The Supreme Court (SC) has ushered in good governance, transparency, accountability and stability in Civil Services while disposing a public interest writ petition filed by former Bureaucrats. The SC apart for ordering fixed tenure has directed setting up Civil Services Board (CSB) for management of transfers, posting and disciplinary action, empowered bureaucrats to record in writing oral instructions of political bosses on files.
The aim is to insulate the Civil Services from political interference and tackle the menace of frequent transfers. The SC has quoted extensively from K.Santhanam Committee report, Hota Committee and Second Administrative Reforms commission.
In India the Civil Services has been lauded as "steel frame" for it's role it in the tough times in post independence era. Our constitution had envisaged a neutral and professional apolitical bureaucracy to enforce the “rule of law” without fear or favour. But it has been often observed that the entire top brass being changed when a new political party forms government raising serious questions. There has been criticism that Civil Servants are rewarded not for their ability but loyalty to the party and alleged that political parties have people of their choice in sensitive posts.
Postings should be based on experience, merit, seniority and suitability. Transfers instead of giving flexibility to political executive for public interest are often used as a punitive measure and serve private interests. They are used to intimidate and make the officials fall in line. Frequent transfers cause distress to the common man as well by affecting efficiency of service delivered and quality of life.
It has been alleged that oral orders by political bosses have impeded the bureaucrats from performing their functions. The rules mention that orders should be given in writing in ordinary conditions. Even in urgencies when oral orders are received a post confirmation can fix accountability and guarantee transparency.
The court has directed the Centre and the States to establish Civil Service Boards (CSB) comprising servicing officers to advise the political executive on transfers postings and disciplinary action, until Parliament enacts a law in this regard. The political executive can overrule their views but by recording reasons ensuring good governance, transparency and accountability.
The SC as the protector and defender of the constitution has upheld the fundamental values of society and protected the integrity of the system. Though it has been criticised that the police reforms have not been implemented by many states and even partial implementations have not been in accordance with the envisaged spirit. There have been allegations that the even in states where the Service Security Board has been constituted the parties have managed to have their choice of people there. The SC has given 3 months as time limit for implementation of the order. The onus is on the government to implement the order in letter and spirit. Right enforcement of the SC order has the potential to bring a huge improvement and remove obstacles that prevent a public servant from performing his work in an objective manner. The SC has lit the spark to start the process and with the momentum building up right changes can be brought about in the system.
Though the SC judgements are beneficial in the immediate context they can’t be a substitute to Parliamentary laws. The SC has open stepped in to fill the Legislative vaccum. Parliament has been criticized for its inefficiency. It has been said that the culture of debate, deliberation, discussion and decision has morphed into the culture of disruption. It is imperative to arrest the decline of the parliament, reform the system and restore public faith. The nation cannot and should not be run by judicial pronouncements. Public pressure should induce the elected members to perform.
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