Civil Services Reforms
In news: Central Administrative Tribunal (CAT)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Central Administrative Tribunal (CAT)
Mains level: NA
Why in the news?
- The Allahabad High Court clarified the appellate jurisdiction concerning orders issued by the Central Administrative Tribunal (CAT) in contempt proceedings.
- The court ruled that appeals against CAT contempt orders must be filed exclusively before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971.
What is Central Administrative Tribunal (CAT)?
- The CAT is a specialized quasi-judicial body in India established under Article 323-A of the Constitution of India.
- Its primary function is to adjudicate disputes and complaints related to recruitment and service conditions of government employees.
- CAT was set up to provide a speedy and inexpensive remedy to government employees in matters concerning their service conditions and employment disputes.
Establishment of CAT:
- The Administrative Tribunals Act in 1985 enacted by the Parliament authorizes the central government to establish Central Administrative Tribunal and the State Administrative Tribunals.
- There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.
Jurisdiction of CAT:
- The Administrative Tribunal is distinguishable from the ordinary courts with regard to its jurisdiction and procedure.
- It exercises jurisdiction only about the service matters of the parties covered by the Act.
- CAT exercises jurisdiction over all service matters concerning the following:
- A member of any All-India Service
- A person appointed to any civil service of the Union or any civil post under the Union
- A civilian appointed to any defence services or a post connected with defence
Services NOT Covered:
The following members are NOT covered under the jurisdiction of CAT:
- Defence forces, Officers,
- Staff of the Supreme Court and
- Secretarial staff of the Parliament.
Procedure:
- The CAT is guided by the principles of natural justice in deciding cases and is NOT bound by the procedure, prescribed by the Civil Procedure Code.
- It is empowered to frame its own rules of procedure and practice.
- Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
Composition:
- The CAT comprises of a chairman, vice- chairman and other members who are appointed by the President of India.
- The membership of CAT is filled by members from judicial and administrative fields.
- The term of the service is 5 years or until the age of 65 years for chairman and vice- chairmen; 62 years for members, whichever is earlier.
- The chairman, vice-chairman or any other member may address his resignation to the President in between his term of office.
PYQ:2019: The Central Administrative Tribunal (CAT) which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain.
Practice MCQ:Consider the following statements about the Central Administrative Tribunal (CAT): 1. The CAT is a specialized quasi-judicial body. 2. It adjudicates disputes and complaints related to recruitment and service conditions of government employees. 3. Personnel of the armed forces are covered in the jurisdiction of CAT. How many of the above statements is/are correct? (a) One (b) Two (c) Three (d) None |
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Civil Services Reforms
I-T searches, a form of extra-constitutional power
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Section 132 of the Income Tax Act
Mains level: I-T searches, a form of extra-constitutional power
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.
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Civil Services Reforms
SC approves extension of Delhi Chief Secretary: Why governments keep their favourite bureaucrats
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Chief Secretary
Mains level: balance between administrative decisions and judicial scrutiny
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.
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Civil Services Reforms
Improving the capability of the Indian state
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.
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Civil Services Reforms
Why women bureaucrats lose out on senior posts?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Insufficient Representation of Women in the IAS, systematic challenges and way forward
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 |
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Civil Services Reforms
With Great Power Comes Great Responsibility: In context of Civil Services
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Civil services in India
Mains level: Power and responsibilities of IAS officers, Sardar Vallabhbhai Patel's vision of Civil servants in Independent India. Quote based question in Ethics paper.
Central Idea
- In his historic address to the first batch of IAS probationers in 1947, Sardar Vallabhbhai Patel envisioned a new era for India and the civil services. He emphasized the importance of embodying a genuine spirit of service and adapting to the democratic governance of independent India. The ideals set by Patel are enshrined in the All-India Service Conduct Rules, outlining the values that officers must embrace.
What do the quote suggests “with great power comes great responsibility’?
- The quote “With great power comes great responsibility” suggests that when an individual possesses significant power or authority, they also bear a corresponding and significant responsibility to use that power wisely and for the benefit of others.
- It implies that power should be accompanied by a sense of duty and a commitment to act in a responsible and accountable manner.
- For instance, a prime minister has the power to implement policies that can stimulate economic growth and create jobs, but they also have the responsibility to ensure equitable distribution of resources, address income inequality, and protect vulnerable populations.
How does this quote specifically apply to the civil servants?
- Power to Make Decisions: Civil servants have the power to make decisions that can shape public policies, allocate resources, and affect the lives of individuals and communities. With this power comes the responsibility to make well-informed and ethical choices that prioritize the welfare and needs of the people they serve.
- Case, for example: An IAS serving as Sub-Divisional Magistrate overseeing the process of land acquisition for an upcoming expressway interacted with a farmer who shared demands related to the land acquisition. As the land acquisition collector, he realized that their authority and power were necessary to protect the rights and interests of the affected individuals. This showcases how civil servants have the power to make decisions that directly impact the lives and well-being of citizens
- Stewardship of Public Resources: Civil servants are entrusted with managing public resources, including financial, natural, and human resources. They have a responsibility to ensure the transparent and accountable use of these resources for the benefit of the public, avoiding any misuse or corruption.
- Case for example: District administration’s involvement in managing oxygen supplies and hospital beds during the second wave of the Covid-19 pandemic. Civil servants were responsible for judiciously utilizing scarce resources to save lives. This demonstrates their role as stewards of public resources, ensuring they are allocated effectively and efficiently to address critical needs.
- Service to the Common Good: Civil servants are public servants, and their primary responsibility is to serve the common good and promote the welfare of society. They must act impartially, without favouritism or discrimination, and work towards achieving inclusive and equitable development.
- Upholding Integrity and Ethical Standards: Civil servants should demonstrate high levels of integrity, honesty, and ethical conduct in their work. They must avoid conflicts of interest, act in accordance with the law, and adhere to the codes of conduct and professional ethics that govern their service.
- Accountability and Transparency: Civil servants are accountable to the public for their actions and decisions. They have a responsibility to provide transparency in their work, communicate effectively with the public, and be responsive to their needs and concerns.
Sardar Vallabhbhai Patel’s vision of Civil servants in Independent India
- Genuine Spirit of Service: Patel emphasized that civil servants should be guided by a genuine spirit of service towards the nation and its people. This reflected his belief in the selfless dedication and commitment that civil servants should embody in their work.
- Adaptation to Democracy: Patel recognized the shift towards democratic governance in independent India. He urged civil servants to adapt to this new form of governance, where they would view themselves as being one with the common people. This emphasized the importance of aligning their actions and decisions with the needs and aspirations of the citizens they serve.
- High Ethical Standards: Patel emphasized the need for civil servants to uphold high ethical standards. This included integrity, honesty, and moral uprightness in their personal and professional lives. Patel believed that these ethical values were essential for civil servants to effectively contribute to nation-building.
- Merit, Fairness, and Impartiality: Patel stressed the promotion of merit-based principles, fairness, and impartiality in the work of civil servants. He believed in providing equal opportunities and treating all citizens fairly, regardless of their backgrounds or affiliations. This principle aimed to ensure that civil servants acted without bias or discrimination, upholding the principles of justice and equity.
- Accountability and Transparency: Patel emphasized the importance of accountability and transparency in the functioning of civil servants. He believed that civil servants should be accountable for their actions, decisions, and the utilization of public resources. Transparency was seen as a crucial element in building public trust and confidence in the administration.
- Responsiveness to Weaker Sections of Society: Patel recognized the importance of addressing the needs and concerns of the weaker sections of society. He believed that civil servants should be responsive to the marginalized, disadvantaged, and vulnerable sections of society, ensuring that their voices were heard and their rights protected.
Challenges that hinder its complete realization in today’s context
- Political Interference: Civil servants often face challenges due to political interference in their work. This can hinder their ability to function impartially and independently, affecting their capacity to uphold the values of merit, fairness, and accountability.
- Bureaucratic Red Tape: The bureaucratic processes and procedures can sometimes be slow and cumbersome, leading to delays in decision-making and implementation. This can hamper the responsiveness of civil servants and their ability to address the evolving needs of society effectively.
- Lack of Adequate Resources: Insufficient allocation of resources and inadequate infrastructure can pose significant challenges for civil servants in delivering quality public services. Limited resources may hinder their ability to address the needs of weaker sections of society and promote inclusive development.
- Complex Societal Challenges: The evolving and complex challenges faced by modern society, such as rapid urbanization, climate change, technological advancements, and social inequalities, require civil servants to adapt and develop innovative solutions. Balancing the traditional roles and responsibilities with emerging challenges can be demanding.
- Ethical Dilemmas and Corruption: Civil servants often encounter ethical dilemmas and face the challenge of maintaining high ethical standards in the face of various temptations. Instances of corruption can undermine the vision of ethical conduct and accountability, eroding public trust in the civil service.
- Capacity Building and Skill Development: The evolving needs of governance and administration demand continuous capacity building and skill development for civil servants. Ensuring that civil servants have the necessary competencies and expertise to tackle complex issues is crucial for effectively realizing Patel’s vision.
- Technological Advancements: The rapid advancement of technology brings both opportunities and challenges for civil servants. Embracing and effectively utilizing technological tools while ensuring data security, privacy, and digital inclusivity pose challenges that need to be addressed.
Way forward
- Strengthen Institutional Frameworks: Enhance the autonomy and independence of civil service institutions to protect civil servants from undue political interference. Establish mechanisms to ensure merit-based recruitment, promotions, and postings, fostering a culture of professionalism and competence.
- Enhance Transparency and Accountability: Promote transparency in decision-making processes and ensure accountability for actions and resource utilization. Implement robust mechanisms to detect and prevent corruption, providing protection to whistleblowers. Encourage a culture of integrity and ethical conduct among civil servants.
- Promote Continuous Learning and Skill Development: Invest in capacity building programs and provide opportunities for civil servants to enhance their skills and adapt to emerging challenges. Foster a culture of learning, innovation, and knowledge-sharing within the civil service.
- Embrace Technology and Digital Transformation: Harness the power of technology to streamline processes, improve service delivery, and promote digital inclusivity. Implement e-governance initiatives, digital platforms, and data-driven decision-making to enhance efficiency, transparency, and citizen-centric services.
- Strengthen Citizen Engagement and Participation: Foster meaningful engagement with citizens, civil society organizations, and other stakeholders to understand their needs, concerns, and aspirations. Encourage participatory governance, involving citizens in policy formulation, implementation, and monitoring processes.
- Promote Diversity and Inclusion: Ensure diversity and inclusion in the civil service by encouraging representation from marginalized communities and underrepresented groups. Embrace the perspectives and experiences of diverse civil servants, fostering an inclusive and representative bureaucracy.
- Encourage Research and Evidence-based Decision Making: Emphasize the importance of research and evidence-based decision-making within the civil service. Promote the use of data and analytics to inform policy formulation, monitor progress, and evaluate outcomes.
- Strengthen Public Service Values and Ethics: Instill a sense of public service values and ethics through training, mentoring, and professional development programs. Promote a culture of public service, where civil servants internalize the values of integrity, honesty, and a genuine spirit of service
Conclusion
- The power of an IAS officer extends far beyond the perceived glamour or privilege associated with the position. It entails immense responsibility and a genuine spirit of service. By upholding high ethical standards, political neutrality, and embodying the values enshrined in the All-India Service Conduct Rules, civil servants can contribute meaningfully to nation-building. Their power lies in their ability to advocate for fellow citizens, effect positive change, and carry forward the legacy of those who shaped modern India.
Also read:
| Code of Conduct for Civil Servants: A Review |
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Civil Services Reforms
Code of Conduct for Civil Servants: A Review
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Conduct of Civil Servants
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:
- All India Services Conduct Rules, 1968, and
- 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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Civil Services Reforms
Citizen-Centric Governance: Important Aspects of Development In Any Democracy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Karmayogi
Mains level: Citizen-Centric Governance, initiatives and Citizen participation
Central idea
- Citizen-centric governance is an evolving concept, and to put it into action requires clarity in the actions that civil servants perform and how citizens engage with the state. Citizen engagement is about collaborative partnerships and dialogue and must involve all stakeholders to ensure the overall development of a community or a nation.
Citizen-Centric Governance
- Paradigm shift in traditional governance: Citizen-centric governance refers to a paradigm shift in the traditional governance structures where the focus is shifted from the power holders to the citizens.
- Access to information and services to citizens: Traditionally, governance structures hold the power to make decisions that affect the lives of citizens. But citizen-centric governance focuses on providing citizens with access to information, services, and resources and on engaging them in the policy-making process.
- Increased citizen participation: The objective of citizen-centric governance is to increase citizen participation in decision-making processes
Mission Karmayogi
- Capacity building of civil servants: Mission Karmayogi, the National Programme for Civil Services Capacity Building has been strategically working to build the capacities of civil servants through various innovative interventions to sensitise and reframe the fabric of citizen participation.
- karmachari to karmayogi: Today, thousands of railway employees, Gramin Dak Sevaks, police personnel in the UTs and employees of BSNL are all going through an outcome-based capacity-building programme that is shifting them from thinking like a karmachari to acting like a karmayogi.
Citizen Engagement
- Citizen engagement refers to how citizens participate in the political, social and economic aspects of their community or society.
- Citizen engagement is highly embedded in the nature of the political and governance context and existing power relations.
- It needs to be understood as a core component of any governance system, and in democracies, citizen engagement is a basic principle because it is understood that governments derive their authority and power from the people.
What the multi-stakeholder engagement requires?
- Constructive dialogue: Development by the people and for the people is indeed possible. Citizen engagement towards democratising the process of development necessarily involves a constructive dialogue between and amongst all stakeholders.
- Mutual trust and respect: Meaningful dialogue among the stakeholders the state, citizenry, private sector, media, civil society and academia can sustain only when there is mutual trust. The relationship between these multiple stakeholders needs to be driven by mutual respect and an appreciation of interdependence and reciprocity.
- Redrawing boundaries of engagement: However, this may involve redrawing boundaries of engagement and roles that stakeholders have traditionally assumed for themselves.
- Partnership approach: The multi-stakeholder engagement would require the adoption of the partnership approach by all parties involved.
Conclusion
- Citizen-centric governance and citizen engagement are important aspects of development in any democracy. By adopting a partnership approach and mutual respect for each other’s roles, stakeholders can work together to ensure the overall development of a community and nation at large. The Indian government’s program, Mission Karmayogi, is a right step towards building the capacities of civil servants and sensitizing them to citizen participation.
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Civil Services Reforms
Public Policy Education: Essential For Developing Effective Policies
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Public Policy Education and its significance and suggestions
Central Idea
- Government policies play a crucial role in determining the future of a country. They not only impact economic growth and public welfare but also improve the ease of living for citizens. Unfortunately, there is a lack of interest in public policy education in India, with only a small percentage of policymakers having formal education in public policy and administration.
Public policy education
- Public policy education refers to the study and teaching of the principles, theories, and methods involved in the development, implementation, and evaluation of policies that address societal issues.
- This field of education aims to equip students with the knowledge and skills necessary to analyze, create, and manage public policies effectively.
How the government policies, economic growth, and public welfare are closely interconnected?
- Government policies: Governments create and implement policies to guide economic activities, maintain social order, and promote the welfare of their citizens. These policies cover a wide range of areas, such as fiscal and monetary policy, trade policy, education, healthcare, social security, and infrastructure development. The effectiveness of these policies can have a direct impact on economic growth and public welfare.
- Economic growth: Economic growth is the increase in a country’s output of goods and services over time, usually measured by the growth rate of gross domestic product (GDP). A growing economy typically leads to higher employment, increased income, and improved living standards for citizens. Government policies play a crucial role in stimulating or hindering economic growth by influencing factors such as investment, consumption, trade, and innovation.
- Public welfare: Public welfare refers to the overall well-being of a society, encompassing aspects such as income distribution, access to essential services, health, education, and environmental quality. Government policies can significantly impact public welfare by determining the allocation of resources, setting priorities, and providing social safety nets.
Paucity of Programs
- As per the All-India Council for Technical Education, there are 3,182 institutions with an approved intake of 4.22 lakh in business management programs, but only about 130 universities that offer public administration programs and only 29 institutes that offer public policy programs.
- The batch size of public policy courses is 20-60, and there are few jobs available for people pursuing such courses, which disincentivizes educational institutions and students from choosing public management courses.
Lack of Exposure to Public Management
- Most civil servants undergo departmental induction training programs that focus on the role they play in their department and not much on how to make good public policies.
- Consequently, very few civil servants have exposure to public management before joining service, which is critical for developing effective policies.
Suggestions to boost public policy education in India
- Public Management as a Compulsory Subject in UPSC:
- Public management should be a compulsory subject for the UPSC civil service examination, either as a substitute for one optional subject or an additional paper. This will incentivize universities and private institutions to offer public policy education, research, and case studies at the graduate or post-graduate level, leading to a major boost in public policy education.
- Additionally, civil servants who join government would have formal education in public management before they enter service, and even those who do not make it to government jobs would develop better understanding and sensitivity towards complexities involved in public management, making them better citizens and effective private sector managers.
- Larger Component of Public Policy in Induction Training: Existing training institutions of the government should have a larger component of public policy as part of their induction training. Moreover, a case study bank for training should also be established.
- Specialized Positions of Public Policy Analysts: The government can create certain specialized positions of public policy analysts to be picked up from the market directly, thereby creating new job avenues for the graduates of public policy programs.
Conclusion
- The lack of formal education in public management has led to governance lagging behind private sector management in terms of efficiency and effectiveness. Public policy education is essential for developing effective policies that spur economic growth, public welfare, and improve ease of living for citizens.
Mains Question
Q. What is public policy education, and why is it important for policymakers in India to have formal education in public policy and administration? Suggest measures to boost public policy education in India.
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Civil Services Reforms
Making IAS officers effective in dealing with manufacturing sector
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India's manufacturing sector and role of IAS officers
Context
- The Make in India and Ease of Doing Business policies were framed because Prime Minister Narendra Modi correctly believed that the problems of poverty and unemployment could only be solved by the rapid growth of the manufacturing sector. Despite these efforts, manufacturing has till now not shown any significant increase in its growth. Investments in the sector remain inadequate.
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Background: Manufacturing sector in India
- Development strategies and failures: The development of strategies and plans for implementation and their execution is done by individuals. Repeated failures in this area point to the necessity of identifying the root causes for why existing personnel charged with policy execution have been failing.
- Reasons could be: The reasons could be inadequate knowledge and skills, lack of motivation, environmental constraints or weak supervision and monitoring.
- Vision by political leaderships, implementation by IAS officers: While the political leadership lays down the vision, the responsibilities for translating these into ground realities are that of IAS officers.
IAS officers in manufacturing
- IAS officers ensures adequate skills and training: Most of the senior posts in the secretariats and districts are held by officers from the IAS. They are responsible for ensuring that subordinate civil servants are adequately trained and skilled, motivated and guided to deliver good outcomes.
- Frame rules for implementation: They create the framework of rules that constitute the environment for implementation. Therefore, if policies are to be more effectively implemented, IAS officers need to be better equipped.
How should be the role of IAS officers in manufacturing?
- Officers should have adequate knowledge: Achieving global levels of cost and quality competitiveness in the sector requires that officers working in areas relevant to policy-making in the central and state governments understand how laws, regulations and procedures impact the competitiveness of industry.
- They must know the ways of cost-efficient manufacturing: They should specifically be aware of the various ways in which these add to or reduce the costs of manufacturing.
- They should ensure the demand and investment strategy: They need to appreciate the importance of demand creation for enabling industry to achieve economies of scale and how the stability of policies is required for companies to make long-term investments.
What needs to be done?
- Need to understand the resources, demand and growth: The importance of profits and the generation of internal resources for growth has to be understood.
- Joint efforts and trust are required: This is only possible if the concerned civil servants in the ministries have good domain knowledge of the manufacturing sector and appreciate that government and entrepreneurs have to work jointly and trust each other.
Can IAS officers do this work? What are the challenges?
- Gap in policies and implementation: While policies are largely made in Delhi, much of the implementation is done in states.
- More trust on public sector while a distrust on private sector: Effective implementation has become complex because of our past history of only trusting the public sector and distrusting the private sector.
- Even laws and procedures are based on suspicion: Many of the laws and procedures were based on the suspicion of private-sector industrialists.
- Legacy of distrust on civil servants: Equally, the system of checks and balances, inherited from the British, is based on a distrust of civil servants and leads to implementers preferring procedures and correct paperwork over producing results.
- Civil servants are not private sector friendly in general: Civil servants are generally not private sector friendly when dealing with issues that have financial implications. This results in long delays, higher costs and loss of competitiveness.
How to equip IAS officers to become more effective in dealing with the manufacturing sector?
- Bringing in the best global practices: We need to reform our system of human resource development and bring it in line with the best global practices.
- Dedicated wing to be created: A wing be created in the Department of Personnel & Training, and its counterparts in the states. This should be manned by professionals in human resource development whose function would be to select officers on the basis of aptitude from the IAS and other services, and train them to frame and implement policies relating to manufacturing and industrial development.
- Experience must be considered: The selection of officers could be made after they have completed around 10 years of service. Thereafter, selected officers would need to be trained and given postings that would enable them to gain more knowledge and experience. This could include secondment to selected private companies so that the officers could get actual working experience. They would then be better able to understand the finer points of competing in the marketplace.
- Periodic Capability evaluation should be made: Officers so trained should not be moved to other unrelated areas of work. Periodic evaluations could be made, again by professionals, to identify those capable of moving to the highest levels for making policies and strategies.
The Maruti case study
- A system that exists in Japan, and was implemented in Maruti, was to de-link salary scales from job responsibilities.
- The most suitable person for a job is selected and his pay did not change upon assuming higher responsibilities, though his designation changed.
Conclusion
- IAS officers can deliver results if they are motivated, trained and allowed to work in the area of their expertise. The recruitment system for the higher civil services ensures high-quality entrants. However, that does not automatically mean good results when posted in jobs that require specialized knowledge and experience. They need to be properly equipped to work in the manufacturing sector.
Mains Question
Q. Despite of the efforts to boost manufacturing sector, it has till now not shown any significant increase in its growth. In this context discuss the role of IAS officers and suggest what can be done to improve their role in manufacturing sector.
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Civil Services Reforms
SC refuses to direct Centre to create independent Indian Environment Service
Note4Students
From UPSC perspective, the following things are important :
Prelims level: TSR Committee recommendations
Mains level: Need for All India Services for Environment
The Supreme Court has refused to intervene and direct the government to create an independent Indian Environment Service within the All India Service cadre. A specialized environment service was recommended in the T.S.R. Subramanian Committee report in 2014.
TSR Subramanian Committee Report on Environment
- The Subramanian committee was set up in August 2014 to review the country’s green laws and the procedures followed by the Ministry of Environment, Forest and Climate Change (MoEF&CC).
- It suggested several amendments to align with the Government’s economic development agenda.
- The report had suggested amendments to almost all green laws, including those relating to the environment, forest, wildlife and coastal zone clearances.
- The committee suggested that another committee, with more expertise and time, be constituted to review the environmental laws.
Key recommendations
(a) Establishment of Environment Management Authorities
- The report proposed an ‘Environmental Laws (Management) Act’ (ELMA), that envisioned full-time expert bodies to be constituted at the Central and State levels respectively:
- National Environmental Management Authority (NEMA)
- State Environmental Management Authority (SEMA)
(b) Project clearances
- These authorities evaluate project clearance (using technology and expertise), in a time bound manner, providing for single-window clearance.
- It suggested a “fast track” procedure for “linear” projects (roads, railways and transmission lines), power and mining projects and for “projects of national importance.”
- It also suggested an appellate mechanism against the decisions of NEMA/SEMA or MoEF&CC, in respect of project clearance, prescribing a three-month deadline to dispose appeals.
(c) Expanding Environment Protection Act
- The Air Act and the Water Act is to be subsumed within the EP Act.
- The existing Central Pollution Control Board and the State PCBs, which monitor and regulate the conditions imposed on the industries to safeguard environment be integrated into NEMA and SEMA.
(d) Evaluating Environmental Reconstruction Cost (ERC)
- The report also recommends that an “ERC” should be assessed for each project on the basis of the damage caused by it to the environment and this should be added into the cost of the project.
- This cost has to be recovered as a cess or duty from the project proponent during the life of the project.
(e) Research and Development
- It proposed the establishment of a National Environment Research institute “on the lines of the Indian Council of Forestry Research and Education”.
- It would bring in the application of high-end technology in environment governance.
(f) Establishment of Indian Environment Service (IES)
- Finally, an Indian Environment Service should be established to recruit qualified and skilled human resource in the environment sector.
Status of these recommendations
- The Centre never formally accepted this report and neither constituted a new committee as recommended by the Parliamentary Standing Committee.
- However, many of these recommendations are implicitly making their way into the process of environmental regulation.
Why was IES proposed?
- Environmental governance in India involves several clearances.
- Currently, officers from all India civil services, conducted by UPSC, deals with environment clearances and policies.
Do we really need IES?
- The IAS were founded on the colonial government’s Council of India’s law member T.B. Macaulay’s notion of generalised work done by one official.
- However, the modern era, based on a socio-economic model of high specialization, cannot survive on this.
- The IAS is filled with people without the requisite specialized skills and qualifications to successfully accomplish their tasks.
- This was lamented by the PM when he posed the question “Can babusdo everything?” (babu is a euphemism for bureaucrats).
- There was a proposed functional field for specialization that was recommended in 1970 by India’s first Administrative Reforms Commission, but like the Subramaniam Committee suggestions, it was never implemented in its full.
Way forward
- There is need of an active bureaucracy for the implementation of environment policy.
- These administrators need to be aware of their responsibility, which can be made effective if a service dedicated to the environment is created.
- The challenge of climate change would then be able to be effectively approached through the bureaucracy.
Conclusion
- Policymakers must build on the exercise of reforming environmental governance.
- The process must involve reforming our laws, strengthening our institutions and streamlining the processes.
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Civil Services Reforms
Private: Civil Services: The Backbone of Administration
Note4Students
From UPSC perspective, the following things are important :
Prelims level: civils services
Mains level: Civil services and reforms
Context
- India is rapidly integrating technology in both governance and in delivering goods and services. All this requires a worker (civil servant), who is not just committed but also has the competence to deliver on this evolving mandate.people centric governance is the need of the hour.
Civil Services in India: A backgrounder
- Civil Services refer to the career civil servants who are the permanent executive branch of the Republic of India. It is the backbone of the administrative machinery of the country.
- As India is a parliamentary democracy, the ultimate responsibility for running the administration rests with the people’s elected representatives.
- The elected executive decides the policy and it is civil servants, who serve at the pleasure of the President of India, implement it.
- However, Article 311 of the constitution protects Civil Servants from politically motivated vindictive action.
Who are civil servants?
- In a modern democracy, a civil servant is an official in the service of the people and is recruited based on predetermined qualifications. Civil servants are bureaucrats who need to be familiar with the laws and regulations of the country and are expected to act in the best interests of the country and its citizens.
What is their expected role?
- They are responsible for managing the resources given to them by the government and making use of them efficiently and effectively. A sound parliamentary system of government requires civil servants to maintain their integrity, fearlessness, and independence.
What is Mission Karmayogi ?
- Mission Karmayogi is a National Programme for Civil Services Capacity Building has been envisioned by the Government to address the changing needs and aspiration of the citizen.
- The Programme has been designed to enhance the civil services under a national Programme, anchored by an apex body headed by the Prime Minister.
- 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.
- As envisaged, the Karmayogi training mechanism will cover an estimated 4.6 million officials at all levels.
What are people-centric public services?
- People centricity means taking the needs and voices of people into account when designing, delivering, implementing and evaluating public policies and services. Broadly, a people centric approach is one where governments consult citizens about their needs and encourage their direct participation in policy making and service design and delivery.
Why is the need for people-centric governance immediately in India?
- Empowered Citizens: India’s citizens are no longer content to passively receive benefits from a patronising government; they are actively making claims on the state and feel empowered to shape how it affects their lives.
- Interconnected world: With the rise of information and communication technology, we are becoming more interconnected globally. Young Indians living in small towns and villages are connected to the wider world, which is shaping their aspirations and desires.
- Informed citizenry: Better informed citizenry is giving shape to a more mature political system, in which politicians from across the spectrum recognise the importance of delivering on campaign promises of better health, education and social benefits.
- Emerging technology: The development of new technologies is opening up possibilities for governance. The state needs to leverage them to deliver the greatest good for the largest number.
- Towards less government, more governance: A post-Covid BANI (brittle, anxious, non-linear and incomprehensible) world is redefining the understanding of the future of work. The understanding of what is a public good is also evolving along with the aspirations of citizens. India is moving towards a “less government, more governance” approach.
- Evolution of partnership state:
- In response to the Covid-19 pandemic exemplified many aspects of this new partnership state. Indian state from being a provider and a provisioner state, to becoming a “partnership state”.
- Different arms of the national government PMO to the Ministry of Health and Family Welfare and many other ministries, the NITI Aayog, ICMR and other central government organizations collaborated effectively with international bodies and state governments, bringing out the strength of India’s global relations and federal structure.
- The government, the private sector, civil society and citizen volunteer groups all joined the effort against the virus. All these parts of society came together as one “Team India” to fight the pandemic. This is the true spirit of the partnership state.
What steps need to be taken to fulfill the aspirations of people-centric governance?
- New Mindset and skills: Operating in this dynamic ecosystem requires a new mindset and an evolving skill set. It needs skills of collaboration, adaptiveness, credit sharing, persuasion, and conflict resolution along with a nuanced and practical understanding of disruptive innovations, digital arenas, big data management and emerging technologies.
- Transition under Mission Karmayogi :The National Programme for Civil Services Capacity Building (NPCSCB), encapsulates three transitions.
- Change in the mindset: Change in mindset of government officials from considering themselves karmacharis to becoming karmayogis.
- Change in the workplace: Change in the workplace from assigning individual responsibility for performance, to diagnosing the constraints to a civil servant’s performance and remediating them.
- Rule based to Role Based: Moving the public HR management system and the corresponding capacity building apparatus from being rule-based to role-based
- Capacity Building Commission (CBC): To build Credibility and shape a uniform approach to capacity building on a collaborative basis. As the custodian of the overall landscape, the CBC will determine the roll-out strategy of the NPCSCB, onboarding different ministries and departments, conduct the HR audit of government organisations, ensure functional oversight over all central training institutions and Karmayogi Bharat, conduct the Global HR Summit and provide policy inputs to Department of Personnel & Training.
- Adopting emerging technological environment: Technology is redefining how goods and services can be rendered. From Aadhaar to DBT and Digilocker, from CPGRAMS to MyGov, from faceless transactions to drone deliveries, from online learning to a digital university. The structure and setup of the workplace is rapidly altering and work from anywhere to deliver good governance to all citizens will soon have to become the norm.
Conclusion
- The civil services have remained at the epicentre of all government activities in India, both as agents of policymaking as well as the executive hand that delivers and implements those policies. This unique moment of Amrit Mahotsav is the appropriate time for the civil services to pause, reflect and strategise on the approaches needed to shape its future. People-centric governance is no longer aspirational but is rapidly becoming the national imperative.
Mains Question
Q.Civil servants in India are considered as the backbone of the country’s administrative system. In this context discuss the approach of civil servants to fulfill the aspirations of people-centric administration in new India.
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Civil Services Reforms
Civil service reforms in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: conduct rules 1964
Mains level: bureaucracy and reforms
Context
- Can civil servants express their views on law, governance?
Why in news?
- A senior IAS officer, Smita Sabharwal from Telangana, tweeted from her personal account in support of Ms. Bilkis Bano and questioned the Gujarat government’s decision, sparking off a row over whether she was in breach of the Central Civil Services (Conduct) Rules of 1964 and reviving the debate on the freedom of civil servants to express their personal views on matters of law and governance.
Who are civil servants?
- In a modern democracy, a civil servant is an official in the service of the people and is recruited based on predetermined qualifications. Civil servants are bureaucrats who need to be familiar with the laws and regulations of the country and are expected to act in the best interests of the country and its citizens.
What is their expected role?
- They are responsible for managing the resources given to them by the government and making use of them efficiently and effectively. A sound parliamentary system of government requires civil servants to maintain their integrity, fearlessness, and independence.
What are Central Civil Services (Conduct) Rules of 1964?
- Conduct Rules lay down clear principles as to what the Government expects from its employees.
- Conduct rules apply to both official and personal life of the government servant.
- If an official violates conduct rules, he may face warning/disciplinary action/departmental proceedings.
What is rule 9?
- Rule 9 of the Rules of the Central Civil Services (Conduct) Rules states, “No Government servant shall… make any statement of fact or opinion… which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.”
What is freedom of expression?
- The citizens of country have the fundamental right of free speech guaranteed to them under the Constitution, which is subject to reasonable restrictions in the interest of securing the state’s sovereignty, international relations, health, morality, etc.
What central conduct rules say?
- When you undertake a government service, you subject yourself to certain disciplinary rules. That prevents a government servant from becoming a member of a political organisation, or any organisation of such a nature, or expressing herself freely with regard to anything that has to do with the governance of the country.
How Indian rules are different than others?
- One of the most important functions of the civil service, as stated by the head of the Canadian Public Service, is to “speak truth to power.”
- Which is prohibited in Indian context because this rule is of the British era. There is no doubt that the British were very, very strict and didn’t want their officers to be talking about how bad the governance was. But in a democracy, the right to criticise the government is a fundamental right and nobody can muzzle that.
What judiciary said in Lipika Paul vs The State Of Tripura case
- As a Government servant the petitioner is not devoid of her right of free speech, a fundamental right which can be curtailed only by a valid law.
Crux of this judgement in simple words
- She (the petitioner) was entitled to hold her own beliefs and express them in the manner she desired, subject to not crossing the borders laid down in the Conduct Rules which were applicable in Tripura.
- A fundamental right cannot be curtailed except by a valid law made by a legislature.
Why this judgement is important?
- It abrogated state from exploiting vague terms of the policy of government and government action to punish civil servants who criticize government of the day in any manner harsh or mild.
What Kerala high court said in 2018?
- One cannot be prevented from expressing his views merely because he/she is an government employee. In a democratic society, every institution is governed by democratic norms. Healthy criticism is a better way to govern a public institution.
Why it is highly contextual here?
- This judgement indirectly protected constructive and just criticism by protecting fundamental rights of the civil servants.
Action of IAS officer can be justified?
- Since she added the words ‘civil servant’ in her tweet is because the dharma of the civil servant is to uphold constitutional principles in letter and in spirit, and the rule of law.
- In Bilkis Bano case, both the spirit of the Constitution and the rule of law were being subverted.
- Hence her expression can be justified.
Can we justify rule 9 here in this context?
- The rules don’t violate Article 19. It is a rule, it’s not the law. It’s not in the Constitution. Freedom of speech is given in the Constitution, but these are Conduct Rules and they are imposed because there has to be some discipline in an organisation for that organisation to function.
- There is a process of decision-making. Right from below, the matter is examined, the pros and cons are taken up, the bureaucracy is given an opportunity to examine all the aspects, write their notes of objection or support, and finally it reaches the political executive. When a policy is decided, it has to be obeyed and complied with by the bureaucracy.
Conclusion
- Anybody could challenge these rules as they are offending constitutional fundamental rights of civil servant; then the Supreme Court would be forced to come down and say either it is good, or it is bad, and give good reasons for that.
Mains question
Q. Right time has arrived to challenge conduct rules of civil servants as their freedom of expression is curtailed by these rules. Critically analyse.
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Civil Services Reforms
The problem with putting the civil services on a pedestal
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Creation of All India Services
Mains level: Paper 2- Civil Service reforms
Context
Recently, two IAS officers were the subject of widespread public derision for misuse of power. A week later, the media and the public feted those who had successfully cracked the UPSC examination in order to become bureaucrats of the future.
About Indian Administrative Service
- Civil Services refer to the career civil servants who are the permanent executive branch of the Republic of India.
- The modern Indian Administrative Service was created under Article 312(2) in part XIV of the Constitution of India, and the All-India Services Act, 1951.
- It is the backbone of the administrative machinery of the country.
- As India is a parliamentary democracy, the ultimate responsibility for running the administration rests with the people’s elected representatives.
- The elected executive decides the policy and it is civil servants, who serve at the pleasure of the President of India, implement it.
- Article 311 of the Constitution protects Civil Servants from politically motivated vindictive action.
What makes civil services favourable in India
- Most countries in the world have a cadre of professional civil servants but nowhere are new entrants to the system of government celebrated like in India.
- Colonial legacy: The fact is that, 75 years after independence and 30 years after liberalisation, there is still an overhang of the all-powerful, all-pervasive state.
- There are good reasons for a favourable view of the civil services.
- Merit based selection: For one, candidates are selected on merit based on an open examination and interview.
- Job security: Then there is the job security that comes with gaining entry.
- Unless a civil servant does an extraordinary wrong, she has a job for life, and steady, time-bound promotions which ensure that everyone retires at the top irrespective of performance.
Issues with public perception
- However, in the perceived strengths of the civil services lie its weaknesses.
- Single exam: The single UPSC examination is treated as gospel.
- But merit and competence cannot be judged by a single exam.
- Permanence is a problem: The permanence of the job is a problem too.
- Punishment for over-reach or misuse of power is a transfer, either from a weightier ministry to a lighter one or from high-profile capitals to geographically remote ones.
- A system of limited accountability: The result is that all civil servants, never mind their ability or competence, operate in a system of limited accountability with few incentives to perform and plenty of opportunities to use and abuse their powers.
Way forward
- Placing civil servant at par with other professions: The civil services system needs to be brought down from its pedestal and placed at par with every other profession like elsewhere in the world.
- This will not happen via political diktat. It requires the weight of public opinion.
- Broaden the selection criteria: The system must be manned by capable, competent individuals. This cannot be decided on the basis of one exam.
- Remove the job permanency: The underperforming officers need to be separated which cannot happen when the job is for life.
- It may sound radical for India’s civil services but that is the way the rest of India and the world function, including the UK from where we inherited the structure.
Conclusion
If we can make these changes in the civil services, India will get the government it needs for the 21st century.
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Civil Services Reforms
Actions that corrode the steel frame of India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 311
Mains level: Paper 2- Civil Service reforms
Context
A letter war between two sets of retired public officials (civil servants, judges and army officers), concerning the prevailing political and social situation in the country, has been widely reported in the media.
Role of civil service
- It is the police and magistracy, judicial courts and other regulatory agencies — not politicians — which have been authorised and empowered by law to take preventive action against potential troublemakers, enforce the laws relating to criminal, economic and other offences, and maintain public order.
- In mature democracies, self-respecting public officials normally discharge their constitutional and legal responsibilities with honesty, integrity and their own conscience, firmly resisting the dictates of the vested interests.
Deterioration in the standard of civil service
- The deterioration in standards was very visible during the National Emergency declared in 1975.
- The civil services, like other institutions including the judiciary, just caved in; the trend might have accelerated over the years.
- Now, no one even talks of civil service neutrality.
- Earlier, during communal or caste riots, the Administration focused on quelling the disturbances and restoring peace in the affected locality, without ever favouring one group over the other.
- Now, there are allegations of local officers taking sides in a conflict.
- A civil servant’s pliant and submissive behaviour means an end to civil service neutrality and the norms and values that this trait demands, does not seem to bother either the political or bureaucratic leadership.
- Despite the protection and safeguards in Article 311 of the Constitution, politicians could have a civil servant placed in an inconvenient position or even punish him.
Norms and values associated with a civil servant
- Norms: The norms that define neutrality are: independence of thought and action; honest and objective advice; candour and ,‘speaking truth to power’.
- Values: Associated with these norms are the personal values that a civil servant cherishes or ought to cherish, namely, self-respect, integrity, professional pride and dignity.
- All these together contribute to the enhancement of the quality of administration that benefits society and the people.
Conclusion
Constitutional morality is not a natural sentiment,” wrote B.R. Ambedkar, the architect of the Constitution and added, “It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top dressing on an Indian soil which is essentially undemocratic.”
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Civil Services Reforms
What are the rules for resignation and reinstatement of an IAS officer?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Civil Services
Mains level: Resignation and reinstatement of an IAS officer
A decorated Indian Administrative Service (IAS) officer and UPSC CSE topper from 2010, who resigned from the service in protest against the “unabated” killings in Kashmir in 2019, has been reinstated.
What rules apply when an IAS officer chooses to resign?
- A resignation is a formal intimation in writing by an officer of his/her intention or a proposal to leave the IAS, either immediately or at a specified date in the future.
- Guidelines of the Department of Personnel, the cadre controlling department for the IAS, say that a resignation has to be clear and unconditional.
- The resignation of an officer of any of the three All-India Services — IAS, the IPS and IFoS — is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
- There are similar rules for resignation of officers belonging to the other central services as well.
- Resignation from service is entirely different from accepting the government’s Voluntary Retirement Scheme (VRS).
To whom must the resignation of an IAS officer be submitted?
- An officer serving in a cadre (state) must submit his/her resignation to the chief secretary of the state.
- An officer who is on central deputation is required to submit his/her resignation to the secretary of the concerned Ministry or Department.
- The Ministry/Department then forwards the officer’s resignation to the concerned state cadre, along with its comments or recommendations.
What happens after the resignation is submitted?
- The state checks to see if any dues are outstanding against the officer, as well as the vigilance status of the officer or whether any cases of corruption etc. are pending against him/her.
- In case there is such a case, the resignation is normally rejected.
- Before forwarding the resignation to the central government, the concerned state is supposed to send information on the issues of dues and vigilance status, along with its recommendation.
- The resignation of the officer is considered by the competent authority, i.e., the central government, only after the recommendation of the concerned cadre has been received.
- The competent authorities are: Minister of State at the DoPT in respect of the IAS, the MHA in respect of the IPS, and the MoEFCC in respect of the Forest Service.
- Being the minister in charge of the DoPT, the Prime Minister himself takes decisions currently in respect of the IAS.
Under what circumstances is a resignation accepted or rejected?
- A circular issued by the DoPT on February 15, 1988 regarding resignation says that it is not in the interest of the government to retain an officer who is unwilling to serve.
- The general rule, therefore, is that the resignation of an officer should be accepted — except in certain circumstances.
- The references are made regarding the merit of the disciplinary case pending against the Government servant and whether it would be in the public interest to accept the resignation.
- In some cases, resignations have been rejected because disciplinary cases were pending against officers.
- In such cases, concurrence of the Central Vigilance Commission (CVC) is obtained.
- The government also checks whether the concerned officer had executed any time-bond to serve the government.
Is an officer allowed to withdraw a resignation that has already been submitted?
- Rule 5(1A)(i) of the amended DCRB Rules says the central government may permit an officer to withdraw his/her resignation “in the public interest”.
- An amendment in the Rules in 2011 states the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than 90 days”.
- The request for withdrawal of resignation shall NOT be accepted where a member of the Service resigns to be associated with any active politics/ political parties.
And under what circumstances is the withdrawal of an officer’s resignation accepted?
- The 2011 guidelines say that if a resigned officer resignation sends an intimation in writing withdrawing it before its acceptance by the competent authority, the resignation will be deemed to have been automatically withdrawn.
- The officer under discussion had resigned on January 9, 2019, but his resignation was not processed.
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Civil Services Reforms
Vacancies in the Indian Administrative Service (IAS)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: IAS
Mains level: Read the attached story
Minister of State for Personnel, Public Grievances and Pensions told the Lok Sabha that as on January 1, 2021, there were 5,231 IAS officers in the country — 1,515 (22.45 per cent) fewer than the sanctioned strength of 6,746.
About IAS
- The Indian Administrative Service (IAS) is the administrative arm of the All India Services of Government of India.
- Considered the premier central civil service of India, the IAS is one of the three arms of the All India Services along with the Indian Police Service and the Indian Forest Service.
- Members of these three services serve the Government of India as well as the individual states.
- IAS officers may also be deployed to various public sector undertakings and international organizations.
Functions of the IAS
- Upon confirmation of service, an IAS officer serves a probationary period as a sub-divisional magistrate.
- Completion of this probation is followed by an executive administrative role in a district as a district magistrate and collector which lasts several years.
- After this tenure, an officer may be promoted to head a whole state administrative division, as a divisional commissioner.
How are officers recruited in the IAS?
- Direct recruits are selected through the Civil Service Examination (CSE) every year; the number of recruits is decided by a committee that takes several factors into account.
- Since 2012, 180 IAS officers have been recruited every year through the CSE.
- A committee has been constituted to arrive at a suitable formula to determine the intake of IAS officers every year from CSE-2022 to 2030.
- Some officers are promoted from the State Civil Services (SCS), and a limited number are promoted from among non-SCS officers.
- Filling of vacancies through induction from State Services is a continuous process.
- The Union Public Service Commission (UPSC) holds Selection Committee meetings with state governments.
Is the shortage a new trend?
- The shortage has been a constant feature ever since — it was the least in 2001 (0.79 per cent), and the most in 2012 (28.87 per cent), as per available data.
How is the sanctioned strength decided?
- There is a provision for quinquennial cadre reviews for every cadre of the All India Services under the relevant Cadre Rules.
- The Cadre Review Committee (CRC) is headed by the Cabinet Secretary with the Secretary DoPT, Secretary Expenditure, Secretary Administrative Ministry, and the senior-most member of the service/cadre in question as its members.
- Cadre review is an ongoing process, and some states are taken up by rotation every year for review — in 2020-21.
- For example, it was decided to revise the strength and composition of the IAS in UP and Bihar, and of the IPS in Manipur.
- The sanctioned strength, therefore, keeps changing.
What impact can a shortage of IAS officers have?
- IAS officers are given a wide range of high-level responsibilities.
- In states, their work relates to the collection of revenue, maintenance of law and order, and supervision of policies of the central and state governments.
- They function as executive magistrates in revenue matters, and as development commissioners.
- They supervise the spending of public funds and, at a senior level, contribute to policy formulation and decision-making in consultation with Ministers.
- They serve the central government under deputation.
Other issues
- State governments have sometimes refused to send IAS/IPS/Indian Forest Service officers to the Centre saying they are short of officers.
- The Centre has recently proposed amendments to the IAS (Cadre) Rules in order to exercise greater control in central deputation of IAS officers.
Why can’t we have more IAS officers?
- The B S Baswan Committee, said in its report submitted in 2016 that “any number above 180 would
- Compromise quality
- Exceed the LBNSAA’s (Lal Bahadur Shastri National Academy of Administration’s) capacity and
- Lead to a distortion in the career pyramid of IAS officers, particularly for senior posts in the Government of India
- The Committee recommended that “vacant posts in the Centre and states can be filled by deputation where the number of deputationists would be less than the present.”
Issues with shortage of Officers
- Bureaucracy deficit is, perhaps, compelling states to take recourse to such means as appointing non-cadre officers to cadre posts.
- States allow them to continue in such posts beyond the permissible time limit besides giving multiple charges to serving officers.
- Such measures compromise the efficiency of administration.
Way ahead
- The DoPT should increase the annual intake of IAS officers significantly keeping in view the evolving needs of Indian administration.
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Civil Services Reforms
What is ‘General Consent’ for CBI?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CBI
Mains level: General consent to CBI by states and issues in CBI investigation
Meghalaya has withdrawn consent to the CBI to investigate cases in the state, becoming the ninth state in the country to have taken this step.
General Consent
- Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act.
- This makes consent of a state government mandatory for conducting an investigation in that state.
- There are two types of consent: case-specific and general.
- Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.
When is Consent needed?
- General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
- Almost all states have given such consent.
- Otherwise, the CBI would require consent in every case.
What does the withdrawal of consent mean?
- It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent.
- Withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
Under what provision has general consent been withdrawn?
- In exercise of the power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government can withdraw the general consent to exercise the powers and jurisdiction.
- Section 6 of the Act says nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.
Does that mean that the CBI can no longer probe any case in the two states?
- The CBI would still have the power to investigate old cases registered when general consent existed.
- Also, cases registered anywhere else in the country, but involving people stationed in that particular state would allow CBI’s jurisdiction to extend to these states.
- There is ambiguity on whether the agency can carry out a search in either of the two states in connection with an old case without the consent of the state government.
Why such a move by the States?
- If a state government believes that the ruling party’s ministers or members could be targeted by CBI on orders of the Centre, and that withdrawal of general consent would protect them.
- This is a debatable political assumption.
- CBI could still register cases in Delhi which would require some part of the offence being connected with Delhi and still arrest and prosecute ministers or MPs.
- The only people it will protect are small central government employees.
Legal Remedies for CBI
- The CBI can always get a search warrant from a local court in the state and conduct searches.
- In case the search requires a surprise element, there is CrPC Section 166, which allows a police officer of one jurisdiction to ask an officer of another to carry out searches on his behalf.
- And if the first officer feels that the searches by the latter may lead to loss of evidence, the section allows the first officer to conduct searches himself after giving notice to the latter.
Back2Basics: Central Bureau of Investigation (CBI)
- The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
- It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
- It then had its headquarters in Lahore.
- After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
- The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.
Mandate of the CBI
- The CBI is the main investigating agency of the GoI.
- It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
- Its important role is to prevent corruption and maintain integrity in administration.
- It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
- The CBI is also India’s official representative with the INTERPOL.
Cases to investigate
- Cases connected to infringement of economic and fiscal laws
- Crimes of a serious nature that have national and international ramifications
- Coordination with the activities of the various state police forces and anti-corruption agencies.
- It can also take up any case of public importance and investigate it
- Maintaining crime statistics and disseminating criminal information.
Issues with CBI
- Caged parrot: The Supreme Court has criticized the CBI by calling it a “caged parrot speaking in its master’s voice”.
- Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
- Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
- Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Bhopal gas tragedy.
- Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
- Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
- Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
- Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.
Reforming CBI
- Need for autonomy: As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
- Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
- Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
- Bifurcation of Cadre: CBI should be bifurcated into an Anti-Corruption Body and a National Crime Bureau.
- Develop own cadre: One of the demands that have been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
- Annual social audit should be carried out by ten reputed, knowledgeable persons with background of law, justice, public affairs and administration and the audit report should be placed before the parliament.
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Civil Services Reforms
New Rules for Deputation of DIGs
Note4Students
From UPSC perspective, the following things are important :
Prelims level: New Rules for Deputation of DIGs
Mains level: Appointment of civil servants
After its proposal to amend the All India Service Rules that would allow it to call any IAS, IPS or IFoS officer on central deputation with or without the state’s consent, the Centre has issued another order on central deputation of Deputy Inspector General-level IPS officers.
What is the order?
- The Department of Personnel and Training (DoPT) has said that IPS officers coming to the Centre at DIG level would no longer be required to be empanelled at that level with the Union Government.
- According to existing rules, a DIG-ranked IPS officer with a minimum experience of 14 years could only be deputed to the Centre if the Police Establishment Board empanelled them as DIGs at the Centre.
- The board chooses the panel on the basis of officers’ career and vigilance records.
- Only Superintendent of Police-level officers do not require empanelment at the Centre.
- The new order makes the entire pool of DIG-level officers in a state eligible for central deputation.
Why has it been issued?
Ans. Huge Vacancies
- The move is aimed at increasing the pool of DIG-level IPS officers for central deputation in the backdrop of massive vacancies in central police organisations (CPOs) and the Central Armed Police Forces (CAPFs).
- Out of 252 posts reserved for IPS officers at DIG level at the Centre, 118 (almost half) are vacant.
- IPS officers have a quota of 40% in CPOs and CAPFs.
How will the move help?
- The idea is to ease up the process of central deputation as verification of records takes a long time.
- Also, it increases the size of the pool of officers available to the Centre.
So why would states have a problem?
Ans. Relieving the Officers
- States would have to be willing to relieve these officers.
- The new order may be seen by many states as the Centre’s attempt at pushing the envelope further on increasing its powers over officers serving in the states.
- With these orders, the Centre would have powers to demand, within a stipulated time frame, a certain quota of officers from the state for central deputation.
- It may also call any IAS officer on central deputation in “public interest”.
- In case the state failed to relieve the officer, he/she would be deemed relieved following the date fixed.
Why don’t states relieve officers?
Ans. Vacancy in states
- There is a serious paucity of officers in the states too.
- In a cost-cutting move during the Atal Bihari Vajpayee regime, the size of IPS batches among other government staff was reduced even though sizeable vacancies existed even then.
- From 80-90 officers each, IPS batches were cut to 35-40 officers (in 1999-2002, the average was 36).
- The average attrition rate of IPS officers due to superannuation is 85 per year.
- The strength of IAS officers too had been impacted due to low intake during the 1990s.
How has this impacted the services?
- The anomaly in IPS recruitment adversely affected cadre management over the years.
- At some levels, there are fewer officers than sanctioned posts, while at others there is a glut. For example, UP has a shortage of DIGs and IGs, but too many officers at the level of ADGs.
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Civil Services Reforms
Upsetting the Centre-state balance
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 312
Mains level: Paper 2- Issues with changes in IAS rule
Context
The proposed amendment to Rule 6 of the IAS (Cadre) Rules 1954, seeks to do away with the consent of both the officer and the state government.
What makes All-India services different?
- Article 309: Under Article 309 of the Constitution, the Centre and states are empowered to erect and maintain services for running their administration.
- Both the Centre and the states exercise full control over their services independently of each other.
- Article 312: Unlike a central service or state service, an All-India Service is compositely administered under Article 312.
- While recruitment and allotment to a cadre (state) are determined by the Centre, the states determine the work and posting.
- Balance between Centre and states: Hence, All-India Services are carefully balanced between the Centre and the states.
- The Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS) are the three All-India Services.
- Being an All-India Service, officers of the IAS are posted to the states, from where they are deputed to the Centre with the tripartite consent of the officer, the state government and the central government.
Issues with the proposed changes
- The proposed amendment to Rule 6 of the IAS (Cadre) Rules 1954, seeks to do away with the consent of both the officer and the state government.
- Reasons for amendment: The reason for the amendment, as declared by the central government, is to ensure adequate availability of IAS officers for central deputation, which at present is “not sufficient to meet the requirement at the Centre”.
- However, the central government has gone beyond its declared reason and stretched the cadre rules to also allow for appropriation of IAS officers “in public interest”.
- The Centre has virtually conferred upon itself the plenipotentiary power to pull out any number of IAS officers from the states.
- States may divest IAS officers of key posts: To protect their administration from becoming paralysed, states may resort to altering their Transaction of Business Rules to divest IAS officers of key posts in the state, and vesting the same with the state officers.
- Alternately, states may conjure provisional berths for retired bureaucrats to re-enter administration as special appointees, outside the cadre rules.
- Flouting of cadre rules by States: As it is, the implementation of cadre rules is left to the mercy of the states, with the Centre showing a disinclination to enforce them.
- Some states openly flout the cadre rules with impunity in matters of postings and transfers.
- The Civil Services Board has been rendered impotent, non-cadre officers are being unilaterally appointed to IAS cadre posts, and the minimum tenure guarantee is openly flouted.
- Against federalism: Not only could it allow distrust to fester in Centre-state relations, it would also result in the functional depreciation of the IAS in the states.
Conclusion
It is important for the states to be reassured that they are in control of their administration, and for the service to not lose its relevance.
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Civil Services Reforms
Finding a way to share IAS officers
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Amendment to IAS cadre rules
Context
There are recent reports in the media about serious concerns of several state governments on Government of India’s proposed move to amend the IAS service rules to meet the shortage of officers at various levels at the Centre.
How does central deputation work?
- Voluntary: Under the current dispensation, officers opt for central deputation from the states voluntarily.
- The Centre then makes a selection from among these officers for posts which are vacant or are likely to be vacant in the near future.
- While doing so, it considers the suitability of the officer based on his/her past experience.
- Once the selection is finalised, orders are issued, requesting the state government to relieve the officer concerned.
- Quota for each state: Each state has a certain quota beyond which its officers are not accepted by the Centre.
Shortage of officers on central deputation
- In the last decade, there has been a gradual decline in the number of officers who opt for central deputation.
- Generally, of the total cadre strength of the states, about 25-30 per cent used to be on central deputation.
- Currently, less than 10 per cent are working in various central ministries.
- According to certain reports, in states like UP, Bihar, Odisha and Tamil Nadu and Kerala, the number is between 8 per cent and 15 per cent.
- One of the reasons for this non-availability of officers for central deputation is the inadequate recruitment more than a decade and half ago.
- But an important reason is also the comparatively better service conditions in the states.
So, what do the proposed rules seek to achieve?
- While fixing the cadre strength of states, about 40 per cent posts of senior duty are earmarked for central deputation.
- Shortage to be shared equitably: Considering that recruitments in the past were not adequate, the proposed change in rules provides for shortage to be shared equitably between the Centre and states.
- Time limit to relieve officers: Also, since vacancies need to be filled in time, there is a suggestion of a time limit in which states must respond and relieve the officer selected.
Way forward
- Respect the views of State: It has to be clearly understood that when states give the list of officers they wish to offer for central deputation, it will be the decision of the states alone.
- The Centre, if it wishes to have an officer work for it, can suggest so to the state.
- If the state does not wish to suggest his name for deputation, the Centre should respect their views, even though they have the power under cadre rules to do so.
- Improving working conditions for officers: The Centre has to realise that improving working conditions for officers at the deputy secretary and director levels is critical to the success of cadre management.
- Many of the officers at this level have concerns regarding education of their children, transport and the higher cost of living in Delhi.
- A deputation allowance for the period of deputation in Delhi could be an option.
- Non-adversarial manner: The states also have to look at this issue in a non-adversarial manner, where needs of both the Centre and the state have to be matched and met.
- The Centre should dispel fears of states about misuse of central power.
Conclusion
Proposed amendment to service rules is needed to meet shortage of personnel, but Centre must dispel states’ fears about overreach.
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Civil Services Reforms
Drop the IAS cadre rules amendments
Note4Students
From UPSC perspective, the following things are important :
Prelims level: All India Services
Mains level: Paper 2- Amendments to IAS Cadre rules
Context
The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation, and has sought the views of State governments before January 25, 2022.
Historical background of All India Services
- It was Sardar Patel who had championed the creation of the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as “All India Services” (AIS) whose members would be recruited and appointed by the Centre and allotted to various States, and who could serve both under the State and the Centre.
- Speaking to the Constituent Assembly on October 10, 1949, Patel said, “The Union will go, you will not have a united India if you have not a good All India Service which has the independence to speak out its mind, which has a sense of security….”.
Central deputation of All India Service officers
- Consultative process: AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
- The Centre would choose officers only from among those “on offer” from the States.
- Concurrence of the State government: The existing Rule 6(1) states that a cadre officer may be deputed to the Central Government (or to another State or a PSU) only with the concurrence of the State Government concerned.
- However, it has a proviso which states that in case of any disagreement, the matter shall be decided by the Central Government.
- Unfortunately, both the Centre and the States have at times flouted these healthy conventions for political considerations.
The politicisation of the deputation process
- In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
- Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delay their relief after they were picked up by the Centre.
- The proposed amendment to rule: The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation.
Two of the four proposed amendments are disconcerting
- 1] Providing a fixed number of IAS officers for central deputation: One is a new proviso making it mandatory for the State government to provide a certain fixed number of IAS officers for central deputation every year.
- The proposed amendment more or less compels a State government to offer IAS officers for central deputation even when these officers themselves may not wish to go on central deputation.
- Reasons for shortage of IAS officers: Poor working conditions in junior-level posts, an opaque and arbitrary system of empanelment for senior-level posts, and lack of security of tenure at all levels are the real reasons for the shortage of IAS officers, which the Centre should address.
- 2] Requiring states to release the officer: The other is a proviso that requires the State government to release such officers whose services may be sought by the Central Government in specific situations.
- Based on experiences of the recent past, State governments have a justified apprehension that this proviso may be misused for political considerations.
Issues with the proposed amendments
- The contemplated changes have grave implications for the independence, security and morale of IAS officers.
- Infringement of rights of States: States are right in perceiving the proposed amendments as a serious infringement of their rights to deploy IAS officers as they deem best, especially when the cutting edge of policy implementation is mostly at the State level.
- States may prefer officers of the State Civil Services to handle as many posts as possible.
- . In course of time, the IAS will lose its sheen, and the best and the brightest candidates will no longer opt for the IAS.
- Against cooperative federalism: In S.R. Bommai vs Union of India (1994), the Supreme Court held that “States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre”.
Consider the questions “What are the proposed amendments to IAS Rule 1954? What are the concerns with the proposed changes?”
Conclusion
In a federal setup, it is inevitable that differences and disputes would arise between the Centre and the States. But all such quarrels should be resolved in the spirit of cooperative federalism and keeping the larger national interest in mind.
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Civil Services Reforms
Why India’s bureaucracy needs urgent reform
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 312
Mains level: Paper 2- Reforms in bureaucracy
Context
The bureaucracy that took India through the last 75 years can’t be the one to take it through the next 75 — we need a proactive, imaginative, technology-savvy, enabling bureaucracy.
Role of bureaucracy and challenges it faces
- The civil services, and the Indian Administrative Service (IAS) in particular played important role in holding India together post-Independence.
- Much of the impressive nation-building across sectors happened because of their dedication and commitment.
- It is also forgotten that the bureaucracy, unlike the private sector, is a creature of the Constitution and is bound by multiple rules, laws, and procedures.
- Understaffed: As per estimates compiled by the Institute of Conflict Management, the government of India (GOI) has about 364 government servants for every 1,00,000 residents, with 45 per cent in the railways alone.
- About 60 per cent and 30 per cent are in Groups C and D, respectively, leaving a skeletal skilled staff of just about 7 per cent to man critical positions.
- We are grossly understaffed.
- Inaction: Further, faced with extensive judicial overreach reporting to an often rapacious, short-sighted political executive, and a media ever ready to play the role of judge, jury and executioner, the bureaucracy has in large part found comfort in inaction and ensuring audit-proof file work.
Suggestions
- Get out of business: That we need not be in many sectors is well-recognised — leave them to the markets — and politicians must get bureaucrats out of business, in more ways than one.
- Prevent punitive actions: To increase the officers’ willingness to take decisions, one possible solution is to legally prevent enforcement agencies from taking punitive action, like arrest for purely economic decisions without any direct evidence of kickbacks.
- Lateral entry: The toughest challenge is to change an inactive bureaucracy to one that feels safe in taking genuine risks.
- Lateral entry needs to expand to up to 15 per cent of Joint/Additional and Secretary-level positions in GOI.
- Recruitment process: Changes in recruitment procedures, like the interview group spending considerable time with the candidates, along with psychometric tests, will improve the incoming pool of civil servants.
- Evaluation: Most importantly, after 15 years of service, all officers must undergo a thorough evaluation to enable them to move further, and those who do not make it should be put out to pasture.
- Adoption of technology: Every modern bureaucracy in the world works on technology-enabled productivity and collaboration tools.
- India procures about $600 billion worth of goods and services annually — can’t all payments be done electronically?
Consider this question ” The civil services held India together after Independence, but if the country’s potential is to be realised, existing problems of inefficiency and inaction must be fixed. In light of this, examine the factors reasponsible for inefficiency and suggest the reforms.”
Conclusion
India cannot hope to get to a $5-trillion economy without a modern, progressive, results-oriented bureaucracy, one which says “why not?” instead of “why?” when confronted with problems.
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Civil Services Reforms
Dismissal of govt employees: What the Constitution says
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 311
Mains level: Civil services reforms
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.
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Civil Services Reforms
WB Bureaucrat Transfer Issue
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Civil services reforms
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.
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Civil Services Reforms
The outdated nature of bureaucracy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issues with the bureaucracy
The second wave of Covid has exposed the inherent weakness of the bureaucracy in India. The article highlights the necessity for reforms in the way bureaucracy functions in India.
Features of traditional bureaucracy
- Preference to generalist: Weberian bureaucracy still prefers a generalist over a specialist.
- Preference to leadership of position: The leadership of position is preferred over leadership of function in the traditional bureaucracy.
- The leadership of function is when a person has expert knowledge of a particular responsibility in a particular situation.
- The role of the leader is to explain the situation instead of issuing orders.
- Every official involved in a particular role responds to the situation rather than relying on some dictation from someone occupying a particular position.
- Lack of innovation: The rigid adherence to rules has resulted in the rejection of innovation.
Covid exposed limits of traditional bureaucracy
- A generalist officer IAS and State civil service officials are deemed an expert and as a result, superior in traditional bureaucracy.
- Specialists in every government department have to remain subordinate to the generalist officers.
- The COVID-19 pandemic has exposed the weakness of this system.
- Healthcare professionals who are specialists have been made to work under generalist officers and the policy options have been left to the generalists when they should be in the hands of the specialists.
- The justification is that the generalist provides a broader perspective compared to the specialist.
Is privatisation and private sector managerial techniques an answer?
- The reform often suggested in India is new public management.
- This as a reform movement promotes privatisation and managerial techniques of the private sector as an effective tool to seek improvements in public service delivery and governance.
- But this isn’t a viable solution in India where there is social inequality and regional variations in development.
- It renders the state a bystander among the multiple market players with a lack of accountability.
- Further, COVID-19 has shown that the private sector has also failed in public service delivery.
Way forward: Collaborative governance
- The most appropriate administrative reform is the model of new public governance.
- Work together: In collaborative governance, the public sector, private players and civil society, especially public service organisations (NGOs), work together for effective public service delivery.
- As part of new public governance, a network of social actors and private players would take responsibility in various aspects of governance with public bureaucracy steering the ship rather than rowing it.
- As part of new public governance, the role of civil society has to be institutionalised.
- It needs a change in the behaviour of bureaucracy.
- Openness to reforms: It needs flexibility in the hierarchy, a relook at the generalist versus specialist debate, and an openness to reforms such as lateral entry and collaboration with a network of social actors.
- All major revolutions with huge implications on public service delivery have come through the collaboration of public bureaucracy with so-called outsiders.
- These include the Green Revolution (M.S. Swaminathan), the White Revolution (Verghese Kurien), Aadhaar-enabled services (Nandan Nilekani) and the IT revolution (Sam Pitroda).
Consider the question “What are the weaknesses of bureaucracy in India? Suggest the measures to improve the quality of public service delivery in India.”
Conclusion
New public governance is the future of governance, especially public service delivery.
Back2Basics: The Weberian Model of bureaucracy
- The classic model of bureaucracy is typically called the ideal Weberian model, and it was developed by Max Weber, an early German sociologist.
- Weber argued that the increasing complexity of life would simultaneously increase the demands of citizens for government services.
- Therefore, the ideal type of bureaucracy, the Weberian model, was one in which agencies are apolitical, hierarchically organized, and governed by formal procedures.
- Furthermore, specialized bureaucrats would be better able to solve problems through logical reasoning.
- Such efforts would eliminate entrenched patronage, stop problematic decision-making by those in charge,, impose order and efficiency, create a clear understanding of the service provided, reduce arbitrariness, ensure accountability, and limit discretion.
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Civil Services Reforms
Article 311 of the Indian Constitution
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 311 of the Indian Constitution
Mains level: Read the attached story
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.
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Civil Services Reforms
Civil service reforms in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Role of civil servants in implementing the development agenda
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.
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Civil Services Reforms
[pib] Mission Karmayogi
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Karmayogi
Mains level: Civil Services Reforms
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
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Civil Services Reforms
Changes needed in lateral entry requirements
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Making lateral entry a success
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.
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Civil Services Reforms
‘Lateral Entry’ into Bureaucracy: Reason, Process, and Controversy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Lateral entry
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.
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Civil Services Reforms
West Bengal IPS Controversy
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Read the attached story
Police personnel should not be made instruments of a political battle
Tug of war between political parties in West Bengal
- The appointment of three IPS officers of the West Bengal cadre to various posts by the Union Home Ministry on Thursday has escalated the confrontation between the State and the Centre.
- Chief Minister Mamata Banerjee has termed the deputation order despite the State’s objection “a colourable exercise of power and blatant misuse of emergency provision of IPS Cadre Rule 1954”.
- The constant hostility between the State and Central governments is now taking a turn for the worse ahead of the 2021 Assembly election.
- The tug of war began after a convoy of BJP President J.P. Nadda came under stone pelting in the State on December 10. The BJP apparently holds the IPS officers accountable for the incident.
- After an initial move to recall these officials was resisted by the State, the Centre has invoked Section 6(1) of the Indian Police Service (Cadre) Rules, which says that “in case of any disagreement, the matter shall be decided by the Central Government….”
Administrative instruments Vs. Political battles
- The CM’s style of managing the police force has gained attention for the wrong reasons in the past.
- Senior officials are seen as allied with the ruling govt and the oppositions determined drive to capture power in the State is multi-pronged.
- The Supreme Court restrained West Bengal from taking any “coercive action” against several opposition leaders in criminal cases registered against them by the State Police.
- The opposition continues to knock on the doors of the Court and the Election Commission of India to bring pressure on the State government.
- By enforcing its writ on IPS officers, the Centre is sending a signal to all officers that their conduct will now be under scrutiny.
Never-ending issues between the state and the centre
- The central schemes, Ayushman Bharat and PM Kisan Samman Nidhi are also a bone of contention.
- The Bengal government has refused to implement them, demanding that the funds be routed through the State.
- The CM has also complained of insufficient central assistance to manage the COVID-19 pandemic and cyclone Amphan.
- The Centre’s earlier demand that the Chief Secretary and DGP attend a meeting in New Delhi on the State’s law-and-order situation increased tensions.
- The partisan use of the personnel and instruments of the state by parties in power as is happening in this tussle is a disturbing signal for democracy and federalism.
Practice Question: The partisan use of the personnel and instruments of the state by parties in power is a disturbing signal for democracy and federalism. Elaborate.
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Civil Services Reforms
Our civil services need a reboot
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Karmayogi
Mains level: Paper 2- Mission Karmayogi
The Mission Karmayogi seeks to overhaul the bureaucracy in the country. The article discusses its aims and the challenges it could face.
Context
- The Union cabinet’s approval of Mission Karmayogi has raised the hope of a national bureaucracy that is adequately responsive to the country’s needs.
Need for the overhaul
- The system’s focus needs to be role- rather than rule-specific,
- Coordination should prevail over battles for control, and IAS officers ought to be enablers instead of red-tape wrappers.
- There has been a near consensus in the country that our system of policy implementation needs an overhaul.
What is Mission Karmayogi
- It is an upskilling initiative for government officials that aims to fix and galvanize India’s administration.
- As envisaged, the Karmayogi training mechanism will cover an estimated 4.6 million officials at all levels.
- Due to the scale of the exercise elaborate multi-tier command structure is expected to be put in place for it.
- At its apex would be a Human Resource Council, headed by the Prime Minister.
- Human Resource Council shall approve and monitor various skill-enhancing programmes as well as review the performance of employees routinely.
Challenges
- Given the way our bureaucracy has operated for decades, Mission Karmayogi is likely to prove disruptive.
- The idea of being subject to continuous evaluation by a central authority could unsettle some officers.
- There has been some disquiet within IAS ranks over the Centre’s lateral induction of people for senior roles, perhaps the new mission will resolve such disgruntlement.
Conclusion
Gentralized supervision of such large numbers does not promise to be easy. Globally, centralization has been observed to militate against diversity of thought. And that’s vital to the governance of a country like India.
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Civil Services Reforms
Mission Karmayogi for Civil Services Capacity Building
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Karmayogi
Mains level: Civil services reforms
The Union Cabinet gave its approval for Mission Karmayogi, a new national capacity building and performance evaluation programme for civil servants.
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 probation period, deployment, work assignments and notification of vacancies will all be integrated into the proposed framework.
- The capacity building will be delivered through 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.
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Civil Services Reforms
Setting up of National Recruitment Agency
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NRA , its features
Mains level: NRA and its mandate
The Union Cabinet has approved the creation of a National Recruitment Agency (NRA) for conducting a Common Eligibility Test (CET) for various government jobs.
Try this question:
Q.Discuss the role and function of the newly setup National Recruitment Agency.
National Recruitment Agency
- NRA will be a Society registered under the Societies Registration Act, headed by a Chairman of the rank of the Secretary to the Government of India.
- It will have representatives of the Ministry of Railways, Ministry of Finance/Department of Financial Services, the SSC, RRB and IBPS.
- It is envisioned that the NRA would be a specialist body bringing the state-of-the-art technology and best practices to the field of Central Government recruitment.
- The NRA will conduct the Common Eligibility Test (CET) for recruitment to non-gazetted posts in government and public sector banks.
- This test aims to replace multiple examinations conducted by different recruiting agencies for selection to government jobs advertised each year, with a single online test.
Salient features of NRA
- The Common Eligibility Test will be held twice a year.
- There will be different CETs for graduate level, 12th Pass level and 10th pass level to facilitate recruitment to vacancies at various levels.
- The CET will be conducted in 12 major Indian languages. This is a major change, as hitherto examinations for recruitment to Central Government jobs were held only in English and Hindi.
- To begin with, CET will cover recruitments made by three agencies: viz. Staff Selection Commission, Railway Recruitment Board and the Institute of Banking Personnel Selection. This will be expanded in a phased manner.
- CET will be held in 1,000 centres across India to bid remove the currently prevalent urban bias. There will be an examination centre in every district of the country. There will be a special thrust on creating examination infrastructure in the 117 aspirational districts.
- CET will be a first level test to shortlist candidates and the score will be valid for three years.
- There shall be no restriction on the number of attempts to be taken by a candidate to appear in the CET subject to the upper age limit.
- Age relaxation for SC/ST and OBC candidates as per existing rules will apply.
Advantages for students
- Removes the hassle of appearing in multiple examinations.
- Single examination fee would reduce the financial burden that multiple exams imposed.
- Since exams will be held in every district, it would substantially save travel and lodging cost for the candidates. Examination in their own district would encourage more and more women candidates also to apply for government jobs.
- Applicants are required to register on a single Registration portal.
- No need to worry about clashing of examination dates.
Advantages for Institutions
- Removes the hassle of conducting preliminary / screening test of candidates.
- Drastically reduces the recruitment cycle.
- Brings standardization in the examination pattern.
- Reduces costs for different recruiting agencies. Rs 600 crore savings expected.
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Civil Services Reforms
[pib] Appointment of the UPSC Chairman
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UPSC and other constitutional bodies
Mains level: NA
The President of India has appointed Pradeep Kumar Joshi as Chairman of Union Public Service Commission (UPSC).
Try this PYQ:
Q.Consider the following statements:
- The Executive Power of the Union of India is vested in the Prime Minister.
- The Prime Minister is the ex-officio Chairman of the Civil Services Board.
Which of the statements given above is/are correct? (CSP 2015)
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Backgrounder: UPSC
- Established on 1 October 1926 as Public Service Commission, it was later reconstituted as Federal Public Service Commission by the GoI Act 1935; only to be renamed as today’s UPSC after the independence.
- The UPSC is India’s premier central recruiting agency responsible for appointments to and examinations for All India services and group A & group B of Central services.
- The Department of Personnel and Training is the central personnel agency in India.
- It is also required to be consulted by the Government in matters relating to the appointment, transfer, promotion and disciplinary matters.
Appointments to the UPSC
- As per Article 316 of the constitution, the Chairman and other members of UPSC shall be appointed by the President.
- In case the office of the Chairman becomes vacant his duties shall be performed by one of the other members of the Commission as the President may appoint for the purpose.
- Under Art. 318, the President is empowered to determine the number of members of the Commission and their conditions of service.
- As per Art 319, a person who holds office as Chairman shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
- But, a member other than the Chairman shall be eligible for appointment as the Chairman of the UPSC.
- Also, the Chairman of a State PSC shall be eligible for appointment as the Chairman or any other member of the UPSC.
Removal of members/chairman
- As per Art. 317, the Chairman or any other member of a UPSC shall only be removed from their office by order of the President on the ground of “misbehaviour” after the Supreme Court inquiry report.
- The President may suspend the Chairman or other member of the Commission until a report of the Supreme Court is received.
Distinguishing features
- The commission reports directly to the President and can advise the Government through him.
- Although, such advice is not binding on the Government.
- Being a constitutional authority, UPSC is amongst the few institutions which function with both autonomy and freedom, along with the country’s higher judiciary and lately the Election Commission.
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Civil Services Reforms
What is Civil Services Board?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Civil Services Board and its functions
Mains level: Civil services reforms
Punjab government notifying Civil Services Board providing for a fixed tenure of IAS officers has left its leaders in the state upset.
Practice questions for mains:
Q. Discuss how fixed tenure for Civil Servants helps provide better administration.
What is the Civil Services Board (CSB)?
- Civil Services Board is responsible for the entry-level recruitment and subsequent job promotions below the rank of Joint Secretary.
- As per a state government notification dated June 2, CSB will be headed by Chief Secretary, with Personnel Secretary, and either Financial Commissioner (Revenue) or Home Secretary (who so ever is senior in the pecking order) as its members.
- The board provides for the state to follow the Centre’s guidelines on giving a fixed tenure of at least two years for cadre officers.
- They cannot be transferred before that and if anyone recommends their transfer then the board will examine and affect it.
- The final authority is the Chief Minister.
Why had the previous government in the state declined to follow the Centre’s guidelines?
- The previous government had refused to follow the guidelines on the argument that appointment and transfer of IAS officers are a prerogative of the state.
- If their term is fixed, it had argued, it will not only create functional and administrative problems but also overstep the authority and jurisdiction of the state government.
Why are the leaders upset?
- The political leadership of the ruling party in the state has usually always had a say in postings and transfers of district officials in the state.
- The opposition has been known to lend supremacy to its leadership over bureaucrats in the state.
- But ever since the ruling government has taken over, the grouse of its leaders has been that they do not get due respect in their own regime.
- This has led to several confrontations in the past.
- With the fixed tenure rule and Chief Secretary’s board having all power to examine a recommendation for a transfer, the leaders feel their influence has been reduced to nought and all power handed to the CS.
How do they see the board to be lending officer’s supremacy over them?
- If any officer is to be transferred before completing his minimum tenure, the board will record the reasons for the transfer.
- It will seek views from the concerned officer and then give a judgement on whether the tenure of the officer is to be ended mid-way.
- The final authority will be the CM.
What is the government’s argument in its favour?
- It says if the officials have a fixed tenure they will be able to provide better administration.
- They will also feel safe and try to stick to the rules instead of pleasing political bosses.
- It says every official requires 3-6 months to get into the groove at his new place of posting.
- If he stays there for two years, it would mean better delivery and stable tenure to people.
What do the officials say?
- They feel the rules will not be followed in letter and spirit unless a few officers go to the courts and ensure that the guidelines are followed.
- They say that neighbouring Haryana had the board in place but the guidelines were not followed.
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Civil Services Reforms
Private: [pib] Centralized Public Grievance Redress and Monitoring System (CPGRAMS)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: CPGRAMS
Mains level: Various grievance redressal mechanism
The Union Minister for Personnel, Public Grievances & Pensions has recently launched the Centralized Public Grievance Redress and Monitoring System (CPGRAMS) 7.0 version.
About CPGRAMS
- CPGRAMS is one of the flagship initiatives for the reformation in governance started by the Indian central government through addressing the grievances of the general public.
- The system has been designed in-house by the National Informatics Centre team.
- It was created in June 2007 by the Department of Administrative Reforms & Public Grievances.
- Under the public grievance mechanism, any citizen of India can raise their problems, grievance or pleas to the central govt and state government Ministries and Departments.
- Grievances can be submitted to all-important portfolio ministers and departments. It has a telephonic feedback feature also.
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