Services under union and the states

Importance of civil services

The civil services form an integral part and play a crucial role in any modern democratize Government. In a democracy, the policy of the administration is determined and laid down by political executives (the Ministers) but the policy is carried out and the administration is largely run by permanent executives (the civil servants).  The civil services in fact form the backbone of the whole administrative set-up. In a democracy, the civil servants are almost entirely recruited through open competitive examinations. It was the Chinese who gave the world the concept of recruitment to civil services through an open competitive

Public services

In India, the civil services are divided into three categories. These are (i) All-India Services. (ii) Central Services, and (iii) State Services.

The all-India services

The All India Services Officers serve the Centre as well as the States. The officers to these Cadres are recruited, by the Home Ministry of the Government of India in consultation with the Union Public Service Commission. Their service conditions are also governed by the Home Ministry. The constitution provides in Article 312 (2) that the Indian Administrative Service, and the Indian Police Service shall be the All- India Services deemed to have been created by Parliament. The Constitution also provides that, if the Rajya Sabha passes a resolution supported by not less that two-thirds of the members present and voting that it is necessary or expedient in the national interest to do so, Parliament may be law provide for the creation of one or more All- India Services common to the Union and the States. The Parliament created through this constitutional provision in 1961 the Indian forest Service.

Central services

The personnel belonging to the Central Services are recruited by the Centre and serve under the Central Government only. They are concerned with the administration of Union subjects such as Foreign Affairs, Defence, Income Tax, Railways, Post and Telegraph, etc. Some of the important Central Services are the Indian Foreign Service, Indian Revenue Service, Indian Railway Accounts Service, Indian Railway Traffic Service and Indian Postal Service.

State services

The personnel belonging to these Services are recruited by the State Governments, and serve their respective recruiting State Governments. The administration of State subjects such as Sales Tax, Excise Duty on liquor, Agriculture, Local Governments, etc., fall under the State Services. Some of the officers of the State Services are promoted to the All-India Services.

Public service commissions[20]

Civil servants

All persons who are members of the Civil Services of the Union or of the All India Services hold office during the pleasure of the President. Similarly members of the State Services hold office during the pleasure of the Governor. This is known as the doctrine of “ pleasure tenure” of the Government servants. The Judges of the Supreme Court and the High Courts, Comptroller and Auditor-General of India. Chief Election Commissioner and members of the Public Service Commissions are excluded from the operation of the doctrine or pleasure. However, the Constitution provided certain safeguards to civil servants by placing restrictions on the doctrine of pleasure, Art. 311 states that—

(1)    No person holding a civil post under the Union or the States shall be dismissed or removed by authority subordinate to that by which he was appointed.

(2)    No such person be dismissed, removed or reduced in rank except after an in query in which he has been informed of the charges against him and given a reasonable opportunity or being heard in respect of those charges.

Prior to the 42nd Amendment Act 1976, opportunity of being heard was to be given to a civil servant at two stages. These were: (i) at the stage of inquiry into the charges; and (ii) after imposing a penalty in the form if dismissal, removal or reduction in rank but before implementing the penalty. But the 42nd Amendment Act 1975 omitted the opportunity or being heard can be denied even at the first stage if (i) a person is dismissed or removed or reduced in rank on the ground or conduct which has led to his conviction on a criminal charge;(ii) an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority on writing, it is not reasonably practicable to hold such inquiry; or (iii)_ the President or governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.

Main civil services in India

Administrative tribunals

The 42nd Amendment Act 1976, has inserted Part XIV-A in the Constitution. It authorizes the Parliament to set up administrative tribunals for the purpose of settling disputes and complaints involving civil services. It also authorizes the Parliament to establish an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States, specify the Jurisdiction, power and authority of the tribunals. The Parliament passed the Administrative tribunals Act in 1985, providing for setting up of Central Administrative Tribunal (CAT) for the Union including the All-India Services and State Administrative Tribunals (SAT) for the States. The jurisdiction of the High Courts relating to service disputes has been taken away and conferred on the CAT and the SATs. The decisions of the Tribunals can be challenged only before the Supreme Court. The members of the CAT and SATs are drawn from the Judges of the High Courts.

Major concerns driving administrative reforms

i)       Efficiency and Economy

ii)      Specialization

iii)     Effective cooperation and coordination

iv)     Administration and Development of Personnel

v)      Accountability

vi)     Corruption

Important committees and commissions on administrative reforms since independence:

The A.D. Gorwala Committee appointed in 1951 by the Planning Commission and in 1953 the Appleby Commission was set up as well to analyse the administrative machinery for implementing planned development submitted its report with the recommendation to introduce O & M procedures in govt. departments as well as setting up of IIPA for advancement of administrative knowledge which was subsequently implemented.

Santhanam Committee on Prevention of Corruption, in its report in 1964,found that corruption was not confined to only lower rank of public service. It recommended the setting up of the Central Vigilance Commission armed with adequate powers as well as a code of conduct for Ministers on par with the Chief Ministers of all states. However, once must note here that this reform has been diluted and the CVC has only been conferred advisory/recommendation powers and has to recommend to/take permission from the respective ministry/dept in order to proceed with investigating against its erring officials on the complaint through the CBI.

First Administrative Reforms was set up in 1966 - 1970 with Morarji Desai as its Chairman and on his becoming Deputy Prime Minister, K. Hanumanthaiya took over. The Commission submitted 20 reports discussing different areas of administration and reforms for it with detailed 500 recommendations.

The Commission recommended entry into the middle and senior management levels in secretariat from all services. As well as holding of a mid - career competitive written examination for filling middle and senior level positions in the government and many other recommendations pertaining to the Public Service Commissions, however all of these were turned down due to lack of political will and bureaucratic dominance over implementation of the recommendations, but its recommendations on Training were accepted and implemented in entirety by the government as a plausible means of administrative reform and capacity building.

The Jha  Commission on Economic Administrative reforms advocated the need to move towards accountability in the positive sense so that greater importance was given to performance instead of rules and regulations/procedures. The concept of Management by Objectives was introduced in the form of Annual Action plan for Ministries and Departments and Memoranda Of Understanding with PSUs,which we can see today ( giving status to PSUs like Navratna and Maharatna,etc.). Similarly, an online monitoring of managerial performance in infrastructure sectors was initiated.

The Fifth and Sixth Pay Commissions brought in a lot of reforms as well for sustaining the integrity and honesty of public administrators through enhanced pays that were implemented.

The arrival of the New Industrial Policy and LPG brought in a lot of major reforms, like the introduction of ICT technology in administration ( E- Governance) and Public-Private partnership, as well as dis investments in PSUs which has led to a higher efficiency as well as effectiveness in administration.

The Second Administrative reforms Commission headed by VeerappaMoily has recommended that the subject of Public Administration/Governance be made mandatory for aspiring civil servants, besides setting up National Institutes of Public Administration and the Central Services Authority. The Government of India has come up with a draft Public Services Bill (2007) that aims to change the nature of the civil services as well as face the challenges to governance in the context of complex global challenges. This paper presents an overview of the changing nature of civil services in India in the post-Independence period with emphasis on the reforms and the challenges ahead.

Expenditure Reforms Commission - that emphasized on a drastic downsizing of the government staff strength for securing modern and professional governance and also reducing the increasing salary bill of the Government of India.

The D.S. Kothari Committee Report on Recruitment Policy and Selection Methods, 1976, interalia recommended a major change in the examination system. It recommended a two-stage examination process – a preliminary examination followed by a main examination. This Committee also suggested changes in the training pattern for the civil services.

The Department of Administrative Reforms and Public Grievances(DARPC) has proposed a framework for good governance in the form of a Code of Governance. The main components of this Code are: (i)improving service delivery; (ii) development of programmes for weaker sections and backward areas; (iii) technology and system improvement; (iv) financial management and budget sanctity; (v)accountability and transparency; (vi) public service morale and anti-corruption; and (vii) incentivizing reforms.

Problems of implementation of reforms

The biggest issue with implementing recommendations of commissions and committees is that there isn't a sound policy for the same. The responsibility of accepting/rejecting such recommendations is left to the concerned Ministry/department.

i)       Lack of Political will

ii)      Lack of Bureaucratic will

iii)     Bureaucratic stranglehold over administrative reforms

iv)     Lack of long term strategising agency for administrative reforms free of bureaucratic stranglehold.

v)      Lack of information dissemination among people and stakeholders of reforms being carried out.

vi)     Over staffing and burden over the exchequer for paying salaries instead of diverting it to reforms implementations.

vii)    Lack of comparative study and interaction of Administration practices and administrators internationally as well as among the public.

viii)   Move from administrative improvement attitude within existing structures and machineries to proper administrative reformist attitudes that pushes the envelope.

ix)     Lack of practical solutions and recommendations by the Commissions and committees at times due to idealistic/theoretical attitude or lack of practical experience in the subject.

x)      Lack of awareness among public in regards to their rights and the public official's duties and responsibilities towards them.

 xi)   Corruption and vested interests and weak anti corruption agencies.

Key terms

All India Services: Services created as common to the Centre and the States for example, IAS, IPS and IFS (IndianForest services).

Central services: The services other than the IAS & IPS that falls under the direct control and regulation of the Union Government.

Doctrine of “pleasure tenure”: Applicable to the Civil services, the members of which hold their office and tenure under the pleasure of the President of India and thus, can be appointed and removed by him only.

Administrative Tribunals: Tribunals set up under the Civil service rules to adjudicate upon the service matters of the civil servants or redressal of their grievances etc.