Fixed tenure for civil servants - will it bring a change?

Fixed tenure for civil servants – will it bring a change?

Introduction:

Big career judgments of government like transfers, promotions, postings and foreign assignments are made with direct pressure from political backdrops. This loses the whole significance of merit based rewarding and what prevails in India is impartiality and corruption. Amid these controversies, rose a petition filed by 83 retired bureaucrats, and got passed by the SC declaring: A cadre officer, appointed to any cadre post, shall hold the office for at least two years unless he or she is promoted, retired or sent on deputation outside the state or for training exceeding two months. A cadre officer can be transferred before the minimum specified period only on recommendation of the civil services board. Will this law bring a wave of positive changes in India?

Yes, this law will bring changes:

1.Independent functioning: For the independent functioning of the bureaucracy, it is important that they remain obliged only to the laws of the government and not obliged to follow orders of the politicians. Ensuring freedom to the bureaucracy would help in the making of impartial judgments without pressure or fear of the political bosses. How many times have we heard government officials using phrases such as “we have orders from above?” It is high time to free India from the rule of these bosses.

2.Proper proofing of decrees: SC verdict also announced that civil servants should not act on verbal orders given by political executives and all actions must be taken by them on the basis of written communication. This would create a proper proofing of the case before making a judgment on it. Those claiming an act of partiality would have proper proof of the incident under which he/she was transferred or made to follow an order.

3.Prevention of injustice: The cases of motivated transfer of Ashok Khemka, IAS officer of Haryana cadre over DLF-Robert Vadra land deal, and succeeding transfer of Durga Sakhti Nagpal, UP cadre IAS officer are examples of injustice prevailing due to lack of these laws. These very cases are the reasons that triggered the formation of these laws.

4. Fixed tenure: IAS, IPS and IFS officers will now have a fixed tenure of at least two years in every post. Any deviation from this rule will be allowed only on the recommendation of the CSB (Civil Services Board). The competent authority can, however, reject the CSB’s recommendation after considering the reasons. This will ensure better functioning of the bureaucracy without fear of termination from their posts.

5.Better procedures: The law states that all states must now constitute a CSB headed by the chief secretary to manage the transfers of civil services officers. For transfers and posting of IAS officers, the board will have the senior-most additional chief secretary, or chairman, Board of Revenue, or financial commissioner, or an officer of equivalent rank and status as member, and principal secretary or secretary of the Department of Personnel in the state government, as member secretary. For posting and transfers of IPS officers, the board will have two more members — principal secretary or secretary, Home, and the director general of police. For posting/transfer of Forest Service officers, the board will have the principal secretary or secretary, Forest, and the state’s principal chief conservator of forests as members.

No, this law would not be efficient:

1.Implementation of law: After everything said and done, the law has yet to see the daylight of being implemented. A change in government, meanwhile, only ensured partial implementation of the law – where it asked the bureaucrats to ignore oral orders. Almost a year has passed and the implementation of the law is yet to be seen. Without being implemented this newly framed law has no meaning at all.

2.Corruption is not limited to the orders of political bosses upon bureaucrats. It is a widespread disease which is weakening the pillars of development. Framing of these laws would not bring any change in the working of the government official or their unjustified acts.

3.By hook or by crook the political bosses would never lose control over the decisions of bureaucrats. They would come together to get their will done by any means. There has to be strict laws against the culprits of corruption even if they are executives with powers and it is only then that the country shall mark the beginning of change for good.

Conclusion:

Independent functioning of the Civil Service Board can be a great measure to ensure that they remain effective and free from political forces hindering the implementation of justice and integrity in highly decisive matters. However, it is equally important that stricter laws should be made to keep the powers of the politicians under check, otherwise the whole motive behind the formation of this law shall go in vain.