Reforms in Bureaucracy, SC orders!

Q. What are the reforms ordered?

1. Fixed tenure for civil servants.

1. No action on oral orders from political executive.

Q. What will be the outcome?

1. Setting up of a Civil Services Board comprising of high ranking service officers. There can be a Cabinet Secretary at the Center and Chief Secretary at the State level.

1. The board shall be advisory in nature. The political executive can overrule the guidance provided by the board but by recording reasons, that shall ensure good governance, transparency and accountability.

Q. What is the role of Parliament and Supreme Court here?

1. The parliament is the supreme body to make legislation and enact a Civil Services Act under Article 309 of the Constitution. 

1. The Supreme Court acts as a bridge bringing in reforms before the Parliament finally comes up with such legislation. It has ordered the Center, States and Union Territories (UT) to set up such board within 3 months and secure fixed tenure for the civil servants.

Q. How shall these reforms enable Civil Servants?

1. Fixed minimum tenure would enable them to achieve their professional targets. It would help them to function effectively.

1. It would also ensure service delivery and increased efficiency.

Q. Has such judgement been passed before? 

1. Yes, similar judgement was passed by the Supreme Court on September 20, 2006 on fixed tenure of Police Officers but all states are dawdling.

1. This time around the PIL has been filed by 83 retired bureaucrats calling for an independent, high powered and statutory board in each state for postings and transfers of Civil Servants.

Q. Does the reforms go by the book RTI?

1. The verbal directions defeat the objective of the transparency law and give rise to favoritism and corruption.

1. In fact written directions is of utmost importance if oral orders are subjected to the rigorous test of the Right to Information (RTI).

Q. Is it suo moto Governments privilege to bring reforms?

1. The government itself has appointed several reforms committees and successive Administrative Reforms Commission did come out with great recommendations. But these were ignored by governments.

1. It is through Public Interest Litigation (PIL), a tool for the protection of public interest, former senior officers have moved the courts to protect the civil servants from political havoc.