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 Report :(i) Dearness Allowance

The Sixth Central Pay Commission (CPC) has devoted fourth chapter of the report to the subject of Dearness Allowance (DA) payable to government servants. The sanction of Dearness Allowance is at present based on calculated six monthly increase in the All India Consumer Price Index (Industrial Workers) (AICPI-IW) with base year 1982=100. At the time when the scales granted by Fifth CPC came into existence (1^st Jan.1996) this index stood at 306.03.

Fifth CPC started with calculation of DA @ 0% . from 1^st Jan.1996 . In the month of April 2004 the rate at which DA was admissible had crossed the figure of 50% and therefore based on recommendations of the Fifth CPC 50% DA was merged in the basic pay . This addition to basic pay was known as Dearness Pay. .Thereafter every increase in DA was calculated on (Basic Pay + Dearness Pay). It has been observed that since after the merger of dearness pay with basic pay the base for calculation of increase in AICPI was not changed the neutralization in cost of living was presently being done at a rate higher than 100%.

Commission has pointed out that the present method of calculation for increase in cost of living takes into account the price rise in a group of identified commodities. It has compared the relative merits of “chain based” and “fixed base” methods of calculation of estimated growth in cost of living. The AICPI as stated above is based on the increase in cost of a basket of identified commodities. In the fixed base method the calculations are based on the assumption that consumer would adjust his consumption needs in relation to increase or decrease in prices of the constituent commodities. The chain based method takes into account the possibilities of change in consumption pattern due to availability of wider range of consumption goods and the improvement in the quality thereof due to economic growth. The latter methodology has been considered to be more relevant in today’s economic scenario.

However the basic data for the pattern of consumption in respect of several essential commodities would have to be compiled through a detailed all India survey if this methodology is to be adopted . The previous Pay Commissions had different views on this matter. The Fourth CPC favored evolution of a separate index for calculation of cost of living for the government servants. The Fifth CPC however felt that such index would also suffer from imbalances since consumption patterns of various categories of employees would be different. The Sixth CPC has suggested a sample survey through National Statistical Commission for evolving an index based on consumption pattern of government employees. Till this exercise is completed the present methodology of calculating the increase in cost of living and calculation of DA would continue.

Thank God the Series is on

Cricket fans rattled by the name calling controversy in Indo Australian cricket series for Border Gavaskar trophy finally have something to cheer about. The series will continue and Harbhajan will perhaps be allowed to continue for the team. The fact that a match of Cricket -the gentleman's game could raise so much of heat and dust is a disturbing trend and all possible efforts should be made to check the declining standards of players' behaviour. The recent incident has shown that ignorance over cultural background and sensitivities of the rival teams can lead to very unpleasant developments on field and off the field also. It was seen as to how an act of small indiscretion can pose threat to the series and could have cost both the countries heavily by way of financial losses . There is thus a definite need for grooming the players on behavioural aspects . The silver lining in the entire episode was that Australian media was impartial and supported cause of fairplay.

Thank God the Series is on

Cricket fans rattled by the name calling controversy in Indo Australian cricket series for Border Gavaskar trophy finally have something to cheer about. The series will continue and Harbhajan will perhaps be allowed to continue for the team. The fact that a match of Cricket -the gentleman's game could raise so much of heat and dust is a disturbing trend and all possible efforts should be made to check the declining standards of players' behaviour. The recent incident has shown that ignorance over cultural background and sensitivities of the rival teams can lead to very unpleasant developments on field and off the field also. It was seen as to how an act of small indiscretion can pose threat to the series and could have cost both the countries heavily by way of financial losses . There is thus a definite need for grooming the players on behavioural aspects . The silver lining in the entire episode was that Australian media was impartial and supported cause of fairplay.

Benazir, Rajiv, Indu we miss you !

Matrix trilogy a series of films which brought to the viewers a glimpse of future controlled by computer generated soft wares is among my all time favourite movies . The thrill of imaging the unlimited potential of a computer controlled virtual world however concludes with certain philosophical observations . One such conclusion or lesson which emerges from the movie is that even the best computer programme can go horribly wrong . In the movie a virtual character in form of humanoid created through a computer programme named as Smith develops an instinct to reproduce itself in order to overpower it’s opponents. Smith subsequently in the process becomes a threat to the virtual world known as Matrix and it’s creator.

While watching a rerun of the movie it suddenly occurred to me as to how close the storyline fitted with pattern of events which have occurred in this subcontinent in last several decades . I do not know whether politicians like Benazir Bhutto get an opportunity to see such movies. Rajiv Gandhi and Indira Gandhi were victims of their own Smiths much before the Movie was released. But one can wonder just wonder whether any political leader ever contemplated the possible effects of the Smiths created by them becoming a threat to themselves. Off course CIA regularly eliminates it’s Smiths once they appear to be over stepping their limits.

But how sad it is to see the common thread running through the ghastly elimination of three top leaders of Indo Pak subcontinent. Indira Gandhi the shrewdest prime minister that India had after Nehru, failed to foresee the risk of backing certain aggressive elements in the Sikh community and therefore ended up antagonizing the whole community at one stage. Rajiv Gandhi champion of cause of Tamils in Sri Lanka and darling of crowds in South had to pay for his misjudgment for the Sri Lankan misadventure . And now Benazir daughter of East who overlooked the resurgence of hardliners during her regime as Prime Minister seems to have been made to pay for the indiscretion when the seeds nurtured during her rule seem to be overtaking every thing under militant form of religion.

I wish these charming and sophisticated leaders , of modern era , although lacking the formal training into school of political science could have been sincerely and forcefully advised by other mature politicians around them in such sensitive matters. These leaders had the capability to understand repercussions if they were properly guided. Sadly it could not happen and the world lost three extraordinary humans with so much potential untapped. The political scenario in the Sub Continent would have been so much richer with their presence.

Wow! Molestation at Mumbai !

Wow ! TV channels have again had a scoop. An urban city photographer has clicked a roll on indecent behavior towards women outside a five star hotel at Mumbai. So now let everyone come out. A panel discussion on psychology of urban youth and reasons for their rowdy behaviour is a must for all kinds of media channels. The defenders of Bhartiya Sabhyata and Sanskriti can have a field day protesting out side police headquarters. The ever active female rights champion actress ( despite having usurped the conjugal rights of another women in her private life) must grab the opportunity to condemn the male psyche and inefficiency of police. In the meanwhile the TV channels must go on flashing the “shameful” incident shamelessly every 10 minutes. The enterprising photographer.. the man behind the heroic act can also pass on some pics to bloggers so that they can also open respective show windows on the erratic behaviour of the crowd by displaying the exciting pictures while taking a moralistic stand on public humiliation of women.

The Police Chief has to rise to the defence of his men citing various statistics to minimize the impact of adverse media publicity . He has to be proactive , so that he may not be required to ask his men as to why they failed to catch the goons on spot despite all bandobust in the name of new year’s eve. Police Commisioners and residents of other metros can take consolation from the fact that it was not their metro which was in limelight this time for the wrong reasons. The metro of Delhi can at least temporarily forget the shame of various daylight abduction and assault cases of recent past. It can also take pride in the fact that it’s mobs attacked two lecherous sons of a union minister who were indulging in eve teasing .

As the investigation proceeds further the victims are found to be NRIs , so the entire nation can feel relieved to some extent on the assumption that it must have been flashy foreigner like clothes of the NRIs which provoked the crowd into beastly behaviour and the logical assumption can also be used explain the inaction on part of other “good men” in the crowd who did nothing to help the victims.

As for the victims they can take consolation from the fact that the “cop car” ( as they refer to the police Gypsy) was in the vicinity of the scene of crime and they were rescued in time. Hopefully, they are aware that their motherland has a very exciting track record of humiliating the mothers and sisters of the nation. Crimes like mass assault on women in Nandigram , Gujrat or in North East have remained unpunished under our legal system . They may also pray to God that media may soon discover some other hot news item quickly so that repeat of the painful incident after every ten minutes is put to an end.

There is another group of stakeholders which in entangled this mess .. it is the group of middle class parents of the perpetrators of the assault who must be wondering as to where the upbringing of their children went wrong. While their respective domestic debates can go on endlessly ,they can however draw some consolation from the fact that Lalu Prasad Ji is perhaps afflicted with similar thoughts right now after thrashing of his sons by the a Delhi mob for eve teasing .