Prof Ramanuja Devanathan
The All India Services Act 1951 has been amended in 1968 with minor changes and came to be known as All India Services (Conduct) Rules 1968 and the same has been further amended after a gap of 45 years. Hitherto the members of All India Services were the authorities and deciding force of the Government. Whatever they say or write was the authentic rule and policy of the Government. They were the policy makers and decision makers of governance. Even the Constitution mechanism used to bow before them, as they enjoyed utmost authority in the Government. They were the king-makers of the Government and were known for running parallel Government, feeling proud to be a key in governance. It was their monopoly that went ahead without any check. They were known for their changing ‘not’ to ‘note’ attitude. Now, at last a government has come forward to amend 1968 Conduct Rules with strong and deciding mind. The conduct rules in the sub-rule 3(1) have been amended with sub-rule (1A). The insertion thus made talks about high ethical standards, integrity and honesty, political neutrality, promoting principles of merit, fairness and impartiality in discharging duties, accountability and transparency, responsiveness to the public, particularly to the weaker section, and courtesy and good behavior with the public. By this amendment, the civil servants, the so-called bureaucrats now cannot show their red face before the public and nor use abusive language. They cannot make the public to stand before them with folded hands as a boy before a primary school teacher with rough and tough artificial and adopted behaviour. They are bound to behave friendly with the present amendment. Certainly, this amendment will go a long way and bring forth transparency in the administration as well governance. This would really make the democratic nation meaningful. The amended rules will make the members of All India Services as true public servants. Hitherto the facilitators of ‘haves’ are made the servants of ‘have-nots’. Either the civil servants use to bend the rules or searching for the loop-holes to support the constitutional authorities or the constitutional authorities make use of the civil servants for their personal benefits. The amendment will check this kind of anti-public and anti-national personal interests. This amendment will also check the political prejudice and will help in establishing neutrality. As this rule talks about promoting principles of merit in words, if it is implemented in reality, it would promote merit and merit only. As they are made accountable for every action or decision they make, they will behave in a more sensitive and proper way. Their behavior will also be taken into account for their promotion if implication of the amendment implemented in its true spirit. Of course, the sincere and honest civil servants always existed though their number is least. Obviously, the morale of such officers will be boosted by this amendment and this would not hurt them at any cost. Leaving such 10 to 20 percent officers, 60 percent of the remaining will change their behavior fearing severe disciplinary proceedings. Remaining though will not change, however they will be made to experience the disciplinary action, which in turn will make them feel their faults and flaws.
Further, in rule 3(2) after sub-rule (2A), the sub-rule (2B) has been inserted as an amendment. Every member of the Service shall commit himself to and uphold the supremacy of the Constitution and democratic values; defend and uphold the sovereignty and integrity of India, the security of State, public order, decency and morality. This amendment in true sense will make the members of all India services true and dedicated officers. By checking personal interest by the foolproof mechanism which is yet to be developed however would help in maintaining integrity in public service. By these amendments the civil servants are made to take decisions solely in public interest and to use or cause the public and national resources efficiently as well economically, so that the resources are not wasted and lost due to mismanagement. Obviously, this amendment will also help in the stability of the officers and no vested or political interests interfere in their posting or transfer or promotion, but merit only will be taken into account. The ongoing controversy in Jammu and Kashmir State regarding transfer of IAS and KAS cadres will end and no political considerations would come in the way of the efficient and honest officers. And more particularly the amendment of not to place members of All India Services under any financial or other obligations to any individual or organization which may influence them in the performance of their official duties will bring an end to accepting or giving bribe. Accumulating wealth in terms of money and goods both movable and immovable properties by the civil servants in recent days become a menace for the Government. This will be curbed by this amendment which underscores the measures in objective ways. They will be made to make choices, take decisions and make recommendations on merit alone. This will also empower the poor and the under-privileged sections of society. The amendment talks elaborately of the responsibilities of the civil servants from science to security and national to international issues. In a nut shell the amendment is an all-inclusive prescription for administering with the aim towards good rather best governance. However, it is up to the politicians at the helm affairs who have to decide the fate of this amendment and of the civil servants who have to habituate themselves for the transformation.
(The author is Principal Rashtriya Sanskrit Sansthan)
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