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

  • Dismissal of govt employees: What the Constitution says

    Lt Governor has dismissed 11 Jammu and Kashmir government employees for alleged terror links under provisions of Article 311(2)(c) of the Constitution.

    What is Article 311?

    • Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’.
    • Under Article 311(2), no civil servant can be “dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges’’.
    • Subsection (c) of the provision, however, says this clause shall not apply “where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry”.

    Remedy available

    • The only available remedy to a terminated employee is to challenge the government’s decision in the High Court.

  • WB Bureaucrat Transfer Issue

    West Bengal CM has announced that the outgoing Chief Secretary would be appointed Chief Advisor to the Chief Minister.

    Story so far

    • A senior IAS officer has been the subject of a tussle between the Centre and the state government over the last few days.
    • He was due to begin an extension of three months after retiring as Chief Secretary, but the Centre instead asked him to report and join the Government of India.
    • He did not do so.

    How officers get an extension?

    • Rule 16(1) of DCRB (Death-cum-Retirement Benefit) Rules says that “a member of the Service may be given an extension of service for a period not exceeding three months in the public interest, with the prior approval of the Central Government”.
    • For an officer posted as Chief Secretary of a state, this extension can be for six months.

    Central Deputation

    • In normal practice, the Centre asks every year for an “offer list” of officers of the All India Services willing to go on central deputation.
    • Rule 6(1) of the IAS Cadre Rules says an officer may with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government…”
    • It says “in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.”

    Issues with such deputation

    • Because of the Rule, states have to bear the brunt of arbitrary actions taken by the Centre, while the Rule makes it difficult for the Centre to enforce its will on a state that refuses to back down.

    What next

    • The Centre cannot take action against civil service officials who are posted under the state government unless the latter agrees.
    • Rule 7 of the All India Services (Discipline and Appeal) Rules, 1969, states that the authority to institute proceedings and to impose penalty will be the state government.
    • For any action to be taken against an officer of the All India Services, the state and the Centre both need to agree.

  • CBI

    The high-powered selection committee headed by the Prime Minister has finalized some names for the post of CBI director.

    Try answering this:

    Q.Why the CBI is called “a caged parrot speaking in its master’s voice”? Critically comment.

    Central Bureau of Investigation

    • The CBI is the premier investigating agency of India operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
    • It was originally set up to investigate bribery and governmental corruption.
    • In 1965 it received expanded jurisdiction to investigate breaches of central laws enforceable by the Government of India, multi-state organized crime, multi-agency or international cases.
    • The agency has been known to investigate several economic crimes, special crimes, cases of corruption, and other cases.
    • CBI is exempted from the provisions of the Right to Information Act. CBI is India’s officially designated single point of contact for liaison with Interpol.

    Its composition

    • The CBI is headed by a Director, an IPS officer with a rank of Director General of Police.
    • The director is selected by a high-profile committee constituted under The Delhi Special Police Establishment (DSPE) Act, 1946 as amended through The Lokpal and Lokayuktas Act, 2013, and has a two-year term.
    • The Appointment Committee consists of:
    1. Prime Minister – Chairperson
    2. Leader of Opposition of Loksabha or the Leader of the single largest opposition party in the Lok Sabha, if the former is not present due to lack of mandated strength in the Lok Sabha – member
    3. Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member

    Jurisdiction, powers and restrictions

    • The legal powers of investigation of the CBI are derived from the DSPE Act 1946, which confers powers, duties, privileges and liabilities on the Delhi Special Police Establishment (CBI) and officers of the UTs.
    • The central government may extend to any area (except UTs) the powers and jurisdiction of the CBI for investigation, subject to the consent of the government of the concerned state.
    • Members of the CBI at or above the rank of sub-inspector may be considered officers in charge of police stations.
    • Under the DSPE Act, the CBI can investigate only with notification by the central government.

    Relationship with state police

    • The CBI was originally constituted under the DSPE Act, to operate within the territory of Delhi.
    • As policing and law is a subject that falls within state powers under the structure of Indian federalism, the CBI needs prior consent from other state governments in order to conduct investigations within their territory.
    • This consent can be in the form of a ‘general consent’ under Section 6 of the DSPE Act, which remains in operation for all investigations.
    • Once consent is granted, the CBI can investigate economic, corruption, and special crimes (including national security, drugs and narcotics, etc.)
    • Most Indian states had granted general consent to the CBI to investigate crimes within their territory.
    • However, as of 2020, several states have withdrawn their ‘general consent’ for the CBI to operate, and require special consent to be granted on a case-to-case basis.

    Issues with CBI

    • In 2013, Judge of the Supreme Court of India (and later CJI) R. M. Lodha criticized the CBI for being a “caged parrot speaking in its master’s voice”.
    • This was due to its excessive political interference irrespective of which party happened to be in power.

  • Article 311 of the Indian Constitution

    A suspended Maharashtra police officer was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) of the Indian Constitution without a departmental enquiry.

    What is Article 311?

    • Article 311 says that no government employee either of an all India service or a state government shall be dismissed or removed by an authority subordinate to the owner that appointed him/her.
    • Section 2 of the article says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

    Various safeguards under Art. 311

    • Article 311 is meant to act as a safeguard for civil servants that give them a chance to respond to the charges in an enquiry so that he/she is not arbitrarily dismissed from service.
    • The article also provides exceptions to these safeguards under subclause 2 provision b.
    • It states “when an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry”.

    What is the process of a departmental enquiry?

    • In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal chargesheet of the charges.
    • The civil servant can represent himself/herself or choose to have a lawyer.
    • Witnesses can be called during the departmental enquiry following which the enquiry officer can prepare a report and submit it to the government for further action.

    Are there other exceptions where a person can be dismissed without departmental enquiry?

    • As per Article 311 subclause 2 provision a, if a government employee is convicted in a criminal case, he can be dismissed without DE.
    • Apart from this, under 311 (2) (c), a government employee can be dismissed when the President or the Governor, as the case may be, is satisfied in the interest of the security of the state.

    Can the dismissal under section 311 (2) be challenged by the government employee?

    • Yes, the government employee dismissed under these provisions can approach either tribunal like the state administrative tribunal or the Central Administrative Tribunal (CAT) or the Courts.

  • Civil service reforms in India

    The article highlights the role bureaucracy can play in the development of the country and suggests the ways to deal with the challenges faced by the bureaucracy.

    Background of the PSU’s

    • In the 1950s and ’60s, the private sector had neither the capability to raise capital to take the country on the path of industrialisation.
    • The state had to take on the role of industrialising the country by establishing PSUs.
    • The civil services became the natural choice for establishing and managing these units.
    • They delivered substantially, if not fully.
    • Even after privatisation, the bureaucracy would be required for the transition of PSUs from the public to the private sector.

    Need for structural transformation agenda

    • The goal of making India a $5-trillion economy needs a coherent structural transformation agenda and extraordinary implementation capacity.

    1) Dealing with crony capitalisms

    • Since Independence, the political survival of Indian regimes has required pleasing a powerful land-owning class and a highly concentrated set of industrial capitalists.
    • The elites of business houses and land owners share no all-encompassing development agenda.
    • Can the present regime find a way out of this conundrum?

    2) Implementing the development agenda

    • While the agenda is an outcome of political choices, the thinking goes that market mechanisms should be used as far as possible to make economic choices.
    • This argument is at the heart of the privatisation of state assets.
    • However, markets operate well only when they are supported by other kinds of social networks, which include non-contractual elements like trust.
    • Particularly in industrial transformation, there must be an essential complementarity of state structures and market exchange.
    • Only a competent bureaucracy can provide this.
    • It is for this reason that Max Weber argued that the operation of large-scale capitalist enterprise depended upon the kind of order that only a modern bureaucratic state can provide.

    3) Removing the constraints on the bureaucracy

    • The political and permanent executives had to work as a team through mutual respect for each other’s roles as defined in the Constitution.
    • Every deviation from these ideals has lowered the capacity of the state to deliver.
    • This is the result of electoral politics where the essence of the state action is the exchange relationships between the incumbent governments and its supporters.
    • All this is achieved by undermining the impartiality of the bureaucracy in implementing rules and giving opinions frankly.
    • The power to transfer is weaponised to bring the bureaucrats to heel and it works because authority sits with the position not the person.
    • The pressure on officials to behave contrary to the ostensible purpose of the department undermines to a great extent the ability of the state to promote development.
    • If privatisation is to work, then the corruption-transfer mechanism and its effects on the bureaucracy has to go.

    4) Corporate coherence

    • Corporate coherence is the ability of the bureaucracy internally to resist the invisible hands of personal maximisation by undercutting the formal organisational structure through informal networks.
    • If this goes too far, then everything becomes open to sale and the state becomes predatory.

    Consider the question “What are the issues facing civil services in India? Suggest the ways to deal with these issues.”

    Conclusion

    We need to fight the increasing tendency to grab public resources and restore to the bureaucracy its autonomy of action as envisaged in the Constitution by de-weaponising transfers.

  • Prakash Singh Judgment on Police Reforms, 2006

    Political interference in police postings continues despite the landmark Prakash Singh judgment nearly a decade-and-a-half ago that addressed the issue and was pegged to be a watershed moment in police reforms.

    Politics is a perplexing, but fascinating game. It takes ages to unravel the intricate secrets that shroud the kernel of closed room politics. But contrary has happened with the Maharashtra Police.

    What is the SC’s Prakash Singh judgment on police reforms?

    • Prakash Singh, who served as DGP of UP Police and Assam Police besides other postings, filed a PIL in the Supreme Court post-retirement, in 1996, seeking police reforms.
    • In a landmark judgment, the Supreme Court in September 2006 had directed all states and Union Territories to bring in police reforms.
    • The ruling issued a series of measures that were to be undertaken by the governments to ensure the police could do their work without worrying about any political interference.

    What measures were suggested by the Supreme Court?

    • The seven main directives from the Supreme Court in the verdict were fixing the tenure and selection of the DGP to avoid situations where officers about to retire in a few months are given the post.
    • In order to ensure no political interference, a minimum tenure was sought for the Inspector General of Police so that they are not transferred mid-term by politicians.
    • The SC further directed postings of officers being done by Police Establishment Boards (PEB) comprising police officers and senior bureaucrats to insulate powers of postings and transfers from political leaders.
    • Further, there was a recommendation of setting up the State Police Complaints Authority (SPCA) to give a platform where common people aggrieved by police action could approach.
    • Apart from this, the SC directed the separation of investigation and law and order functions to better improve policing, setting up State Security Commissions (SSC) that would have members from civil society and forming a National Security Commission.

    How did states respond to these directives?

    • The Commonwealth Human Rights Initiative (CHRI), in its report of 2020 has some useful data.
    • It tracked changes made in the police force following the 2006 judgment.
    • It has found that not even one state was fully compliant with the apex court directives and that while 18 states passed or amended their Police Acts in this time, not one fully matches legislative models.

    What has been the response of the Supreme Court to these issues?

    • Prakash Singh said that he has followed up on these issues and has had nearly five contempt petitions issued in the past decades to states found to be non-compliant.
    • Singh said that bigger states like Maharashtra, Tamil Nadu and UP have been the worst when it comes to bringing about systemic changes in line with the judgment and that it is only the North-Eastern states that have followed the suggested changes in spirit.
    • Singh said states like Maharashtra make their own laws that are not effective.
    • The need of the hour is an all-India Act that all states have to follow and small changes can be made in exceptional cases relating to the situation in a particular state.

  • [pib] Mission Karmayogi

    The Union Minister of Personnel, Public Grievances & Pensions has informed about the Mission Karmayogi to Parliament.

    Try this MCQ:

    Q.The Mission Karmayogi recently seen in news is related to:

    a) EPFO reforms

    b) Labour laws reforms

    c) Civil Services reforms

    d) Artisans and Handicrafts

    Mission Karmayogi

    • The mission is established under the National Programme for Civil Services Capacity Building (NPCSCB).
    • It is aimed at building a future-ready civil service with the right attitude, skills and knowledge, aligned to the vision of New India.
    • It is meant to be a comprehensive post-recruitment reform of the Centre’s human resource development, in much the same way as the National Recruitment Agency approved last week is pre-recruitment reform.

    Why such a mission?

    • The capacity of Civil Services plays a vital role in rendering a wide variety of services, implementing welfare programs and performing core governance functions.

    Major undertakings of the scheme

    • The scheme will cover 46 lakh, Central government employees, at all levels, and involve an outlay of ₹510 crores over a five-year period, according to an official statement.
    • The programme will support a transition from “rules-based to roles-based” HR management so that work allocations can be done by matching an official’s competencies to the requirements of the post.
    • Apart from domain knowledge training, the scheme will focus on “functional and behavioural competencies” as well, and also includes a monitoring framework for performance evaluations.
    • Eventually, service matters such as confirmation after the probation period, deployment, work assignments and notification of vacancies will all be integrated into the proposed framework.
    • The capacity building will be delivered through the iGOT Karmayogi digital platform, with content drawn from global best practices rooted in Indian national ethos.

    Apex bodies under the mission

    • The Prime Minister’s Public Human Resource Council will be set up as the apex body to direct the reforms.
    • There will be an autonomous Capacity Building Commission to be established to manage the reformed system and harmonize training standards across the country so that there is a common understanding of India’s aspirations and development goals.
    • A wholly government-owned, not-for-profit special purpose vehicle will be set up to own and operate the digital platform and its content.

    Answer: C

  • Changes needed in lateral entry requirements

    It has been a while since the government introduced the provision of lateral entry into civil services. This article suggests the changes that need to be made in the system to attract the best talent and facilitating their success.

    Administrative reforms in India

    • The lack of administrative reform in India has frustrated many stakeholders for a long time.
    • One of the key focus areas of such reform is enabling lateral entry into an otherwise permanent system of administrators.
    • Eight professionals were recruited for joint secretary-level positions in various ministries.
    • Some other positions at the joint secretary and director-level have been advertised.

    Changes needed

    1) Entry requirements need to be relaxed

    • In the permanent system, IAS officers get promoted to joint secretary level after 17 years of service and remain at that level for ten years.
    • If similar experience requirements are used for lateral entry, it is unlikely that the best will join because in the private sector they rise to the top of their profession at that age.
    •  To attract the best talent from outside at the joint secretary level, entry requirements need to be relaxed so that persons of 35 years of age are eligible.

    2) Facilitating lateral entrants for success

    • There are many dimensions to this. For a start, there are several joint secretaries in each ministry who handle different portfolios.
    • If assigned to an unimportant portfolio, the chances of not making a mark are high.
    • A cursory look at the portfolios of the eight laterally-hired joint secretaries doesn’t suggest that they hold critical portfolios.
    • There must also be clarity in what precisely is the mandate for the lateral entrant.
    • To be disrupters, lateral entrants need to be able to stamp their authority on decision making.
    •  For this to happen, there need to be more lateral entrants at all levels in ministries.
    • In the functioning of government, there is a long chain in decision-making and a minority of one cannot override it.
    • Also, it requires an understanding of the system and an ability to work with the “permanent” establishment.
    • No training or orientation is provided for this.

    Consider the question “What are the advantages of lateral entry in the civil services? What are the challenges in the success of lateral entrants? Suggest the measures to improve it.”

    Conclusion

    Lateral entry, like competition in any sphere, is a good thing. But serious thinking is required on entry requirements, job assignments, number of personnel and training to make it a force for positive change. Some reform of the “permanent” system — particularly its seniority principle — may be a prerequisite.

  • ‘Lateral Entry’ into Bureaucracy: Reason, Process, and Controversy

    This newscard is an excerpt from the original article published in the Indian Express.

    Background

    • Earlier this month, the UPSC issued an advertisement seeking applications for the posts of Joint Secretary and Director in central government Departments.
    • These individuals, who would make a “lateral entry” into the government secretariat, would be contracted for three to five years.
    • These posts were “unreserved”, meaning were no quotas for SCs, STs and OBCs.

    UPSC begins lateral entry

    • The new ad is for the second round of such recruitments.
    • Earlier, the government had decided to appoint experts from outside the government to positions of Joint Secretary in different Ministries/Departments and at the level of Deputy Secretary/Director in 2018.

    Q.In light of the growing need for Lateral Entry in top secretarial posts, discuss the need for enhancing the professional competence of Civil Servants in India.(150W)

    What is ‘Lateral Entry’ into government?

    • NITI Aayog, in 2017 had recommended the induction of personnel at middle and senior management levels in the central government.
    • These ‘lateral entrants’ would be part of the central secretariat which in the normal course has only career bureaucrats from the All India Services/ Central Civil Services.

    What are the ranks invited for this entry?

    • A Joint Secretary, appointed by the Appointments Committee of the Cabinet (ACC), has the third-highest rank (after Secretary and Additional Secretary) in a Department.
    • It functions as the administrative head of a wing in the Department.
    • Directors are a rank below that of Joint Secretary.

    What is the government’s reasoning for lateral entry?

    • Lateral recruitment is aimed at achieving the twin objectives of bringing in fresh talent as well as augments the availability of manpower.
    • Government has, from time to time, appointed some prominent persons for specific assignments in government, keeping in view their specialised knowledge and expertise in the domain area.
    • Indeed, the first ARC had pointed out the need for specialization as far back as 1965.
    • The Surinder Nath Committee and the Hota Committee followed suit in 2003 and 2004, respectively, as did the second ARC.
    • In 2005, the Second Administrative Reforms Commission (ARC) recommended an institutionalized, transparent process for lateral entry at both the Central and state levels.

    Why is lateral entry sometimes criticised?

    • Groups representing SCs, STs and OBCs have protested the fact that there is no reservation in these appointments.
    • Some argue that the government is opening back doors to bring its own lobby openly.

    Mentor’s comment: Why is lateral entry necessary?

    For the sake of political economy

    • Pushback from bureaucrats, serving and retired, and the sheer institutional inertia of civil services has existed largely unchanged for decades have prevented progress.
    • The importance of economic effectiveness has risen concurrently.
    • That stagnation means the civil services as they exist today—most crucially, the Indian Administrative Service (IAS)—are unsuited to the country’s political economy in many ways.
    • The need for having bureaucrats act as binding agents, no longer exist.
    • Others, such as socioeconomic development, have transmuted to the point where the state’s methods of addressing them are coming in for a rethink.

    Conclusion

    • Pushback is inevitable since every smallest policy change is resisted in our country.
    • It is both a workaround for the civil services’ structural failings and an antidote to the complacency that can set in a career-based service.
    • The second ARC report points out that it is both possible and desirable to incorporate elements of a position-based system where lateral entry and specialization are common.

    Way forward

    • India’s civil services need reform. There is little argument about this.
    • These are not entirely new in India.
    • Domain experts have been brought in from outside the services to head various committees, advisory bodies and organizations.
    • Internal reforms—such as insulation from political pressure and career paths linked to specialization—and external reforms such as lateral entry are complementary.

  • What is the ‘Top 25’ drive initiated by Mumbai police?

    The Mumbai police have started a drive titled ‘Top 25’ aimed at keeping under check history-sheeters and those they believe could create trouble.

    Preventive detention laws in India have come to be associated with gross and frequent misuse.

    What is the ‘Top 25’ drive of the Mumbai police?

    • The Mumbai police commissioner has asked all police stations in the city to make a list of the “top 25” criminals and ask them to sign a bond of good behavior failing which they would have to pay a fine.
    • The aim is to rein in criminal elements and those the police believe could create a law and order problem in the city.
    • While this practices that is termed “chapter proceedings” has been followed in the past, the amount a person would usually forfeit was around Rs 10,000 – Rs 15,000.
    • Now, the amount has been raised up to Rs 50 lakh.

    How is the police calculating the surety amount now?

    • The police are now going through the bank details and tax returns of the person and the surety amount is set in accordance with the annual income of the offender or his family.
    • The police believe that the threat of having to pay a high amount will act as a deterrent and that a few thousand as surety amount did not have the desired effect.

    What are Chapter Proceedings?

    • Chapter proceedings are preventive actions taken by the police if they fear that a particular person is likely to cause law and order trouble.
    • These proceedings are unlike punitive action taken in case of an FIR with an intention to punish.
    • Here, the police can issue notices under sections of the Code of Criminal Procedure to ensure that the person is aware that creating a nuisance could result in action against him.
    • Recently, the Mumbai police initiated chapter proceedings against an extremely chauvinistic news reporter and media head.

    Rights of the accuse

    • On receiving such notice, a person can appeal before the courts.
    • In fact, in the past, courts have come down strongly against chapter proceedings in some cases.
    • In 2017, while striking down a notice issued to the owner of a bar, the Bombay High Court said: “chapter proceedings cannot be initiated on the basis of an incident of trivial nature”.

    Back2Basics: Arrest vs. Preventive Detention

    An ‘arrest’ is done when a person is charged with a crime. An arrested person is produced before a magistrate within the next 24 hours. In case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law and order situation.

    • Article 22 of the Indian Constitution provides safeguards against the misuse of police powers to make arrests and detentions.
    • Clause (2) of Article 22 reads that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey.
    • Clause (4) of the article states that no individual can be detained for more than 3 months unless a bench of High court judges or an Advisory board decides to extend the date.
    • Clause (5) states that the detained individual should be made aware of the grounds he/she has been detained (in pursuance of the order) and should provide him/her with an opportunity of making a representation against the case.
    • Parliament may by law prescribe the circumstances under a person may be detained for a period longer than three months under any law.