Public Services Bill 2007: Magna Carta for public servants in India

The Public Services Bill 2007 which is expected to be taken up by the Indian Parliament in the current session is a manifestation of the struggle of the Indian bureaucracy for devising a mechanism which could ensure efficiency and efficacy of public services . The proposed legislation attempts to set up a regulatory and protective framework for making the civil and police officers perform in a competitive atmosphere without interference and without fear of persecution for being upright and impartial. It covers All India Services namely the IAS, IPS and Indian Forest Services. State Govts. have the option to extend it to respective state public services.

The bill visualizes setting up of a Central Public Service Authority as the apex agency responsible for coordination, control and monitoring of various structural changes visualized in the proposed enactment. The matters relating to the constitution of the Central Public Authority are dealt in Chapter VI of the Bill.

The Authority is to be headed by a person of eminence with at least 25 years expertise in dealing with public service matters. However the bill prohibhits appointment of a MP or MLA or a person connected to any office in a political pand India's arty to this post. The authority shall have between 3 to 5 members in addition to the Chairperson.

The appointment of Chairperson and members is to be done with approval of the President of India based on recommendations of a selection committee comprising of the Indian Prime Minister , Leader of Opposition, and India's  Home Minister with  the Cabinet Secretary in the Govt. Of India as the convener. The salary and conditions of service of the Chairperson  and the members shall be at par with the Chief Election Commissioner of India and Indian Election Commissioners respectively. The tenure of appointment is proposed as five years or till attaining of age of 65 years.

The Central Govt shall have to compulsorily consult this Central authority on various matters of public services including evolution and monitoring of a Public Service Code and matters relating to ethics in public service as well as the performance management startegy for public services.

The Public Services which shall be covered by the scheme visualized in the Bill have been defined as below:

Public Services” means the All India Services, the Central Services and any other Service and posts in connection with the affairs of the Union notified by the Central Government;

The principles to be followed in the matter of recruitment to public services are contained in Chapter II which highlights that such appointments shall be on basis of merit and open and fair competition.

Chapter II of the bill deals with certain idealistic concepts such as Public Service values and Public Service Codes. Central Services and All India Services have been so far covered by Conduct Rules which have over the years become a patch work quilt of instructions related to behaviour expected of public servants and need restructuring. The bill proposes to reformulate the approach to these matters .

The Public Service Values projected in the new legislation are coined in more poetic language referring to patriotism, and allegiance to law of the nation while simultaneously making reference to other practical aspects such as integrity, honesty,  transparency etc. for the public services.

The bill seeks to ensure preparation of a Public Service Code with the objective of setting standards of good governance for ensuring that public services are carried out with integrity and efficiency. Any breach of public service ethics shall be subject to punishment as per sanctions prescribed in the law.

Chapter IV of the Bill concerns Performance Management and Accountability for the public services .For this purpose a Performance Management Code is to be evolved by the Central Authority .This code will help ensure that the Public Services function as per developmental and management requirements of the State and objective evaluation of performance is facilitated. The code is expected to inject elements of accountability, neutrality , integrity and professionalism of approach in public services.

Chapter V concerns the conditions of service and protection offered to public servants.

The bill proposes to retain the existing jurisdiction and functions of statutory bodies like Union Public Service Commission, Central Vigilance Commission and assigns several responsibilities to cadre controlling authority which include formulation of service rules and a grievance redressal mechanism for public servants.

In course of discharge of it's mandated functions , the Central Authority can seek public opinion on policy matters . It has to also submit an annual report to Govt. on various functional  issues including cases of non consultation or non compliance of it's directions.

The scheme of governance conceived in the bill if accepted and sincerely implemented could metamorphose the picture of public services . Besides offering protection and performance based encouragement it could create a mechanism which is committed to deliver while taking away the interference and pressure tactics which reduce the bureaucratic performance. This will mean depriving the politicians of the unfair advantage which they enjoy today. It is to be seen whether the lawmakers would approve of the suggested changes. Let us keep our fingers crossed.

Sixth CPC:Is the controversy over supremacy of IAS relevant

Before and After the release of various reports of pay commissions, the responses in the society follow a set pattern. Initially there is a dreamy atmosphere in anticipation of benefits . All those who are connected  to  Govt.  sector directly or indirectly relish the predawn signs on the horizon (news leaks on anticipated increase in pay) anticipating that their lives are henceforth going to be dfferent and a royal future awaits round the turn.

Their happiness is however short lived. There are a number of dependent sectors lead by owners of private educational institutions and stretching up-to the presswalla in the back lane who  swoop upon the respective consumers in the entire society and start demanding respective pounds of flesh (sometimes at rates which are quite disproportionate to expected gains) without the flow of benefits having started and without any consideration of the fact as to whether the target group is going to benefit from any pay increase for Govt. Servants. The state of dreaming starts giving way to a state of uncertainty.

Thereafter the  Press and TV follow  up with insulting and insinuating headlines. All civil servants acquire the image of fat and lazy Babus comparable to a gang of bandits who are out to suck the life blood of economy. Screaming headlines announce doubling of pay packets for these suckers. Although the pay hike is for several other categories like armed forces, doctors ,engineers,nurses and technicians but it is the bureaucrat whose obese pictures adorn the covers of magazines as guzzler of currency notes. Dreams turn into despair when benefits are actually calculated and the jump in pay is found to be quite less than anticipated.

Another oft repeated scenario is that of berating the IAS for having again retained it's so called supremacy over other services. The service is projected in a dim light as unpatriotic for having deprived even the uniformed forces  the  reward of supremacy, ignoring  their courageous performance against heavy odds. Media also reports on ( only a handful of ) cases of resignation from other services out of disgust (which may in fact be due to better retirement benefits offered by the pay commission). Although the various pay commissions despite reiterating the unique position of IAS  have given ample financial benefits across the board to all categories including Army and professionals yet the news reports highlight only the so called favoritism shown to IAS.

The question which comes to mind is whether the controversy is at all relevant. In six decades of it's life span the Indian democracy has faced challenges of insurgency, natural calamities and elections  with combined efforts of IAS, IPS, Army and professionals with dedication and single minded determination. Issues like who is superior to whom have never clouded the visions of the courageous men representing various organs of State at times of need .

While engaged in task of day to day governance the Government does need a nodal agency to coordinate efforts of various agencies and at that stage the generalist service whether IAS or State Civil Service has to shoulder the responsibility due to it's outreach, linkage and  exposure over various fields. But this does not imply that these services assume the  role  of tyrant or dictator or the other services resent their so called superiority. Experience has shown that contrary to the media projections  officer in various services do have a healthy feeling of mutual respect for other services and who is above whom is not a  issue of long term significance.