CIVIL SERVICES -1

 

REMOVAL OF CIVIL SERVANTS : ART 311

Article 311 deals with dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

 

Case for deletion of Article 311

1.     leads to inordinate delays in prosecution of corrupt officers.

2.     Procedure has become more important than the substance -hampering work culture

3.     act as deterrence for dishonest officers and hence potential to reduce corruption.

4.     Such a provision is not available in any of the democratic countries including the UK.

5.     judicial review IS available FOR  protection to Government employees

 

Case for retaining Article 311

1.     checks arbitrary action on executive part. Political may try to punish those public servants who do not act as per their whims and fancies .

2.     . It upholds the principle of natural justice by giving a reasonable opportunity of being heard to the civil servant in respect of charges.

3.      It helps honest officers to work without undue political interference and fear of political backlashes.

4.     a substantial portion of the appellate work of the Supreme Court concerns Article 311.

5.     The rules governing disciplinary enquiries, and not Article 311 itself, are responsible for the delays.

 

Way forward : A provision should be added through amendment that prior

sanction should not be necessary for prosecuting a public servant who has been trapped red-handed or found in possession of disproportionate assets.

 

It has accordingly become necessary to revisit the issue of constitutional safeguards under Article 311 and to amend it to ensure that the honest and efficient officials are given the requisite protection but the dishonest are not allowed prospering in office

ALL INDIA SERVICES

Arguments for all-India services :

1. National Integration: WITH  all-India outlook. they can function beyond the regional, linguistic and communal interests.

2. Efficiency: They help in maintaining high standard of administration and independence in terms of administrative efficiency

3. Uniformity: They help to ensure uniformity of the administrative system throughout the nation.

4. Cooperative federalism: They facilitate coordination and joint action on the issues and problems of common interest, between the Centre and the states.

5. President’s rule:  the loyalty and cooperation of these offices for efficient administration is required

6 Beneficial to states:states which are deficient in their manpower supply to fill the high and strategic positions will be benefitted.

7. Continuity: provided continuity and stability during the transfer of power from one elected government to other leading to maturing of our democracy.

 

Criticism against all-India services :

1. Hang-over of the Past: These services were created WHEN  nature of state was authoritarian. After independence, the structure of government transformed

2. Against federation: They restrict the autonomy and patronage of the states. Rajamannar committee recommended for the abolition of IAS and IPS

3 No familiarity: The members of the All-India Services who come from outside the state may not be familiar with the local language, culture and general environment

4. Lacks specialisation: It is said that the IAS officers are ‘Jack of all trades but master of none’. first ARC also that a functional field should be carved out for the IAS.

5. Unequal representation: The states are not equally represented in these Services.  Thus they lack the national character due to regional loyalties.

6. Financial burden: These services involve larger expenditure on

state governments due to high salary scales.


 

ADVANTAGES OF PERMANENT CIVIL SERVICES

1. NO NEPOTISM ; The spoils system has the propensity to degenerate into a system of patronage, nepotism and corruption.

2. EXPERTISE : Public policy is a complex exercise requiring in depth knowledge

and expertise in public affairs.

3. LONG TERM ASSESSMENT : A permanent and impartial civil service is more likely to assess the long term social payoffs of any policy.

4. UNIFORMITY : A permanent civil service helps to ensure uniformity in public administration

WEAKNESS OF EXISTING ADMINISTRATIVE SETUP

1. Routine functions: The Ministries are often unable to focus on their policy analysis and policy making functions due to the undue emphasis on routine work. This leads to national priorities not receiving due attention.

2. Procedure orientation: Procedures and not outcomes are important.

3. Separation: Lack of separation of policy making, implementation

and regulatory functions.

4. Ministries: The creation of a large number of ministries and departments has led to illogical division of work and lack of an integrated approach even on closely related subjects

5. Hierarchy with too many levels: It leads to examination of issues at many levels causing delays, corruption and lack of accountability.

6. Risk avoidance and absence of coordination.

TRANSFER POLICY

1. Remove arbitrariness: Each department must formulate and publicise comprehensive transfer policy.

2. Continuity: Term system must be put in place with maximum and minimum years so that no punishment transfer would happen and nexus will not build between them due to long term.

3. Premature transfer: Strong compelling reasons must be provided for premature transfers. IAS Ashok Khemka faced 45 transfers in 23 years.

4. Appeal: Officers must be provided a chance to appeal against transfer.

 

MINISTERS AND CIVIL SERVANTS

1. BOTH SHOULD UPHOLD THE CONSTITUTIONAL PROVISIONS AND PARLIAMENTARY LAWS WHILE DISCHARGING THEIR RESPECTIVE DUTIES.

2. A CIVIL SERVANT SHOULD FAITHFULLY EXECUTE ALL POLICIES AND DECISIONS OF THE MINISTER EVEN WHEN THEY ARE AGAINST THE ADVICE TENDERED BY HIM.

3. A CIVIL SERVANT ENJOYS FULL FREEDOM TO EXPRESS HIMSELF FRANKLY WITHOUT FEAR IN TENDERING ADVICE TO THE MINISTER.

4. A CIVIL SERVANT SHOULD OBSERVE THE PRINCIPLES OF NEUTRALITY, IMPARTIALITY AND ANONYMITY.

 

DETERIORATION OF RELATIONSHIP BETWEEN BOTH

1. IMPARTIAL ADVICE NOT VALUED : THE MINISTERS GENERALLY DO NOT ENCOURAGE FREE, FRANK ADVICE HINDERING MUTUAL UNDERSTANDING AND COOPERATION.

2. POLTICISATION OF CIVIL SERVICES : DUE TO THE EMERGENCE OF PERSONAL AFFILIATIONS BETWEEN THE MINISTER AND THE CIVIL SERVANT

3. FREQUENT USE OF TRANSFER:  SUSPENSION AND DISCIPLINARY POWERS BY MINISTERS AGAINST CIVIL SERVANTS WHO AREN’T PLIABLE CREATES ISSUES

4. FACTIONALISM:  GROUP RIVALRY AND CASTEISM AMONG THE MINISTERS AND THE CIVIL SERVANTS BREEDS CONFLICT

5. LACK OF PROPER UNDERSTANDING OF ROLES :. MINISTERS USUALLY INTERFERE WITH DAY-TO-DAY ADMINISTRATION WHILE THE CIVIL SERVANTS DO NOT BRING IMPORTANT MATTERS TO THE NOTICE OF MINISTERS.

 

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