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12 Role of Civil Services in a Democracy - UPSC
12 Role of Civil Services in a Democracy - UPSC
In a democracy, the civil services play an extremely important role in the administration, policy
formulation and implementation, and in taking the country forward towards progress and
development.
Democracy is an egalitarian principle in which the governed elect the people who govern over
them. There are three pillars of modern democracy:
1. Legislature
2. Executive
3. Judiciary
The civil services form a part of the executive. While the ministers, who are part of the
executive, are temporary and are reelected or replaced by the people by their will (through
elections), the civil servants are the permanent part of the executive.
The civil servants are accountable to the political executive, the ministers. The civil
services are thus, a subdivision under the government.
The officers in the civil services form the permanent staff of the various governmental
departments.
They are basically expert administrators.
They are sometimes referred to as the bureaucracy or also the public service.
Constitutional Doctrines
Doctrine of pleasure: Article 310 incorporates the doctrine of pleasure into our
Constitution. This doctrine borrowed from the British constitution applies to all the Services
under the Union and the States. A person holding a civil post under the Union or a State holds
office during the pleasure of the President or as the case may be, of the Governor of the
State.
However, in order to afford constitutional protection to Civil Servants Article 311 introduces
certain safeguards. Moreover, a specific contract can override the doctrine of pleasure
(Purushotham Vs. Union of India).
Safeguards for Civil Servants: The Constitution of India provides two procedural safeguards
for the security of tenure of Civil Servants as distinguished from Military personnel. The
safeguards are to be found in the Provisions to Article 311 of the Constitution. This situation
distinguishes the doctrine of pleasure as it is in India from what it is in Britain. While in Britain
the pleasure of the Crown is absolutely unfettered the Constitution of India subjects the above
pleasure to certain exceptions and limitations.
A Civil Servant shall not be dismissed or removed by any authority subordinate to
that by which he was appointed Article 311( 1).
No dismissal removal or reduction in rank shall be ordered against a Civil Servant
unless he has been given a reasonable opportunity of being heard in respect of the
charges brought against him.
Prior to 1976, this opportunity had to be given at two stages: (a) at the stage of inquiry
into the charges; and (b) to make representation against the penalty (such as dismissal,
removal, reduction in rank, censure) proposed to be imposed, after the inquiry had been
concluded, holding the employee guilty of the charges.
But the Constitution (42nd Amendment) Act, 1976, has omitted the right of the employee to
make a representation against the penalty proposed, retaining, however, the safeguard that
the penalty can be proposed only on the basis of the evidence adduced at the inquiry stage.
The result is that the judicial decisions prior to 1976, which required that the
‘opportunity’ under Article 311(2) must be offered at two stages, have been superseded by
the 42nd Amendment.
Hence, after this amendment of 1976, the expression ‘reasonable opportunity’ must be
interpreted to imply that the Government or other authority proceeding against a Civil
Servant must give him:
An opportunity to deny his guilt and establish his innocence, which he can only do if he is
told what the charges leveled against him are and the allegations on which such charges
are based;
An opportunity to defend himself by cross-examining the witnesses produced against him
and by examining himself or any other witnesses in support of his defence.
Importance of Civil Services
A permanent Civil Service is the sine qua non of a parliamentary democracy. They are
considered as the most important element of Indian administrative system that has the
responsibility to fulfil the development objectives of the welfare state. Any failure or
shortcomings in fulfillment of these objectives are attributed to the failure of civil
services. The importance of the civil service to the Indian administrative system stems from the
following:
Service presence throughout the country and its strong binding character: The Indian
civil services, with its national character , have been a strong binding force to the Union of
States. The institution of civil service has rendered service to the overall socio-economic
development of the country. It has not only played a pivotal role in designing and activating
policies, it has also ensured basic service delivery at the grass root level to the marginal
section of our society.
Non-partisan advice to political leadership: At the stage of formulation of policy, the civil
servant is expected to provide information and advice, including advice to Ministers, on the
basis of the evidence and accurately present the options and facts, even in the midst of
political instability and uncertainties.
Administrative and managerial capacity of the services: Once the Minister gives the
policy a final shape, it is the duty of the civil servant to manage and implement the policy
diligently. As the civil servants act as a bridge between different institutions of governance,
they should be able to maintain effective coordination between different institutions of
governance.
Service delivery at the cutting edge level: Public policy today has become a complex
exercise requiring in-depth knowledge and expertise in public affairs. A permanent civil
service provides continuity and develops expertise as well as institutional memory for
effective policy making.
Provide ‘continuity and change’ to the administration: In the midst of change of
governments due to periodic elections, the Civil Service provides an element of stability and
continuity without which orderly government would be impossible. They are more likely to
assess the long-term social payoffs of any policy whereas the political executive may have a
tendency to look for short term political gain.
Core Values
The Public Service and the Public Servants shall be guided by the following values in the
discharge of their functions:
Allegiance to the Constitution and the laws of the nation: The civil Servants must align
behaviours and interests with the needs and goals of the organization by following the
requisite laws.
Objectivity: This is the use of rational, logical or scientific means of arriving at a decision. It is
important for civil servants to be objective in order to take unbiased decision.
Impartiality and non-partisanship: Civil servants, in carrying out their official work, including
functions like procurement, recruitment, delivery of services etc., should take decisions based
on merit alone. He should carry out responsibilities in a way that is fair, just and equitable and
reflects the Civil Service commitment to equality and diversity. He should treat people
impartially, regardless of political, social, demographic, geographic, circumstances or bias.
Honesty and integrity: Public servants hold their office in trust. They shall not use public
office for private gain and must behave in an open, fair and transparent manner. They should
honour one’s commitments and works to uphold the Public service values. They must set out
the facts and relevant issues truthfully and correct any errors as soon as possible.
Empathy: It is described as the capability to understand what others are feeling, civil servant
must be able to hear out and understand the thoughts, feelings and concerns of others, even
when these are not made explicit, especially towards the concerns of vulnerable and weaker
sections of society.
Transparency: It being a major principal for good governance is vital for civil servant. It
allows for open channels of communication between stakeholders and officials.
Commitment to public service: Civil servants should deliver services in a fair, effective,
impartial and courteous manner. Civil servants must maintain absolute and unstinting
devotion towards their duties and responsibilities at all times. Moreover, there should be spirit
of service and sacrifice as they are working for national cause.
Adherence to the highest standards of probity and conduct: Civil servants should be
guided solely by public interest in their official decision making and not by any financial or
other consideration either in respect of themselves their families or their friends.
Exemplary Behaviour: Civil servants shall treat all members of the public with respect and
courtesy and at all times should behave in a manner that upholds the rich traditions of the civil
services.
Accountability: Civil servants are accountable for their decisions and actions and should be
willing to subject themselves to appropriate scrutiny for this purpose.
The Central Government may on the recommendations of or in consultation with the Central
Authority notify from time to time other values.
To discharge official duties with competence and accountability, care and diligence,
responsibly, honesty, objectivity and impartiality; without discrimination and in
accordance with law;
To ensure effective management, professional growth and leadership development;
To avoid misuse of official position or information and using the public moneys with
utmost care and autonomy;
To function with the objective that Public Services and Public Servants are to serve as
instruments of good governance and to provide services for the betterment of the
public at large, foster socioeconomic development with due regard to the diversity of
the nation but without discrimination on the ground of caste, community, religion,
gender or class and duly protecting the interest of poor, underprivileged and weaker
sections.
As per the 2nd ARC a comprehensive Civil Service Code can be conceptualized at three
levels:
Lateral Entry
Traditionally to get into Civil Services, a candidate needs to successfully clear the
three stages of civil services Examination; Preliminary, Main Exam and Interview
conducted by UPSC. Some proportion of the vacancies is also filled by promotion of eligible
candidates working in different State Services. Lateral entry into civil services refers to
bypassing the selections made by the above procedure and inducting private
individuals for appointment in the middle rung of ministries that deal with economy
and infrastructure, including the ranks of deputy secretary, director and joint secretary.
The 2nd Administrative Reforms Commission (ARC) recommended an institutionalized,
transparent process for lateral entry at both the Central and state levels.
Arguments in Favour
Shortfall in Numbers: There is a huge shortage of IAS officers across states. Recently, a
Parliamentary standing committee had expressed concern over persistent shortage of IAS
officers and strongly recommended that all efforts be made to fill these vacancies. Early in
2017, the government stated that there is a shortage of over 1,400 Indian Administrative
Service (IAS). 900 Indian Police Service (IPS) and 560 Indian Forest Service (IFS) officers in
the country. Lateral induction is therefore a small step towards essential housekeeping in
central government staffing and ought to be supported.
Increased Efficiency: Bureaucrats are seldom challenged or held accountable, which leads
to complacency in achieving goals. In fact, Bureaucracy in India has received constant
criticism for its inefficiency, so much so that it is ranked as the worst. Lateral entry will bring in
much-needed outside experience buffer the talent within the administration and challenge the
civil servants into continuous self improvement.
Improved and innovative governance: It is widely perceived that intake of specialist people
would infuse freshness in the system and look for innovative solutions to the present
challenges. It will lead to adoption of best practices which will lead to improved governance.
Moreover, the IAS was instituted in pre-reform period and as the economic and social
challenges get deeper, the government needs to understand the impact of its policies on all
the stakeholders the private sector, the non-government sector and the larger public.
Allows entry to performers: As civil servants get recruited at a very young age, it becomes
difficult to judge the potential administrative and judgement capabilities. This leads to non-
selection of many potentially good administrators. Moreover, some who do make it fall short
of the requirements. Mid-career lateral entrants with proven capabilities will help bridge this
deficiency.
Increased Competition: Career progression in the IAS is almost automatic. Notwithstanding
sporadic efforts to introduce meritocracy, very few get weeded out for poor performance. The
only penalty if at all for failing to make the grade is fringe posting. Lateral entry can push the
civil servants out of their comfort zone and challenge them for more competitive outcomes
which will lead to larger public welfare.
Arguments Against
Lack of field exposure: A distinguishing feature of the IAS, indeed one that is their claim to
pre-eminence even among other civil services is their field experience. This cutting-edge level
exposure comes in very handy as IAS officers move up the ladder to policy-making at the
highest levels. The lateral entrants lacking in field experience can be a recipe for disaster as
they won’t be able to understand the needs of people especially the disadvantaged and rural
people.
Disconnect in policy making and implementation: Besides the obvious disconnect lateral
entrants will find in policy making and implementation, it will also result in inequitable sharing
of the benefits and burdens of government service. Lateral entry would open the flood gates
for a spoils system and drive talented people away from a civil service career as it would be
inequitable in terms of sharing the burdens and benefits of public service. While the
permanent civil servants might well be left to do the humble implementation of policies, the
lateral entrants will get access to more privileged policy making positions, without any
experience of serving in rural hinterlands.
Past experiences: Past experiences of inducting private individuals to head public sector
enterprises has had a mixed result and has not been extraordinary. They failed to deliver in
an environment which had challenges different and complex than in the private sector.
Deterrence for the available talent: For any service, it is important to assure the top talents
that they will reach the top echelons of the organization. With the lateral induction of
individuals, it will reduce motivation of hard working civil servants as there will be uncertainty
in career progression.
Discontented Civil Servants: Lateral entry of individuals at mid-level would lead to lowering
of morale of the existing civil servants who sacrificed a lot to join the civil services beating a
tough competition. Also, hostility from existing civil servant towards outsiders often lead to
failure of such mechanisms.
Way Forward
Though the induction of lateral entry has its own merit, the remedy does not lie only in recruiting
people from outside. Some of the steps that can be taken are as under:
The lateral entrants should therefore, have mandatory “district immersion”, serving at least
five of their first 10 years in field posting. The hard grind of such field posting will make lateral
entry self-selecting, drawing in only those with commitment and aptitude.
Institutionalised lateral entry should be complemented with allowing regular IAS officers to
specialise in sectors over time as well as encouraging them to work outside the government
for limited periods. This will enable them to compete on an equal footing with lateral entrants.
The government may think of using the lateral entrants to head specific mission-mode
projects. Like Nandan Nilekani for the Aadhaar Project.
The rules for such hirings must be clearly spelt out with accountability for outcomes. Also,
hiring for such posts should be done in a transparent way.
Civil servants should also be allowed to work outside the government with multilateral
agencies and corporations to gain vital market exposure.
There is little argument that India’s civil services need reform. Internal reforms like insulating civil
servants from political pressure and career paths linked to specialization in addition to lateral entry
into service can complement each other well as it will fill the required void. Also, an
institutionalised lateral entry into civil service will help the government to have the best of both
youth and experience and take the system closer to the goal of “minimum government, maximum
governance”. However, caution must be ensured as we keep putting steps forward.
Shortcomings
Lack of professionalism and poor capacity building.
Alienation from the public and lack of understanding of people’s want.
Inefficient incentive systems that do not appreciate upright and outstanding civil servants
but reward the corrupt and the incompetent.
Outmoded rules and procedures that restrict the civil servant from performing
effectively.
Lack of focus on outputs and outcomes.
Systemic inconsistencies in promotion and empanelment.
Lack of adequate transparency and accountability procedures – there is also no safety
for whistle blowers.
Arbitrary and whimsical transfers tenures impedes institutionalization.
Political interference and administrative acquiescence.
Challenges
Insulating civil servants from undue political interferences: In a democracy, the civil
service has to be answerable to the elected government. There is criticism that increasingly
partisan intervention and cronyism are undermining Rule of Law and promoting personalized
despotism, distorting incentives and condoning corruption. This is adversely affecting the
morale of public servants.
Professionalization with stability of tenure and competition: Modern administration
involves complex challenges in various spheres of activities. Meeting such challenges require
attributes like domain expertise, long experience in the sectors concerned. There is need to
foster excellence in the public system. Existing procedures and practices do not adequately
help in developing domain expertise nor do they help in utilizing the available domain
expertise.
Accountability: There is a general feeling that existing mechanisms of accountability are
inadequate. On the one hand there are alibis for non-performance and on the other
competence and integrity are not adequately recognized or rewarded.
Outcome orientation: Most of the monitoring in government is through measurement of
expenditure against outlays. Clearly, we need to move towards measurement of outcomes.
Though a change in this direction has already started with the ‘initial outcome budgeting’
exercises, we need to shift towards outcomes. However, for that to happen, major changes in
attitudes, monitoring and evaluation systems, incentives and accountability measures are
necessary.
Monopoly of existing civil services over higher positions: At present all the civil services
are cadre based i.e. a person joins a service and moves up the ladder. The natural corollary
of this is that there are very few lateral entries and the civil services enjoy a virtual monopoly
over the all the positions in the government. With rapid expansion of knowledge, increasing
complexities in certain fields, rapid expansion of private sector, a large amount of expertise
has developed outside government which can be used for India’s progress.
Lack of incentives for better performance: Lack of adequate motivation to ‘better
performers” and “high achievers” in the Government is often cited as a reason for sub-optimal
work standards and levels of competence and a plea is made to link remuneration with
performance. A motivated and willing civil service is the best instrument to achieve the
desired outcomes. Motivation comes through incentives. The incentive structure in
government is too weak and insufficient to motivate better performance. Even the tool of
promotion is not largely used for motivation as the principle of seniority is generally followed
rather than competence and performance.
Mechanism for retirement: The natural fallout of a performance- based civil service would
be a mechanism to weed out the non-performers. In the existing dispensation everyone has a
life time job security irrespective of performance. The Armed Forces have been able to have a
time tested weeding out system for their officers.
There is a mismatch between positions and skill sets. Recruitment is not competency specific
and often, the right person is not placed in the right job.
A related issue is the opposition to lateral entry , which hinders the development process. As
the complexity of the economy increases, policymaking becomes a specialized activity. This
creates an inherent need for the lateral entry of professionals into government service.
Politicization of Bureaucracy
Over the years, whatever virtues the IAS possessed – integrity, political neutrality, courage
and high morale – are showing signs of decay. Some civil servants are deeply involved in
partisan politics: they are preoccupied with it, penetrated by it, and now participate individually
and collectively in it.
One of the main reasons why systemic reforms have not been taken up earnestly by the
states is the lack of stable tenure for IAS officials.
Transfers have been used as instruments of reward and punishment, as tools for controlling
and taming the bureaucracy. There is no transparency, and in the public mind transfer after a
short stay is categorised as a stigma.
Officers who are victimised are not in a position to defend themselves. Internally the system
does not call for any reaction to explain one’s conduct, while externally public servants are
debarred from going public to defend themselves.
A high degree of professionalism ought to be the dominant characteristic of a modern
bureaucracy. The fatal failing of the Indian bureaucracy has been its low level of professional
competence.
A civil servant spends more than half of his tenure on policy desks where domain knowledge
is a vital prerequisite.
However, in the present environment prevailing in the States there is no incentive for a young
civil servant to acquire knowledge or improve his skills. There is thus an exponential growth in
both, his ignorance and arrogance.
For instance, it is said that in the house of an IAS officer one would find only three books –
the railway timetable, because he is always being shunted from one post to the other, a
current affairs magazine because that is his level of interest, and of course, the civil list – that
describes the service hierarchy!
An important factor which contributes to the surrender of senior officers before political
masters is the total lack of any market value and lack of alternative employment potential.
Of late, some senior officers are being hired by the private sector, not so much for their
professionalism, but for their ability to influence government in favour of the hiring company.
Bureaucrats remain busy in tadbir management instead of trying to improve their capabilities
since party “loyalty” and strength of tadbir are the only requirements for getting promotion.
The most threatening thing is that thousands of brilliant civil servants have been penalised
from time to time in the name of “loyalty.” Such a situation will certainly discourage qualified
and talented graduates from competing for the civil services.
Recommended Reforms
NITI Aayog Recommendations
Civil services is the backbone of the government. Today , rising complexity of the economy has
meant that policy making is a specialized activity.
Reforms in Recruitment
Improve the teeth to tail ratio: Promote an officeroriented culture and focus on expanding
the numbers of officers.
Objectivity in the recruitment and placement process: Widely disseminate job
descriptions and selection criterion and eliminate elements of arbitrariness.
Reduce the number of civil services: The existing 60 plus separate civil services at the
central and state level needs to be reduced through rationalization and harmonization of
services. Recruits should be placed in a central talent pool, which would then allocate
candidates by matching their competencies and the job description of the post.
Encourage lateral entry: Inducting specialists at higher levels of government will provide
much needed expertise.
Nurture specialization: The key to reform in the civil services is encouraging officers to
cultivate specializations based on their education and skills early on in their careers. Domain
specialization is the key as also recommended by 2nd ARC.
Mentorship: Upon induction, young officers should be assigned mentors, preferably with an
officer having a similar functional specialization or with high-quality NGOs for values and soft-
skill mentorship.
Information Technology (IT): Use of IT needs to be significantly up scaled for planning,
forecasting staffing requirements and recruitments.
Hiring policies: The upper age limit for the civil services should be brought down to 27 years
for the general category in a phased manner by 2022-23 Service conditions for employees of
autonomous bodies need to be regulated and harmonized.
Strengthen municipal corporation cadres: The number of staff at municipal corporations
should be increased. Measures that monitor performance along the same lines as proposed
for other services, including through online appraisals and biometric attendance, need to be
introduced.
Outsource service delivery: Efforts need to be made to outsource service delivery to reduce
dependence on the administrative machinery.
Research is needed to identify possible services to be outsourced; various PPP models
should be explored to determine the best possible mode of outsourcing.
Reforms in Training
Reorient training: Alter the current system of training to meet job-outcome oriented goals.
With economic gravity shifting towards cities, training should be reoriented to focus relatively
more on managing urban areas.
Introduce mid-career training modules for all services.
Strengthen and leverage online avenues for training: Introduce pre and post-training
matching of skills to determine posting. Digitize human resource records across states.
Develop a competency matrix to monitor ongoing skill acquisition and help match
requirements with resources in real time. Institute an e-learning platform to conduct training
modules.
Mid-career exams/skill assessment might be undertaken to evaluate and decide on future
posting.
Prepare handbooks for skill orientation to improve competency.
Introduce the ‘living university’ concept of value creation based on outcomes and good ideals.
Reforms in Evaluation
Consider replacing annual confidential reports (ACRs) with multi stake holder
feedback (MSF): It is important for MSF to be online to retain transparency and
accountability.
Institute goal setting and tracking: There is an inherent need to set key responsibility/focus
areas and progressively reduce discretionary aspects to evaluate civil servants. Institute the
online Smart Performance Appraisal Report Recording Online Window (SPARROW) template
in all central and state cadres.
Incentivization: Review existing schemes and introduce new schemes of incentives for
extraordinary performance.
Compulsory retirement for under performing officers: Develop benchmarks to assess the
performance of officers and compulsorily retire those unable to meet the benchmarks.
Citizen-centric framework: An inclusive policy framework with citizens at the centre needs
to be developed. The RTI’s management information system portal needs to be expanded to
cover more public authorities, especially subordinate offices of ministries and public sector
units.
Institutionalize system for effective monitoring of suo-moto disclosures: To bring further
transparency to public affairs and adopt safeguards to promote accountability, effective
monitoring of suo-moto disclosures is essential.
Protection of civil servants: Introduce an appropriate system of checks and balances,
including for the process of suspension, to ensure that officers are given their due process
and are not vulnerable to vested interests and political pressures.
Year Long Evaluation: Instead of current annual evaluation, it should be a continuous
process rather than an episodic one.
Reforms in E-initiatives and Probity
Ensure probity in governance: Strengthen institutional mechanisms for prevention and
detection of corruption:
Reviewing existing vigilance operating manuals and instructions to ensure probity.
Improving transparency in placement through initiatives in recruitment, placement and
training.
Reviewing performance of officers based on probity.
Strengthen implementation of a Centralized Public Grievance Redressal and
Monitoring System CPGRAMs): Develop a reform framework for the top twenty
departments for periodic monitoring of grievance receipts. An updated version that enables
transfer of grievances between ministries/ departments, bulk disposal of grievances and
multiple forwarding should be operationalized.
CPGRAMs should emerge as a strong mechanism for efficient redressal of public grievances
with similar mechanisms across all states/UTs.
Implementation of e-Office:Implementation of e-Office may be expedited in all ministries /
departments; all states/UTs may also be encouraged to adopt it.
Prompt delivery of services: Every department should seek to simplify their processes to
cut administrative delays and ensure participatory feedback mechanisms for efficient service
delivery. IT tools need to be expanded for single window clearances and stakeholder
consultations in policy.
Accountability
A system of two intensive reviews – one on completion of 14 years of service, and another on
completion of 20 years of service – should be established for all government servants. The
first review at 14 years would primarily serve the purpose of intimating to the public servant
about his/her strengths and shortcomings for his/ her future advancement. The second review
at 20 years would mainly serve to assess the fitness of the officer for his/her further
continuation in government service.
The services of public servants, who are found to be unfit after the second review at 20 years
should be discontinued. A provision regarding this should be made in the proposed Civil
Services Law. Besides, for new appointments it should be expressly provided that the period
of employment shall be for 20 years. Further continuance in government service would
depend upon the outcome of the intensive performance reviews.
Disciplinary Proceedings
In the proposed Civil Services law, the minimum statutory disciplinary and dismissal procedures
required to satisfy the criteria of natural justice should be spelt out leaving the details of the
procedure to be followed to the respective government departments. The present oral inquiry
process should be converted into a disciplinary meeting or interview to be conducted by a superior
officer in a summary manner without the trappings and procedures borrowed from court trials.
Miscellaneous Topics
Office of District Magistrate
The position of District Collector was created by Warren Hastings in 1772.
Differences
The powers and functions of chief secretary are much more than that of the Cabinet
Secretary.
The former is the administrative head of the state secretariat, while the latter Is not the
administrative head of the central secretariat.
The chief secretary Is the chief of state secretaries, while the Cabinet Secretary is not the
chief of central secretaries but only a primus Interprets or first among equals.
The chief secretary is the Residual Legatee at the state level, while the Cabinet Secretary
does not perform this legal function at the Centre. At the central level It Is performed by the
Principal Secretary to the Prime Minister who Is the administrative head of the PM office.
Some departments of the state secretariat are under the direct charge of the chief secretary
who does not head, the state cabinet secretariat.