Violation of law makers’ protocol

We were dreaming an India with a difference after the British Royalty and associated airs waned after getting independence in 1947 . The spirit of freedom movement and the innumerable sacrifices given to attain it had definitely created an environment of the spirit of service by those, who attained power, towards the countrymen . Simplicity, devotion, sincerity and honesty too reigned supreme. Unfortunately , Law of Diminishing Returns started operating sooner than any later and in most of the cases , the elected ones started thinking themselves no less than the Royals and laid stress upon ancillary issues mostly personal like frequent hike in salaries, improvement in perks, free travel, income tax rebate and even exemptions, in some cases, retaining more than one Government accommodation and even not vacating one even after sufficient time following not being elected or losing power. Criminalisation of politics and politics of criminalisation started gaining credence and rather acceptability. Still sufficientexceptions are there fit to be emulated.
Having said that, it also cannot be doubted that the tenets of democracy in this country, on the face of it, lay emphasis on inviolability of the status of our Law Makers. They need to be respected and whenever they visit offices and institutions with intent to have problems of the people of their respective constituencies addressed , they should receive proper treatment under a well defined protocol , being representatives of the people who choose them . In fact, only in February this year , all state and Central Government officers were asked to follow proper norms in dealing with communications from MPs and MLAs or face action. The order specifically refers to the movement of MPs in general and specifically during the Parliament is in session. Issuing of the latest order was necessitated due to some instances of violation of protocol norms laid in the existing guidelines . When it comes to seeking information or status of a project or of an issue concerning the people from the concerned officers , these Law Makers should find no hassles in meeting the concerned officers.
Committee of Privileges of Lok Sabha felt the need for consolidating and reiterating the existing instructions giving place to revised comprehensive guidelines and instructions. Due courtesy was required to be shown by the officers towards the public representatives and any breach in the set protocol was to be viewed seriously was what Ministry of Personnel communiqué read. However, it was silent on unwarranted political interference by some Law Makers in the procedural working in the system and undue pressures in whichever cases exerted on the concerned bureaucrats to toe to their line. It has been observed that the IAS is hamstrung by political interference, outdated personnel procedures and is in need of urgent reforms. The Government should adopt safeguards that promote accountability while protecting bureaucrats from political meddling. It is worth noting that while hearing TSR Subramanium versus Union of India , the Supreme Court of India ruled IAS officers and other civil servants were not required to act on oral instructions given by politicians as they ‘undermined credibility’.
However, we cannot brush aside that all the 29 complaints filed by Members of Parliament in respect of violation of the protocol by some IAS officers across the country could be without one or the other reason . While prudence dictates to state that some of them could also be on frivolous grounds or of such nature which could have been simply ignored by the concerned complainant MPs, which , however, could ably be decided by the courts if filed there or at other competent forums . Can politicians also adopt a protocol type of approach towards the bureaucrats by refraining from and not exerting political pressures in repeatedly transferring them , suspending their services and even assaulting them. These officers are otherwise attending to stupendous duties in maintaining public order, peace and numerous responsible duties,even heading a full division of a state as a Divisional Commissioner.They lead Government departments and ministries and are instrumental in taking sensitive key decisions. They even represent the country at international level in bi-lateral and multilateral negotiations. While they must extend due reasonable courtesies towards the representatives of the public , at the same time -their dignity and their esteem should not be undermined.

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