Image : Representational Purpose Only
Most UPSC civil service aspirants barring those whose parents or close relatives happen to be serving or retired government officials have a romantic notion of their work in higher civil service cadres and vague notions about the role of civil service in the Parliamentary democracy. Many of these perceptions are even naïve as some aspirants assert that they intend to join civil service mainly for to serve the society and especially the poor and the under privileged . In the following paragraphs an attempt has been made to explain how civil service emerged as integral to the process of growth of representative form of government – democracy in Europe and especially in Britain .
It began in Britain with “the steady transfer of powers and prerogatives from the King as a personage to the crown as a concept” and the need to have a body of men capable of exercising powers under the laws enacted by the Parliament which assumed the powers exercised earlier by the monarch now transformed into the institution of the Crown as the titular head of the Government. A related question is why the law makers cannot act as the law enforcement agencies and why do the government need the civil service? The answer to the question takes one to the realm of ethics and the Idea of conflict of interest , that is, it is not ethical and prudent in the interest of justice and fairness that the persons who make the law also enforce the same as they may not possess the necessary knowledge and skills to administer the laws, deliver justice or implement the policies which also have the force of law in a fair and transparent manner. Even if they have these qualities, the fact that there’s invariably a provision for appeal against orders passed before either a higher authority or courts would compromise the position of a lawmaker as a legislator , and therefore unacceptable . This is the basis of the concept of conflict of interest avoidance of which is a primary focus of delivery of public service by all entrusted with the same – functioning as permanent civil service officials or under nonelected bodies such as the Election Commission of India. This crucial aspect of public accountability explains why a “Permanent civil service” and not a temporary one comprising officials appointed on short term basis could only be the” effective operative part of the government system” responsible for enforcement of laws, implementation of policies and sovereign functions of the state . Its power is found in legislation and finance; it not only administers but shapes them; it not only spends proceeds of taxation but largely decides how much is to be raised and how much is to be spent. This position has led Wilburn to observe that ” democracy may be interpreted not as government by the people but as with the consent of the people with professionals making most of the decisions.”
2. In this background the OECD definition of the role of the Senior Civil service in a modern democratic state seems wholly applicable to India and is thus reproduced below:
“..a structured and recognised system of personnel for the higher non political positions in government. It is a career civil service providing people to be competitively appointed to functions that cover policy advice, operational delivery or corporate service delivery. The service is centrally managed through appropriate institutions and procedures, in order to provide stability and professionalism of the core group of senior civil servants, but also allowing the necessary flexibility to match changes in the composition of the Government by using appropriate due processes.”
Finally the word civil which is hard to translate in indian languages because it is an adjective ” relating to ordinary citizens as distinct from military or ecclesiastical matters as per Oxford dictionary ; and civil service, a noun means the permanent professional branches of state administration excluding military and judicial branches and elected officials. It may be noted following the judgement of the Apex court in Karunanidhi’s case ,the ministers of the government are’ public servants’ and liable for their actions.
From this perspective broad perspective it would appear that exercise of power as the agency of the state affecting the lives of citizens is the” core and distinguishing function of the civil service” in both regulatory such as Tax collection or development functions like implementation of MGNREGA. The Exam based recruitment process provides it with a kind of legitimacy to this role in a democracy . It is thus imperative for the civil service to acquire professionalism and character necessary to perform their duties in the manner of the ” Guardians” of ancient Roman Republic, that is ” in the interest of those entrusted to one’s care ” and not at the behest of the others. This demands first, honesty and integrity of character, second, professionalism in appreciation of facts, Laws, Rules and Policies to be able to take a reasoned decision which will stand the test of any review or appeal; and even public scrutiny under the Right to Information act. This position was aptly summed up by Netaji Subhas Chandra Bose in his Presidential address at the historic Haripura Session of the All India Congress in 1938 as quoted below:
In every country the Ministers come and go but the steel frame of the permanent services remains…. It is the permanent services who really rule in every country.”
A brief analysis of the roles assigned to the civil service in the Indian constitution is now attempted to make its position as a part of the executive wing clear to aspirants.
Under Article 53(1) the Executive power of the union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution. In the same spirit under Article 154 (1) the executive power of the state shall be vested in the Governor and shall be exercised by either directly or through officers subordinate to him in accordance with the Constitution.
What then is the executive power ? Apex court defined it as the ” residue of governmental functions that remain after legislative and judicial functions are taken away, subject of course to the provisions of the constitution or by any law. The executive function comprises both the determination of policy as well as carrying it into execution, the maintenance of order, promotion of social and economic welfare, the determination of foreign policy, in-fact, the carrying on and supervision of the general administration of the state.” In plain language administrative power means execution of the laws and administration of the departments of the government.
Implicit in this entire scheme of governance is the doctrine of trust meaning that the civil servants who exercise powers over other citizens will do so efficiently and in a just fair and transparent manner in discharge of their duties. It is this ” trust” which allows under the Passport Act only Gazetted officials of a certain level to endorse applications for Passport and not by any elected functionary of the state.
How an individual actually functions and exercises powers takes us to the realm of psychology and ethics as Bertrand Russell reminds us that ” respect for liberty of others is not a natural impulse with most men”; and that ” apart from love of power there is the love of power over other individuals”.
