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

  • Arrest, agencies, and criminal courts

    Why in the news?

    In May 2024, the Supreme Court clearly stated its stance in two important rulings that affect the rights of individuals accused of crimes.

    About Supreme Court’s Decision on Detention:

    • Custody Not Necessary Before Charge Sheet: The Supreme Court ruled that the custody of an accused is not mandatory before filing a charge sheet in certain criminal cases.
    • Relief for Investigating Agencies: This decision, if adhered to by lower courts, could alleviate pressures on investigating agencies.

    Filing of Charge Sheet:Siddharth v. State of Uttar Pradesh and Another (2021)

    • Non-obligatory Arrest: Section 170 of the CrPC does not require investigating officers (IOs) to arrest every accused at the time of filing the charge sheet.
    • Acceptance of Charge Sheet: Courts cannot refuse to accept charge sheets solely because the accused is not in custody if the accused has been cooperating and is unlikely to abscond.
    • Practical Issues: Despite the ruling, IOs face challenges in filing charge sheets due to court practices and logistical constraints, such as the absence of all accused or arbitrary limits on the number of charge sheets accepted daily.

    Grounds of Arrest:

    1.  Pankaj Bansal v. Union of India and Others (2023):

    • Written Notification Required: Grounds of arrest must be provided in writing to the accused to comply with constitutional and statutory mandates, specifically under Section 19(1) of the PMLA.

    2. Prabir Purkayastha v. State (NCT of Delhi):

    • Application to UAPA: The requirement for written grounds of arrest under PMLA applies equally under UAPA.
    • Formal vs. Personal Grounds: Differentiates between formal reasons for arrest and personal grounds, necessitating detailed written reasons for arrest.

    3. Criminal Procedure Code (CrPC):

    • Section 50(1) Compliance: Requires that every police officer inform the arrested person of the full particulars of the offence and grounds of arrest.
    • Arrest Memo: While arrest memos detail charges and are signed by the IO and the accused, there is no legal requirement to provide a copy to the accused.
    • Recommendation for Amendment: To comply with constitutional rights, it is suggested to amend the law to provide a copy of the arrest memo to the accused, enhancing transparency and legal support.

    Conclusion: The Supreme Court’s decisions regarding the necessity of detention before charge sheet filing and the requirements for informing an accused of the grounds of arrest, highlight the implications for legal and procedural practices in India.

     

    Mains PYQ:

    Q Human right activists constantly highlight the fact that the Armed forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human right abuses by security forces. What sections of AFSPA are opposed by the activists. Critically evaluate the requirement with reference to the view held by Apex Court.  (UPSC IAS/2015)

  • Mission Karmayogi: For civil servants who are better prepared and citizen-oriented

    Why in the news?

    The” Indian Institute of Public Administration” evaluated the impact by gathering feedback from supervisors on recently trained staff, and reported enhanced proficiency in data analytics and e-governance tools.

    Observations Assessed by the Indian Institute of Public Administration

    • Increased Proficiency: The Indian Institute of Public Administration (IIPA) observed increased proficiency in data analytics and e-governance tools among recently trained staff.
    • Skill Development: Section officers and administration assistants across the country have completed 15 lakh online learning modules on data analytics, Government e Marketplace (GeM) modules, and advanced software tools like Excel, leading to enhanced skill levels.
    • Supervisor Feedback: Feedback from supervisors indicated noticeable improvements in the capabilities and efficiency of the trained staff, reflecting the positive impact of the training programs.

    About Mission Karmayogi and Gati Shakti

    • Mission Karmayogi: Launched by Prime Minister Narendra Modi, this initiative aims to transform India’s three million civil servants into citizen-centric, future-ready, and result-oriented professionals. It includes digital training courses and the use of an online learning portal, iGOT Karmayogi Bharat.
    • Capacity Building Commission (CBC): Constituted in 2021, the CBC provides policy guidance and tools to enhance the capabilities of all levels of India’s civil services, collaborating with various ministries and training institutions.
    • PM Gati Shakti: This platform integrates legal and geographic layers to plan and execute mega infrastructure projects efficiently. It promotes a “whole of government” approach for de-siloed, harmonized national priorities.
    • Training and Certification: Over 24,000 officials have completed PM Gati Shakti learning modules, and over 3,88,000 personnel have been certified in emerging technologies through iGOT Karmayogi Bharat.

    Issues and challenges 

    • Resistance to Change: Bureaucracy often resists change due to a preference for the status quo, which can hinder the adoption of new approaches and technologies.
    • Shift from Generalist to Specialist Approach: Moving from generalist to specialist roles can encounter resistance despite the need for domain expertise, which may slow down the development of specialized skills.
    • Technical Governance Demands: Effective governance today requires technical proficiency, necessitating skilled personnel. The lack of such skills can hinder the effective implementation of the mission

    What is Needed to Achieve the $30 Trillion Economy by 2047?

    • Improved Governance: Efficient and competent civil services are essential for achieving India’s ambitions. Civil servants must be trained to be citizen-centric, future-ready, and result-oriented.
    • Infrastructure Development: Speed up the construction of mega infrastructure projects such as railways and highways.Overcome delays caused by inter-ministerial permissions through integrated planning.
    • Skill Development and Training: Equip civil servants with skills in emerging technologies like AI, IoT, and Big Data. Ensure continuous learning and skill enhancement for civil servants through platforms like iGOT Karmayogi Bharat.
    • Citizen-Centric Approaches: Promote citizen-centric approaches among civil servants to improve public service delivery.Enhance the capacity of police personnel and other frontline workers to address citizen concerns effectively.
    • State and Municipal Roles: Strengthen the role of state governments and municipal corporations in delivering services and infrastructure.Implement capacity-building programs at the municipal level for better service delivery.
    • Tax System Reforms:Develop a tax system that is painless and rewards honest taxpayers. Train tax personnel to address systemic taxpayer grievances effectively.

    Way forward:

    • Continuous Training and Development: Expand online learning platforms like iGOT Karmayogi Bharat to offer specialized courses in emerging technologies, leadership, and governance for civil servants at all levels.
    • Performance Evaluation and Feedback Mechanisms: Establish robust performance evaluation systems to assess the effectiveness of training programs and identify areas for improvement.

    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)

  • Powers of the Enforcement Directorate (ED)

    In the News:

    • The Supreme Court witnessed a clash between the Tamil Nadu government and the Directorate of Enforcement (ED) concerning the jurisdiction of the ED to probe “illegal” sand mining activities in the state.
    • TN contested the ED’s authority to investigate sand mining under the Prevention of Money Laundering Act (PMLA), asserting that sand mining offenses were not scheduled under the PMLA.

    Why did the ED step in?

    • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
    • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
    • This will be done to find out if any laundering has taken place.

    About Enforcement Directorate (ED)

    Details
    Establishment May 1, 1956

    Initially set up as an ‘Enforcement Unit’
    Nodal Agency Department of Revenue, Ministry of Finance
    Jurisdiction Nationwide
    Functional Focus Economic and financial offenses including money laundering, foreign exchange irregularities
    Investigative Powers Attachment, confiscation, and arrest

    Conduct raids and searches

    Summon and question individuals
    Collaboration Coordinates with various agencies (CBI, local police) and banks
    Reporting Authority Department of Revenue, Ministry of Finance
    Corruption Investigations Has a separate Economic Offenses Division
    Notable Cases Vijay Mallya extradition

    PNB fraud case

    Augusta Westland VVIP chopper scam
    International Cooperation Works with international law enforcement for cross-border investigations (Interpol, FATF)
    Public Interface Accepts complaints and information regarding economic offenses
    Transparency and Accountability Regular reports to the Ministry of Finance; subject to oversight by judiciary and government bodies

    Legal Authority of the ED

    Description
    Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974 To sponsor cases of preventive detention related to contraventions of FEMA.
    Foreign Exchange Management Act (FEMA), 1999 ED to investigate suspected contraventions of foreign exchange laws and regulations, adjudicate and impose penalties, and

    Trace assets derived from proceeds of crime.
    Prevention of Money Laundering Act (PMLA), 2002 ED to investigate, trace assets derived from proceeds of crime, provisionally attach property, and

    Ensure prosecution and confiscation by Special Court (PMLA Court under Section 4 of PMLA).
    Fugitive Economic Offenders Act (FEOA), 2018 ED to enforce provisions related to attachment and confiscation of properties belonging to FEOs who have fled India to evade the legal process.

     

    Also read:

    [Burning Issue] Enforcement Directorate (ED): Dreaded nightmare of Indian Politicians & Businessmen

     

  • A case diary for the Indian police

    Is there any doubt that India is now a police state? Koi Shaq?

    Central Idea:

    The article by R.K. Raghavan discusses the state of policing in India, focusing on a recent conference in Jaipur attended by high-ranking police officers. It highlights the challenges faced by the police in terms of public trust, federal-state relations, and the need for a more inclusive and technology-driven approach. Raghavan emphasizes the growing importance of law enforcement in the country while acknowledging the persistent issues that hinder the improvement of the police force’s image.

    Key Highlights:

    • The three-day conference in Jaipur centered around contemporary issues in Information Technology for the police.
    • Prime Minister Narendra Modi’s interaction with police officers signals the increasing significance of law enforcement.
    • Despite honest intentions, the police struggle to gain the trust of the majority, and the public’s perception remains negative.
    • The article discusses the discord between the Centre and some Opposition-led States, especially regarding the Indian Police Service (IPS).
    • The author points out the need for a balance between federal governance and state autonomy, particularly concerning the Enforcement Directorate (ED).

    Key Challenges:

    • Lack of public trust and a negative image of the police force.
    • Growing discord between the Centre and Opposition-led States, especially regarding the IPS.
    • Unequal attention and glory given to IPS officers, limiting opportunities for lower-ranking personnel.
    • Politicization of the police force and the challenge of resisting illegal demands from grassroots politicians.

    Key Terms/Phrases:

    • Information Technology (IT)
    • Director General of Police (DGP)
    • Indian Police Service (IPS)
    • Enforcement Directorate (ED)
    • Federal Governance
    • Grassroots Politicians
    • Policing Hierarchy

    Key Quotes:

    • “The police have still to earn the trust and confidence of a majority of the populace.”
    • “The ‘New Delhi-conceived and managed’ Indian Police Service (IPS) is perceived to be ‘a permanent irritant’ to some States.”
    • “It is unfortunate that even seven decades after India’s Independence, citizens do not have a guardian organisation that will reach out to the poorest in the community.”

    Key Statements:

    • “The police force needs to balance federal governance and state autonomy to avoid conflicts.”
    • “The negative public image of the police hinders effective law enforcement.”
    • “There is a need for a major restructuring to bridge the gap between higher and lower ranks within the police force.”

    Key Examples and References:

    • Attacks on ED officers in some places in India pose a danger to relations between New Delhi and States.
    • The article mentions the lack of attention given to the constabulary, as IPS officers tend to hog all the glory.

    Key Facts/Data:

    • The three-day conference in Jaipur took place in the first week of January.
    • The article suggests that high unemployment rates in India drive many individuals to opt for a career in the police force.
    • The negative public perception of the police force persists even after seven decades of India’s Independence.

    Critical Analysis:

    • The article acknowledges the positive shift towards technology adoption within the police force but raises concerns about the unequal distribution of attention and opportunities among ranks.
    • The author highlights the persistent challenges in the relationship between the Centre and Opposition-led States, particularly in the context of federal policing.

    Way Forward:

    • The police force should focus on building trust through transparency and community engagement.
    • There is a need for a restructuring that ensures opportunities for lower-ranking personnel to prove themselves.
    • Policymakers should address the discord between the Centre and States to promote effective law enforcement.

    In summary, R.K. Raghavan’s article underscores the need for comprehensive reforms in India’s police force, considering issues of public trust, federal-state relations, and the need for a more inclusive and technology-driven approach. The author suggests that a balanced and transparent approach can contribute to a positive transformation of the police force in the country.

  • I-T searches, a form of extra-constitutional power

    I-T searches, a form of extra-constitutional power - The Hindu

    Central Idea:

    The article critiques the persistent judicial deference in interpreting statutes related to privacy rights in India, despite a significant Supreme Court decision in 2017. It focuses on the unchecked power granted to tax authorities under Section 132 of the Income Tax Act, highlighting the need for proportionality and stricter judicial review in executive actions.

    Key Highlights:

    • The 2017 Supreme Court decision affirmed the fundamental right to privacy but hasn’t significantly impacted the interpretation of related statutes.
    • Section 132 of the Income Tax Act grants broad powers to tax authorities, allowing searches without judicial warrants.
    • Recent incidents, like a lawyer’s raid, raise concerns about the abuse of these powers and the lack of safeguards.

    Key Challenges:

    • The persistence of a culture of judicial deference to executive authority in interpreting statutes.
    • The broad and unchecked powers granted to tax authorities under Section 132 of the Income Tax Act.
    • Lack of proportionality and strict judicial review in executive actions, risking potential abuse of power.

    Key Terms:

    • Judicial Deference
    • Section 132 of the Income Tax Act
    • Proportionality
    • Fundamental Right to Privacy
    • Executive Authority

    Key Phrases:

    • “Culture of justification”
    • “Judicial Deference”
    • “Doctrine of proportionality”
    • “Wednesbury rule”

    Key Quotes:

    • “The promised culture of justification is rarely on show, replaced by a culture of judicial deference.”
    • “Search and seizure powers must adhere to the doctrine of proportionality, ensuring a balance between means and violated rights.”

    Key Examples and References:

    • The Gujarat High Court questioning income-tax authorities on a lawyer’s raid.
    • The evolution of income-tax laws, especially the 1961 legislation and the subsequent Supreme Court cases.

    Key Statements:

    • “Post-Puttaswamy, there ought to be no place for the Wednesbury rule, especially when fundamental rights are at stake.”
    • “The state’s power to search and seize must be subject to the doctrine of proportionality.”

    Critical Analysis:

    The article critically examines the inconsistency in judicial interpretation post the Puttaswamy case, emphasizing the need for a more stringent review of executive actions, particularly in cases involving privacy rights. It questions the application of the Wednesbury rule and advocates for a proportional and justifiable approach.

    Way Forward:

    • Advocate for a reevaluation of Section 132 of the Income Tax Act in light of the Puttaswamy judgment.
    • Emphasize the importance of proportionality and judicial scrutiny in executive actions, especially those involving fundamental rights.
    • Call for a more comprehensive and balanced approach to interpreting statutes, ensuring protection against arbitrary executive excesses.

  • SC approves extension of Delhi Chief Secretary: Why governments keep their favourite bureaucrats

     

    Prime Minister Narendra Modi chairs 2nd National Conference of Chief Secretaries in New Delhi

    Central idea 

    The Supreme Court’s approval of a six-month extension for Delhi’s Chief Secretary, Naresh Kumar, sparks debates on judicial intervention in administrative decisions. Amid corruption allegations and public scrutiny, the extension raises broader questions about retirement age and the need for transparent benchmarks in recognizing exemplary service.

    Key Highlights:

    • Supreme Court’s Approval: The Supreme Court sanctioned a six-month extension for Delhi’s Chief Secretary, Naresh Kumar, deeming it compliant with existing rules.
    • Common Practice: Granting extensions to top officers is not new and offers a sense of continuity and familiarity for the government.
    • Legislation and Justification: The All India Services Act permits exceptions for extensions, and the impending general elections in Delhi provide justification for the decision.
    • Legal Considerations: The legality of the 2023 amendment to the NCT Act, determining authority over services, remains under scrutiny by the Supreme Court.

    Key Challenges:

    • Corruption Allegations: Accusations of corruption against Naresh Kumar and his son have significantly impacted public perception and raised concerns about the extension.
    • Judicial Involvement Debate: The judiciary’s intervention in administrative matters has sparked debates about its role and authority in such decisions.
    • Broader Questions: The practice of granting extensions prompts broader discussions about retirement age and the need for transparent benchmarks for recognizing service.

    Key Terms and Phrases:

    • All India Services Act
    • NCT Act
    • Chief Secretary
    • All-India Services
    • Continuity and familiarity
    • Transparency and benchmarks
    • Retirement age

    Key Quotes:

    • “Why can’t the CM and LG resolve the issue together?” – Supreme Court
    • “An extension here or there? In the larger scheme, those who govern have more to gain by giving extensions than run the risk of disrupting carefully laid plans with newcomers.” – Author

    Critical Analysis:

    The extension of Chief Secretary Naresh Kumar’s term, while legally sound as per the Supreme Court, has ignited debates about the judiciary’s role in administrative matters. Corruption allegations and public perception challenges highlight the complexities of such decisions. The practice of extensions triggers broader discussions on retirement age and the necessity for transparent criteria to recognize exemplary service.

    Way Forward:

    • Reevaluation: Reassess the practice of extensions, considering transparent benchmarks and criteria for recognizing exceptional service.
    • Retirement Age Consideration: Explore the potential of pushing up the retirement age for All India Services.
    • Public Trust Maintenance: Address public concerns and strike a balance between administrative decisions and judicial scrutiny.

  • Improving the capability of the Indian state

     

    Yes, prime minister

    Central Idea:

    The Indian state faces a paradox of being too burdensome in bureaucracy yet too small in terms of personnel. The focus should shift from the size of the state to addressing issues of perverse incentives, skill gaps, and institutional constraints for effective governance.

    Key Highlights:

    • Bureaucratic Challenges: Setting up businesses or homes in urban areas in India involves navigating a complex web of licenses, permits, and clearances, reflecting the bureaucratic thicket that hinders efficiency.
    • State Size Discrepancy: While India has a relatively small number of civil servants per capita and a lower public sector share in employment, it struggles with challenges in providing essential services and infrastructure.
    • Perverse Incentives: The root cause of governance inefficiency lies in perverse incentives within public institutions, hindering policymakers and officials from making and implementing effective policies.
    • Need for Delegation: Lessons from countries like Australia and Malaysia suggest that separating policymaking and implementation responsibilities expedites execution and encourages innovations, improving program outcomes.
    • Technocratic Gap: The lack of technocratic skills at the policymaking level results in substantial outsourcing to consultancy firms, revealing a gap that needs to be addressed for effective governance.

    Key Challenges:

    • Technocratic Skill Deficiency: The Indian bureaucratic system lacks technocratic skills, leading to significant outsourcing of crucial tasks to consultancy firms, highlighting a need for internal capability building.
    • Policy Failures: Both proponents and critics of a larger state miss the fundamental issue of perverse incentives and skill gaps, contributing to policy failures across various sectors.

    Key Phrases:

    • People-Thin, Process-Thick State: Describes the Indian state as lacking in personnel but burdened with complex processes, emphasizing the need for a shift in focus from size to efficiency.
    • Perverse Incentives: Highlights the negative motivations within public institutions that hinder sound policymaking and implementation.

    Key Quotes for good marks:

    • “The main problem, however, is the perverse incentives created by public institutions and the skill gap among officials.”
    • “Both sides to the debate are missing something fundamental.”

    Anecdotes:

    • National Highways Authority of India: The example of the NHAI, where policymaking and execution are separated, showcases the effectiveness of delegation in reducing delays and cost overruns.

    Critical Analysis:

    • Audits and Oversight: The focus on compliance over policy objectives due to narrowly scoped audits by oversight agencies hampers effective decision-making, causing delays and disputes.

    Way Forward:

    Implementing institutional reforms, such as separating policymaking and implementation, enhancing technocratic skills, and sensitizing oversight agencies to contextual policy decisions, can improve state capability.

  • SC upholds Extensions for CBI and ED Directors

    cbi ed

    Central Idea

    • The Supreme Court has upheld statutory amendments that permit the extension of tenures for Directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).
    • The court also directed the current ED Director, Sanjay Kumar Mishra, to resign four months before his third extension ends in November.

    Amendments and Tenure Extensions

    • Tenure of CBI and ED chiefs: The CBI and ED directors traditionally have fixed tenures of two years.
    • Amendments enacted in 2021: Amendments were made to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act, and the Fundamental Rules. These amendments allow directors to receive a maximum of three annual extensions, expanding their tenure beyond the two-year limit.
    • Overcoming the court’s directive: The amendments were introduced shortly after the Supreme Court directed the government to cease granting extensions to Sanjay Kumar Mishra. These amendments provided a way for the government to grant Mishra two additional extensions.

    Supreme Court’s Ruling

    • Ruling on back-to-back service extensions: The Supreme Court deemed the consecutive service extensions granted to Mishra in 2021 and 2022 as illegal.
    • Resignation deadline: The court ordered Mishra to resign by July 31, allowing for a smooth transition of responsibilities to his successor. Mishra has served as the ED Director for five years.
    • Disagreement with amicus curiae: The court disagreed with the submissions made by its own amicus curiae, who urged the court to strike down the amendments. The amicus curiae argued that the prospect of service extensions could influence the directors to work in accordance with the government’s desires, undermining the agencies’ independence.

    High-Level Committees and Justification

    • Role of High-Level Committees: The amendments require High-Level Committees to recommend directors for service extensions.
    • Committee composition and recommendations: The committees consist of members such as the Central Vigilance Commissioner, Vigilance Commissioners, Prime Minister, Opposition Leader, and Chief Justice of India, depending on the agency. These committees recommend whether an extension is warranted in the public interest.
    • Recording reasons for recommendations: The committees are obligated to provide written justifications for their recommendations.

    Constitutionality of Amendments

    • Legislative authority: The court emphasized that the amendments were enacted by Parliament and should not be easily declared unconstitutional.
    • Role of elected representatives: The court stated that the amendments were passed by elected representatives who possess knowledge of the needs and interests of the people.
    • Judicial restraint: The court acknowledged that it should not question the wisdom of the elected representatives unless there is a clear violation of constitutional provisions.

    Back2Basics:

    Central Bureau of Investigation (CBI) Enforcement Directorate (ED)
    Mandate Investigates and solves major crimes in India Enforces economic and financial regulations
    Jurisdiction Nationwide Nationwide
    Legal Authority Delhi Special Police Establishment Act, 1946 Prevention of Money Laundering Act, 2002
    Functional Focus Criminal investigations Economic and financial offenses
    Investigative Powers Arrest, search, seizure, and interrogation Attachment, confiscation, and arrest
    Collaboration Works closely with state police and agencies Coordinates with various agencies and banks
    Reporting Authority Department of Personnel and Training, GOI Department of Revenue, Ministry of Finance
    Corruption Investigations Has an Anti-Corruption Division Has a separate Economic Offenses Division
    Notable Cases 2G Spectrum Scam, Bofors Scandal, etc. Vijay Mallya extradition, PNB fraud case

     

  • Why women bureaucrats lose out on senior posts?

    Central Idea

    • In June 1991, P V Narasimha Rao, the 10th prime minister, initiated the liberalization of India’s economy by assembling a team of bureaucrats, technocrats, and politicians. However, a striking absence of women in this influential group raises questions about their representation in shaping India’s future.

    *Relevance of this topic*

    *Despite its economic growth, women’s participation in the country’s economy, polity and society has not kept pace.

    *As per IAS data and the central government’s employment census of 2011, less than 11 per cent of its total employees were women. In 2020, this reached 13 per cent only

    *In fact, out of a total of 11,569 IAS officers entering service between 1951 and 2020, only 1,527 were women. Further, only 14 per cent of Secretaries in the IAS were women in 2022, 13 out of 92 posts.

    *You can use the case studies mentioned below to support your answer

    Insufficient Representation of Women in the IAS

    • Recruitment rules favoring men: Historically, the recruitment rules for the Indian Administrative Services (IAS) were skewed in favor of men. For instance, only unmarried women were allowed to join the services, and they were required to resign if they got married. Such discriminatory rules limited the number of women entering the IAS.
    • Late removal of marriage disqualifier: It was only after the removal of the marriage disqualifier that the ratio of women to men in the IAS started to improve. However, this change came too late to address the systemic issues and challenges faced by women in the civil services by the time liberalization efforts began in 1991.
    • Lack of senior positions: Structural issues and systemic barriers prevented women officers from attaining senior positions in the IAS. By the time P V Narasimha Rao was forming his team for liberalization, women officers were either too junior in rank or faced ongoing obstacles that hindered their progress.
    • Mistrust in women’s abilities: Despite the removal of entry barriers, women in the civil services were often relegated to “soft” departments and not considered for key roles in crucial ministries such as finance, commerce, and industry. There was a prevalent bias that undermined trust in women’s abilities to handle challenging portfolios.
    • Absence of women in top leadership positions: India has yet to see a woman hold positions such as RBI governor, cabinet secretary, or chief economic advisor. This lack of representation at the highest levels of decision-making perpetuated the perception that women were not fit for leadership roles in core ministries.
    • Missed opportunities for deserving women: There have been instances where highly qualified and deserving women civil servants were overlooked for senior positions. Examples include Renuka Viswanathan, who faced resistance when seeking a role in the finance ministry despite her exceptional qualifications, and Sudha Pillai, who was denied the chance to become India’s first woman cabinet secretary.
    • Limited lateral hiring from diverse backgrounds: While Rao’s team included technocrats from academia and multilateral organizations, the lateral hiring process predominantly favored men. This led to missed opportunities for talented women, such as Padma Desai and Isher Judge Ahluwalia, who were not invited to join the team despite their significant contributions and qualifications.

    Cases of Exceptional Women and Missed Opportunities

    • Renuka Viswanathan: Renuka Viswanathan, the first woman district magistrate in Karnataka, held a doctorat d’etat (higher than a doctorate) in public finance from Paris Dauphine University. In the 1980s, when she sought a spot in the finance ministry, her appointment faced resistance. Her file was pushed to Rajiv Gandhi’s office, which had recently appointed Sarla Grewal as India’s first woman principal secretary to the prime minister. Ultimately, Viswanathan’s appointment was approved by Gandhi, highlighting her suitability for the finance ministry.
    • Sudha Pillai: Sudha Pillai, who could have become India’s first woman cabinet secretary, worked as a joint secretary in the industry ministry. She made notable contributions, including working on amending the anti-monopoly law. However, despite her qualifications and capabilities, she was not given the opportunity to reach the top leadership position of cabinet secretary.
    • Janaki Kathpalia: Janaki Kathpalia served as an additional secretary (budget) and worked closely with Manmohan Singh in preparing the union budgets from 1991 to 1995. Her role in shaping the budget was significant, but she also faced limitations in advancing to higher leadership positions.
    • Sindhushree Khullar: Sindhushree Khullar, who was the private secretary to the commerce minister P Chidambaram, oversaw significant changes in trade policy. Despite her contributions, she remained in a supporting role as a junior officer of the Indian Economic Service, which restricted her career progression.
    • Vandana Aggarwal: Vandana Aggarwal, another junior officer of the Indian Economic Service, played a crucial role in assisting Rakesh Mohan, the economic advisor to the industry ministry, in preparing the New Industrial Policy 1991. However, she also faced limitations in terms of recognition and upward mobility.

    What are the Systemic challenges?

    • Gender bias and stereotypes: Deep-rooted gender biases and stereotypes influence perceptions of women’s capabilities and roles within the bureaucracy. These biases often limit women to certain departments or positions considered traditionally suitable for them, reinforcing gendered expectations and hindering their access to senior roles.
    • Lack of mentorship and support: Women in the civil services often face a lack of mentorship and support systems necessary for career advancement. Limited access to guidance from senior officials and mentors, who are predominantly male, can impede women’s professional growth and opportunities.
    • Work-life balance challenges: Balancing professional responsibilities with familial and domestic obligations remains a significant challenge for women in the IAS. The demanding nature of administrative roles, long working hours, and limited support structures for childcare and family care can deter women from pursuing or advancing in their careers.
    • Glass ceiling and limited career progression: The glass ceiling phenomenon refers to the invisible barriers that prevent women from reaching top leadership positions within the bureaucracy. Despite having the necessary qualifications and capabilities, women often encounter obstacles in their career progression, leading to a significant underrepresentation of women in senior roles.
    • Gendered norms and cultural barriers: Societal norms and cultural expectations can create additional hurdles for women in the civil services. Traditional gender roles, biases against working women, and societal pressures can discourage women from pursuing careers in the bureaucracy or limit their opportunities for growth.
    • Lack of supportive policies and initiatives: The absence of robust policies and initiatives specifically aimed at promoting gender equality and empowering women in the civil services further exacerbates the systemic challenges. Limited maternity leave, inadequate childcare facilities, and a lack of gender-sensitive policies hinder women’s professional advancement and work-life balance

    Positive Shifts in recent times towards greater gender representation and inclusivity in civils services

    • Increased representation in civil service examinations: The latest round of the union civil service examinations saw a significant increase in the number of women candidates selected. Out of the 933 candidates selected, 320 were women, marking the highest-ever representation of women in these examinations.
    • Top ranks achieved by women: Women candidates secured six spots in the top 10 ranks, including the top four ranks, repeating the record set in the previous year. This achievement demonstrates the exceptional performance and capabilities of women in these competitive examinations.
    • Growing number of women entering the bureaucracy: The increasing number of women qualifying and entering the civil services indicates a positive trend towards greater gender diversity in the bureaucracy. More women, who are equally competent, are joining the civil services than before.

    Way Forward: Need for transformative change 

    • Policy Reforms: Introduce policy reforms that actively promote gender diversity and equal opportunities within the civil services. This includes reviewing and eliminating any discriminatory recruitment rules or practices that hinder women’s entry and advancement. Implementing gender-sensitive policies, such as extended maternity leave, flexible work arrangements, and support for work-life balance, can also foster a more inclusive work environment.
    • Mentoring and Leadership Development: Establish mentoring programs and leadership development initiatives specifically aimed at supporting women in the civil services. Encourage senior officials to mentor and guide aspiring women officers, providing them with opportunities to learn and grow within the bureaucracy. Leadership training programs should address gender biases, provide skill-building opportunities, and nurture women’s leadership potential.
    • Promoting Gender Sensitization: Conduct regular gender sensitization workshops and training sessions for all civil servants to raise awareness about gender biases, stereotypes, and the importance of gender equality. Create a work culture that values diversity, respects gender perspectives, and ensures a safe and inclusive environment for all employees.
    • Breaking the Glass Ceiling: Actively work towards breaking the glass ceiling that limits women’s progression to top leadership positions. Identify and address systemic barriers that impede women’s career advancement, such as biased promotion processes, lack of access to critical portfolios, and limited representation in decision-making bodies. Encourage transparent and merit-based selection processes for senior positions.
    • Encouraging Lateral Entry and Diverse Expertise: Promote lateral entry from diverse backgrounds, including academia, multilateral organizations, and the private sector, to bring in fresh perspectives and expertise. Ensure that women are equally considered for these lateral positions and given opportunities to contribute to policy formulation and implementation.
    • Institutional Support: Establish support mechanisms within the bureaucracy to address the unique challenges faced by women. This includes setting up internal committees to address gender-related grievances, providing mentorship networks, and creating avenues for women officers to voice their concerns and contribute to policy discussions.
    • Monitoring and Accountability: Regularly monitor and evaluate the progress made in achieving gender diversity goals within the civil services. Establish mechanisms for accountability and transparency to track the representation of women at different levels and ensure that policies and initiatives are effectively implemented.

    Conclusion

    • The journey towards gender equality in India’s civil services has witnessed progress but also encountered challenges. By nurturing and empowering talented women, India’s bureaucracy can harness their potential and pave the way for inclusive and diverse leadership at the highest levels. Achieving gender parity in the civil services will not only strengthen India’s governance but also promote social and economic progress for the nation as a whole.

    Also read:

    Women’s Political Representation in India: Moving Beyond Tokenism

     

  • Code of Conduct for Civil Servants: A Review

    Central Idea

    • The civil services in India have witnessed a resurgence in popularity, with a growing number of candidates applying each year.
    • In this article, we delve into the various rules that govern civil servants and the restrictions they face throughout their career.

    Civil Services and Services Allocation

    • Successful applicants in the civil services examination can join various services based on their rank and personal preferences.
    • Three prominent services, known as All India Services, include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS).
    • Other services, known as Central Civil Services, are under the central government and do not have a state cadre system.

    Rules for Conduct of Civil Servants

    • Civil servants are governed by two sets of rules:
    1. All India Services Conduct Rules, 1968, and
    2. Central Civil Services Conduct Rules, 1964
    • These rules cover a wide range of issues, outlining the expected behaviour and conduct of civil servants.

    Issues with these rules

    (1) Vague and Specific Rules

    • The Conduct Rules include both vague and specific provisions.
    • Rule 3(1) emphasizes maintaining absolute integrity and devotion to duty without engaging in any behaviour unbecoming of a civil servant.
    • Rule 4(1) prohibits the use of one’s position or influence to secure employment for family members with private organizations or non-governmental organizations.

    (2) Restrictions on Political Affiliation and Expression of Opinion

    • Rule 5(1) prohibits civil servants from being members of political parties or organizations involved in politics.
    • Rule 7 restricts civil servants from making adverse criticisms of government policies or actions in public media or documents.

    (3) Prohibition on Dowry

    • Giving or taking dowry is strictly prohibited for civil servants under Rule 11(1-A).
    • Civil servants are required to report any gifts exceeding Rs. 25,000 received from near relatives or personal friends.

    Amendments and Updates to the Rules

    • The Conduct Rules are not static and have been amended and updated over time.
    • The government determines the political nature of organizations, impacting civil servants’ association with them.
    • Additional sub-rules were added in 2014, focusing on maintaining high ethical standards, integrity, political neutrality, and accountability.

    Coverage and Penalties

    • Civil servants are covered by these rules as soon as they join training, which is part of their probation period.
    • Violations of the rules can result in major penalties, including dismissal from the service.
    • The Prevention of Corruption Act (POCA) complements the Conduct Rules in addressing corruption issues.

    Challenges in Enforcement

    • While the rules outline penalties, enforcing them can be challenging.
    • Complaints with proper details are necessary for action to be taken.
    • Proper channels, such as the Central Vigilance Commission and investigation agencies, exist for filing complaints.

    Way Forward

    • Ensuring the effective implementation of the Conduct Rules requires streamlining the complaint process and encouraging transparency.
    • Regular review and updates of the rules can help address emerging challenges and ensure their relevance.
    • Training programs and awareness campaigns can enhance civil servants’ understanding of their responsibilities and the consequences of non-compliance.
    • Collaborative efforts between government bodies, civil society, and the public can foster a culture of accountability and ethical conduct among civil servants.

     

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