector undertakings (PSUs), statutory organizations, research institutes, universities, and the private sector.
    • Objective: The idea is to bring in individuals with domain expertise and specialized knowledge to enhance the efficiency and effectiveness of governance. These individuals are usually appointed on contracts of three years, which can be extended to a total of five years.

    What are the Positions Open for Lateral Entry?

    • Positions Advertised: Lateral entry initially focused on Joint Secretary-level positions, which are high-ranking roles within a Department. Over time, positions for Director and Deputy Secretary levels were also opened.
    • Roles and Responsibilities:
      • Joint Secretary: Third-highest rank in a Department, responsible for decision-making and administrative head of a wing within the Department.
      • Director/Deputy Secretary: Middle-level officials, performing roles similar to Joint Secretaries in most ministries.

    What was the Union Government’s Logic Behind Introducing Lateral Entries?

    • Rationale: The government introduced lateral recruitment to bring in fresh talent and specialized skills that may not be available within the traditional civil services.
    • NITI Aayog’s Recommendation: The policy was recommended in 2017 by NITI Aayog in its three-year Action Agenda and by the Sectoral Group of Secretaries (SGoS) on Governance.

    How Many People Have Been Appointed via Lateral Recruitment So Far?

    • First Round (2018): The first round attracted 6,077 applications for Joint Secretary-level positions. Nine individuals were eventually selected and appointed in 2019.
    • Subsequent Rounds: Additional rounds of recruitment occurred in 2021 and May 2023. As of August 2024, a total of 63 appointments have been made through lateral entry, with 57 lateral entrants currently holding positions in various Ministries/Departments.

    What is the Criticism of Lateral Entry Recruitment?

    • Lack of Reservations: A significant criticism of lateral recruitment is the absence of quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
    • Promotion Concerns: Critics like Mayawati have pointed out that lateral entry deprives lower-level employees in the civil services of promotion opportunities, which would otherwise be available through a merit-based system.

    Way forward: 

    • Incorporate Inclusive Quota Provisions: To address the criticism regarding the absence of reservations, the government could consider introducing a reservation policy for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in lateral entry recruitment.
    • Establish a Transparent and Merit-Based Selection Process: To ensure the credibility and effectiveness of lateral recruitment, the government should enhance transparency in the selection process. This could involve clearly defined eligibility criteria, objective assessment methods, and regular monitoring of the performance of lateral entrants.

    Mains PYQ:

    Q Has the Cadre-based Civil Services Organization been the cause of slow in India? Critically examine. (UPSC IAS/2014)

  • The Seductive Trap of the Civil Services    

    Why in the News?

    Public service doesn’t have exclusive rights to serve the nation, nor does it offer any special opportunities for doing so.

    Present Status of Civil Services in India

    1. Reputation and Credibility: Recent controversies, such as the case of IAS probationer Puja Khedkar, who has allegedly misused quotas and provided false documentation shadow over the credibility of UPSC.
    2. High Aspirations and Struggles: The civil service job is a highly demandable career in India. It is often viewed as a prestigious and stable option which leads to a competitive environment where many aspirants repeatedly attempt the UPSC exams leading to mental health struggles and societal pressure. 
    3. Coaching Industry Influence: The expansive coaching industry thrives on the aspirations of civil service candidates by capitalizing on the high failure rates and the desperation of aspirants.

    About the Kothari Commission: 

    • The Kothari Commission, officially known as the Education Commission of 1964-66, was established by the Government of India to comprehensively evaluate the educational system and recommend reforms. It was chaired by Dr. D. S. Kothari.
    • The Commission aimed to align education with national development goals and address various shortcomings in the existing system. 
    • Its report, titled “Education and National Development,” was submitted on June 29, 1966.

    Suggestions from the Kothari Commission:

    The Kothari Commission’s recommendations, which aimed to reform education and public service, can provide a framework for addressing the current challenges in the civil services:

    1. Age Limit Adjustments: The government should reduce the upper age limit for candidates from around 34-35 years to 25 years, with allowances for special categories which could help mitigate the prolonged pursuit of civil services and reduce the burden on young aspirants.
    2. Limiting Attempts: Restricting the number of attempts to three, with an additional attempt for special categories which could help streamline the process and discourage the excessive commercialization of coaching services that exploit aspirants’ ambitions.
    3. Broadened Perspectives on Service: Encouraging young people to view various professions as valid forms of national service rather than solely focusing on government positions.

    Way forward: 

    • Reforming Recruitment and Training Processes: To enhance credibility and transparency in civil services recruitment, the UPSC and related bodies could implement stricter verification processes for candidates’ credentials, including quotas and documentation.
    • Diversifying Career Awareness and Opportunities: The government, along with educational institutions like CBSE can promote awareness of diverse career paths beyond civil services, emphasizing the value of contributing to the nation through various professions.

    Mains PYQ:

    Q Initially Civil Services in India were designed to achieve the goals of neutrality and effectiveness, which seems to be lacking in the present context. Do you agree with the view that drastic reforms are required in Civil Services. Comment (UPSC IAS/2017)

  • Elephant in Civil Servant’s room           

    Why in the news?

    The government’s recent decision to lift the ban on government employees participating in RSS activities threatens to undermine the remnants of a free and fair bureaucracy.

    Whether or not civil servants are banned from joining RSS 

    • Lifting the Ban: The Central government has lifted a 58-year ban on government servants joining the Rashtriya Swayamsevak Sangh (RSS). This ban was originally imposed in 1966 due to concerns about the organization’s political activities.
    • Government Justification: The government stated that the activities of the RSS are no longer deemed incompatible with civil service conduct rules, suggesting that the organization has been wrongly categorized as a banned entity.
    • Judicial Commentary: The Madhya Pradesh High Court remarked that it took nearly five decades for the government to recognize its mistake in banning civil servants from joining the RSS, indicating a shift in perception regarding the organization.
    • Political Reactions: The decision has sparked controversy, with opposition parties criticizing it as a threat to India’s secular fabric and accusing the government of politicizing the civil service. Critics argue that the RSS’s ideology conflicts with the principles of a secular state.
    • Support from RSS: The RSS welcomed the decision, asserting that it strengthens India’s democratic system and has historically contributed to national unity and social service.

    The idea of Constitutional Democracy

    • Constitutional democracy is a system of government that combines the principles of democracy with a constitution that limits the powers of the state and protects the rights of citizens.
    • The people are the ultimate source of power, and the government derives its authority from their consent. The constitution places restrictions on the government’s actions and establishes the structure of the government.
    • There is a separation of powers between the legislature, executive, and judiciary, with each acting as a check on the others. The rule of law applies equally to all citizens and the government itself.
    • Minority rights are protected, and the will of the majority is balanced against the rights of individuals and minority groups. Constitutional democracy guarantees some rights to everyone, irrespective of their status as a minority or majority.
    • The origins of constitutional democracy can be traced back to Enlightenment ideas of natural rights, social contract theory, and the separation of powers. The United States Constitution, adopted in 1787, was a pioneering example of a written constitution establishing a federal system of government with a separation of powers

    RSS Ideology vs Constitutional Democracy

    • Conflict of Ideologies: The lifting of the ban raises questions about the relationship between the RSS’s ideology and the constitutional framework of India. The RSS promotes a vision of a Hindu nation, which may conflict with the secular and pluralistic ideals enshrined in the Constitution.
    • Constitutional Morality: The Constitution aims to create a society that respects diverse religions and cultures, contrasting with the RSS’s focus on a singular religious identity. This juxtaposition presents challenges to the commitment of civil servants to uphold constitutional values.
    • Historical background of the Constitution: The Constitution was designed to restructure Indian society post-independence, ensuring inclusivity and rejecting the idea of a state aligned with a single religious community. The RSS’s ideology, which criticizes the post-1947 restructuring, poses a fundamental challenge to this vision.
    • Democratic Challenges: The existence of non-democratic and exclusionary ideas within a democratic framework complicates governance. The rise of Hindutva politics, which emphasizes majoritarianism and exclusion, threatens the principles of constitutional democracy.
    • Need for Reinforcement: To counter the influence of ideologies that contradict constitutional morality, there is a pressing need to reinvigorate the commitment to constitutional democracy among civil servants and the broader public.

    Conclusion: To uphold constitutional democracy, it is crucial to reinforce the commitment to secularism, inclusivity, and the rule of law among civil servants and the broader public amidst ideological challenges.

    Mains PYQ: 

    Q To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (2017)

  • On the Jurisdiction of the CBI         

    Why in the News? 

    The Supreme Court upheld the West Bengal government’s suit, which accuses the Union government of “Constitutional overreach” by using the Central Bureau of Investigation (CBI) to register and investigate cases in the state, despite the state’s withdrawal of general consent on November 16, 2018.

    Background

    • In November 2018, the West Bengal government withdrew its “general consent” that allowed the CBI to conduct investigations within the state.
    • However, the CBI continued to register FIRs and conduct investigations in West Bengal, leading the state government to file an original suit in the Supreme Court under Article 131 of the Constitution.
    • The suit accused the Union government of “constitutional overreach” by allowing the CBI to operate in West Bengal despite the withdrawal of general consent.

    Key highlights of the verdict: 

    • Solicitor-General Tushar Mehta argued the CBI’s independence from the Union government, but the Supreme Court pointed to the DSPE Act’s provisions.
    • It highlighted the Act’s requirement for Central government control over CBI’s establishment and administration, except for cases under the Prevention of Corruption Act, which the CVC oversees.

    Is the CBI an Independent Agency or Under Union Government Control?

    • The Supreme Court ruled that the Central Bureau of Investigation (CBI) is not entirely independent. 
      • The CBI is constituted, administered, and has its powers extended under the Delhi Special Police Establishment (DSPE) Act, 1946.
    • The central government exercises superintendence over the CBI, particularly for offenses other than those under the Prevention of Corruption Act, where the Central Vigilance Commission has superintendence.
      • Therefore, the Union government is vitally concerned with the CBI’s functions and operations.

    Does the CBI Need the State’s Permission to Carry Out Investigations in Its Territory?

    • The CBI derives its powers from the DSPE Act, of 1946.
      • According to Section 6 of this Act, the CBI requires the state government’s consent to extend its investigation beyond the Union Territories.
    • The Supreme Court has ruled that although the CBI is under the administrative control and superintendence of the Union government, this does not negate the requirement of state consent for investigations as per the DSPE Act.
    • There are two types of consent – General consent and Specific consent.
      • When a state gives general consent, the CBI does not need to seek permission for every case.
      • However, if the general consent is withdrawn, the CBI needs to seek specific case-by-case consent from the state.
    • Several opposition-ruled states have withdrawn their general consent for CBI investigations, which has hampered the CBI’s ability to freely investigate cases of corruption involving central government employees in those states.
      • The states that have withdrawn are- Mizoram, West Bengal, Andhra Pradesh, Chhattisgarh, and then states of Punjab, Maharashtra, Rajasthan, Kerala, and Jharkhand (2020).
      • Telangana, Tamil Nadu, and Meghalaya withdrew general consent in 2022.
    • However, the withdrawal of general consent does not affect pending CBI investigations or cases where a court has ordered a CBI probe. The CBI can also approach a local court to obtain a search warrant to conduct investigations in states that have withdrawn consent.

    Note: In total, 10 states have withdrawn general consent to the CBI as of 2022. This has significantly limited the CBI’s ability to freely investigate cases in these states without seeking prior permission.

    Way Forward: 

    • Strengthening Federal Cooperation: Establish a clear institutional framework that promotes cooperation and coordination between the central and state governments regarding CBI investigations.
    • Legal and Administrative Reforms: Consider amending the DSPE Act to provide more clarity on the roles and powers of the CBI and the requirements for state consent.

    Jurisdictional Overview and Federal Character:

    The CBI operates within the context of India’s federal structure, which grants states certain powers and autonomy. The need for state consent limits the CBI’s jurisdiction, as it cannot conduct investigations in states without their general consent.

    Powers and Jurisdiction of CBI

    • Offenses against Central Government Employees: The CBI has jurisdiction to investigate crimes committed against employees of the central government, such as bribery, corruption, or misconduct cases involving central government officials.
    • Interstate and International Cases: The CBI can investigate cases that have inter-state or international ramifications, including organized crime, terrorism, human trafficking, money laundering, and other offenses that require a nationwide or global perspective.
    • Specific Offences Listed in the Delhi Special Police Establishment Act: The CBI can investigate offenses specified in the Delhi Special Police Establishment Act, including offences under the Prevention of Corruption Act, crimes related to the violation of certain central laws, and cases referred to the CBI by the courts or the central government.

    Mains PYQ: 

    Q The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (UPSC IAS/2021)