LAW TO REFORM CIVIL SERVICES IN INDIA

Central Civil Services in India is all set to become ebonite coated so that it is
insulated from undue political interference as a bill in this regard is likely to be
tabled in this session of Parliament itself. Reforms in Central Civil Services have
been on the government’s priorities. In fact an Administrative Reforms
Commission (ARC) had been constituted under Veerappa Moilyto look into the
entire gamut and recommend reforms in administration. Selection of new DGPs
and Chief Secretaries by new government at State has always been a matter of
debate. Similarly appointments of key functionaries at Centre like Cabinet
Secretary, Home Secretary and Principal Secretary to PM by govt have also been
under scanner of opposition. Need has been felt for few years to evolve a
transparent and an institutional system in such appointments. The proposed
legislation is perhaps aimed at addressing these core issues.

Proposed Bill is bound to trigger a National debate because Civil Service, in spite
of Liberalisation, Privatisation and Globalisation (LPG), has still been embedded
into the socio-economic, political and almost every walk of life with varied
degree of penetration.

Government said it would bring a Bill just after the Budget. The proposed Bill
seeks to constitute Central Civil Services Authority (CCSA) consisting of 3-5
members headed by a Chairman who would be selected by a committee of PM,
Judge of Supreme Court, and leader of opposition in Lok Sabha. The Chairman
would be placed at par with Chief Election Commission (CEC), that means his
mode of appointment, service conditions, tenure and procedure of removal etc
will be similar to that of CEC.

Many State governments have raised voices of concerns on the pretext of, what
they call undue interference of Union Government in State’s matters. It is a
scathing attack on, what they call, on the federal structure of government as
enshrined in the Constitution. States are particularly averse to the provision in
which consent of leader of opposition in matters of appointments of DGP and CS
would be must. However one can hardly deny the fact that Civil Services in
India do require some sort of overhauling and revamping in view of changing
socio-economic, politico-administrative and global milieu.

Civil Service in India is a British legacy and still continue to exist with least
metamorphosis. In fact posts of Collectors were created as early as in 1773 itself
by the British. The Regulating Act of 1773, which was perhaps the first legislation
of British in India to extend, consolidate and institutionalise British Raj created
these posts. But it is only from 1853 when Civil Servants began to be selected
through a competitive examination in which Indians were deprived from
appearing into. Post of Divisional Commissioners (DC) and Sub-divisional Officers
(SDO) were later created by governor general Lord William Bentick to lessen
enormous powers of Collectors. Even after Independence this structure remained
so strong that even Nehru called ICS as steel frame of India.
 This steel frame work of India now requires anti-corrosion treatment to make it
more resilient and vibrant so that it can suit and adapt according to the needs of
our people. The PM has taken the initiative, but a lot of other provisions are
required to be made to rejuvenate, revitalise and renovate this institution. The
indolent and battered bureaucracy is urgently required undergo some drastic
changes keeping in mind the contemporary socio-economic and politico-
administrative situation of country. We have to ruthlessly trash vestiges from this
structure, which is eating up vitals of our system, without fear and affection.
Bureaucracy has become inured to miseries of people, therefore it has to be
sensitised. We must not forget that there is an intense rancour in masses against
the indifferent, lackesaidial andinsensible approach of most of civil servants in
our country.

The proposed move is plausible, but only cosmetic surgery and its insulation
from political interference would not do. Here are some changes would should be
made to make Civil Services more sensible, vibrant, accommodative, responsive,
responsible and public servant rather than govt servant.

1. The entry into Central Civil Services should be from intermediate level
rather than graduation. It would help diminish the chances of entry of
huge number of engineers, doctorsand professionals including from IITs,
IIMs. Civil Services are generalist job and Civil Servants from engineers
and doctors community virtually have no use of their studies in this
career. Moreover technical education in our country is still highly
subsidised and public money is spent on them and in a way when these
students enter into Civil Services, the cost incurred on them by
government goes futile. It is therefore prudent to discourage such entries.
By making Intermediate as entry level into Central Civil Services we can
help eradicate this trend.
2. Period in field posting should be enhanced and the officers especially IAS
and IPS should have longer years in fields on sub ordinate posts. At
present IAS and IPS become DMs and SPs within 3-4 years time and
therefore have little experience in grass root level problems. We should
not forget that we are not producing Corporate Managers in UPSC; rather
we are producing public servants. Longer duration in fields especially in
rural areas would enable them to understand Bharat i.e. rural India in
much big and better way. IPS officers become SP even less than one year.
Thus the posting profile should undergo structural and functional change
to make them understand the problem in bigger way.
3. Concept of fixed term is a welcome idea, but it should not be linked with
extensions. In fact the very practise of giving extensions to favourite
officers has lured the Civil Servants to do act of favouritism in order to win
over their political masters. At the same time it discourages officers of
next junior batch because it mars their chances of coming to top posts.
For instance if the serving Chief Secretary, Cabinet Secretary or Home
Secretary is given extension, the just junior batch officer will be left with
no motivation because by the time the officers whose service has been
extended would retire, the most of the officers of just junior batch would
 also retire. The fact of the matter is that the practise of giving extensions
have helped germination of resentment and created aberrations also. This
practise should therefore be discontinued immediately.
4. These days post retirement assignments are being offered to most of the
top bureaucrats. Many retired IAS especially at secretary level in govt of
India get assignments immediately after their retirement. Post of CEC,
CIC, Member Planning commission, Advisors in different ministries, RBI
governor, governors of states, and a host of such posts almost invariably
go to retired Civil Servants. There is no denying the fact that officers of
huge administrative experience should be tapped for country’s welfare,
but such trend helps develop tendency and chances of nepotism,
favouritism and other such ‘ism’ which in long run are detrimental and
deleterious for our politico-administrative tapestry. Provisions should
therefore be made that no officer shall be given post retirement
assignment before three years after their retirement. Not only that
persons retiring from posts like Judge, CEC, CIC, governor etc should not
be given any post whatsoever because it is affecting the system very
adversely.
It is happy to see that Civil Services are being insulated from
political interference but at the same time it should also be ensured that
such immunities are utilised for good of democracy, federalism,
welfarism and politico-administrative structure rather than protecting
non-performance and lobbyism. Merely providing security in term and
conditions may make them more obstinate and non-performing because
they still have enough protection in Constitution (Article 311).