Ethics in Governance- 2nd ARC report

 Ethics is a set of standards that society places on itself and which helps guide behavior, choices and actions.

Corruption is an important manifestation of the failure of Ethics. The word ‘corrupt’ is derived from the latin word corruptus, meaning to break down. The word Ethics is from the original Greek term ethikos, meaning arising from habit.

There are two, somewhat contrary, approaches in dealing with corruption and abuse of office.

1. The first is overemphasis on values and character.

In the real world, both values and institutions matter. Values are needed to serve as guiding stars, and they exit in abundance in our society. A sense of right and wrong is intrinsic to our culture and civilization. But values need to be sustained by institutions to be durable and to serve as an example to others. Values without institutional support will soon be weakened and dissipated. Institutions provide the container, which gives shape and content to values.

In our society, corruption and abuse of office has been aggravated by three factors.

1. There is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily. In a society which worships power, it is easy for public officials to deviate from ethical conduct.
2. There is enormous asymmetry of power in our society. Nearly 90% of our people are in the unorganized sector. Quite a number of them lead a precarious existence depending on subsistence wages with no job security. While job in the organised sector where 70% employed are Govt employee directly or indirectly. Since their employment in Government comes with all the trappings of power. Such asymmetry of power reduces societal pressure to conform ethical behaviour and makes it easy to indulge in corruption.
3. Indian state in the early decades after Independence chose a set of policies whose unintended consequence was to put the citizen on the mercy of the state. Over regulation, severe restrictions on economic activity, excess state control and economy of scarcity all created conditions conducive to unbridled corruption. In addition, many state subsidies and beneficiary-oriented programmes in a situation of asymmetry of power converted the public servant into patron and master and reduced most citizen’s capacity to resist extraordinary demands.

In general, it is believed that monopoly and discretion increase the propensity to corruption while competition and transparency reduce corruption. As seen in India, after liberalisation as competition came in and choice expanded, corruption plummeted.

Similarly, whenever technology and transparency have been introduced, corruption has been significantly contained.

Every democracy requires the Empowerment of citizens in order to hold those in authority to account. Right to Information, Effective Citizen’s Charter, opportunity and incentives to promote proactive approach of citizens, stake-holder’s involvement in delivery of public services, public consultation in decision making and social auditing are some of the instrument of accountability that dramatically curbed corruption and promoted integrity and quality of decision making.

If polity attracts and rewards men and women of integrity, competence and passion for public goods, then society is safe and integrity is maintained. But honesty is incompatible with survival in politics, and if public life attracts undesirable and corrupt elements seeking private gain, then abuse of authority and corruption become the norm.

As the economy freed from state control, extortionary corruption declines and collusive corruption tends to increase. It is undermining the very foundations of our democracy and endangering society.

In India, some anti – corruption initiatives are steps in the right direction.

1. Supreme Court has ruled that candidates contesting elections should file details regarding their wealth, educational qualifications and criminal antecedents along with their nomination papers.
2. The Right to Information Act, a potent weapon to fight corruption.
3. The introduction of information communication technologies, e-governance initiatives and automation of corruption prone processes in administration have succeeded in reducing corruption.

Certain regulation need to be implemented

1. Benami properties of corrupt public servants need to be fortified,
2. as also the assets illegally acquired from corrupt practices.
3. Whistleblower legislation has to be put in place to protect informants against retribution.

Regulation over election

The 91st Amendment to the Constitution was enacted in 2003 to tighten the ant – defection provisions of the Tenth Schedule, enacted earlier in 1985. This Amendment makes it mandatory for all those switching political sides – whether singly or in groups – to resign their legislative membership. They now have to seek reelection if they defect and cannot continue in office by engineering a split of one-third of members, or in the guise of continuing split of a party. The Amendment also bars legislators from holding, post-defection, any office of profit.

The issue of disqualification of members on grounds of defection should be decided by the President/Governor on the advice of Election Commission.

To make coalition, a stable government, The ARC has recommended The Constitution should be amended to ensure that if one or more parties in a coalition with a common programme mandated by the electorate either explicitly before the elections or implicitly while forming the government, realign midstream with one or more parties outside the coalition, then Members of that party or parties shall have to seek a fresh mandate from the electorate.

The National Commission To Review the Working of Constitution (NCRW) recommended that special election benches should be constituted in the High Courts earmarked exclusively for the disposal of election petition.

The fundamental principal in a democracy is that all persons holding authority derive it from the people. Such accountability is enforced through a system of laws and rules, enacted by legislation. Ethics provide basis for creation of such laws and rules.

Institutional framework to deal with Corruption

The Administrative Vigilance Division of the Depart of Personnel and Training is the nodal agency for dealing with Vigilance and Anti Corruption. Its tasks ,inter alia, are to oversee and provide necessary direction to the Government’s programme of maintenance of discipline and eradication of corruption from the public services.

The other institutions and agencies at the Union level are – 1) The Central Vigilance Commission (CVC) 2) Vigilance units in the Ministeries/department of GOI, Central Public enterprises and other autonomous organisations and 3) the Central Bureau of Investigation

CENTRAL VIGILANCE COMMISSION

The CVC advises the Union Government on all matters pertaining to the maintenance of integrity in administration. It exercises super independence over the Working of the CBI and also over the Vigilance Administrative of various Ministeries and other organizations of the Union Government.

Vigilance Units in the Government of India

All Ministeries/ Department in the Union Government have a Chief Vigilance Officer (CVO) who heads the Vigilance division of the organization concerned, assisting and advising the secretary or heads of office in all matters pertaining to Vigilance.

• He also provides a link between his organization and central Vigilance Commission on the one hand and his organization and CBI on the other.
• Vigilance functions performed by the CVO include collecting intelligence about corrupt practices of the employee of his organisation, investigating verifiable allegations reported to him, processing investigation reports for further consideration of the disciplinary authority concerned and referring matters to the  CVC for advice wherever necessary.

CENTRAL BUREAU OF INVESTIGATION

The CBI is the principal investigation agency of the Union Government in anti – Corruption matters.

• It derives its power from the Delhi Special police Establishment Act, 1946 to investigate certain specific offences or classes of offences pertaining to corruption and other kinds of malpractices involving public servants.
• The special Police Establishment, which forms a division of CBI has three units viz, 1) Anti Corruption Division, 2) Economic Offence Wing , and 3) Special Crimes Division.

VIGILANCE SYSTEM IN STATE GOVERNMENTS.

AT the state level, similar Vigilance and anti corruption organisations exists, although the nature and staffing of these organisations vary between and across state government. Some have Vigilance Commission and anti corruption bureaus, other have Lokayuktas.

THE LOKPAL

THE first Amendment Reform Commission had recommend the Establishment of the institution of Lok Pal.

• The Lok Pal bill is supposed to be a watchdog over the integrity of ministers and the Members of Parliament. The Indian Lok Pal was intended to be similar to the institutions of Ombudsman existing in the Scandinavian countries.
• The lok pal bill provides for Constitution of the Lok Pal as an independent body to enquire into cases of corruption against Public functionaries, with a mechanism for filing complaints and conducting inquiries etc.
• Allegations of corruption are dealt within the department and also by CBI under CVC. In some cases there may be collision between the Ministeries and officers. Therefore, there should be an organic link between the Lok Pal and the CVC.
• The reason for this is that an overarching approach to fight corruption in high places is necessary.  Thus linkage between CVC and the Lok Pal would enable sharing of information and prompt action against all persons involved.

Whether PM should be within the jurisdiction of Lok Pal?

The authority of PM, as long as he enjoys Parliamentary support, has become synonymous with the nation’s dignity and prestige.

A PM facing formal enquiry by a Lok Pal would cripple the government. One can argue that such an enquiry gives the opportunity to the incumbent to defend himself against baseless charges and clear his name . But the fact is , once there is a formal enquiry by a Lok Pal on charges , however baseless they might be , the PM authority is severely eroded, and the government will be paralysed.

So, if PM is indeed guilty of serious indiscretions, Parliament should be the judge of the matter, and the Lok Sabha should remove the PM from office. No lengthy enquiry or impeachment is therefore contemplated in our scheme of things, and a mere passing of nO confidence motion without assigning reasons is sufficient.

It could be argued that since any Minister could be removed on PM advice, or Parliament as well, the LOk Pal have jurisdiction on Minister’s conduct also. But Parliament does not really sit in the Judgement over a Minister’s conduct. It is the PM and Council of Minister as a whole whose fate is determined by Parliament will. and PM doesn’t have till to personally investigate the conduct of a Minister. The government investigation agency is controlled or influenced by the minister. So, an independent, impartial  body of high standing would be a great value in enforcing high standard of ethical conduct among minister.

Same is applied for the Members of Parliament. But the final decision should be left to the Parliament and PM as they are the elected body and represent the aspiration of the country.

These responsibility of Parliament and PM cannot be transferred to any unelected body.

In the wake of recommendation by 1st ARC reports, many state Government enacted legislation to constitute the Lokayuktas to investigate allegations or grievances arising out of the conduct of public servants including political executives, legislators, officers of state Government, local bodies etc.

It is also open to the Lokayuktas to initiate suo-motu enquiry into the conduct of Public servants. The Lokayuktas is generally a retired Judge of the High Court or Supreme Court, appointed for five year term on the basis of a joint decision involving the Chief Minister, the CJI, the speaker of the House and the leader of the Opposition.

The experience regarding Working of Lokayuktas has been rather unfortunate. Though Maharashtra was the first state to establish this institution as early as in 1972, its public credibility was lost when the incumbent continued to function for several months after he was asked to step down.

• Orissa instituted and then abolished the institution
• Even though Madhya Pradesh Lokayukta had indicted two Ministers in a land deal and certain other Ministers were also held responsible for wrong doing, no action whatsoever was taken against any of them.
• In 1997-98, the Lokayukta had advised the Government that unless adequate  power were given to it there was no need for continuance of the institution.
• The karnataka Lokayukta  which has been a very active institution, is headed by a retired Judge of Supreme Court and has jurisdiction all over public office. With anti-corruption bureau of the State forming part of the institution, it has unfettered power to enquire or investigate into cases of misconduct and deals both allegations and grievances. However, though the Karnataka Act provides for the submission of property returns to the Lokayukta by the CM, Ministers and all legislations but few have returned and no action done against them.
• Too many cases at the Lokayukta level will affect its effectiveness. Hence it is necessary to have the equivalent of the CVC at the state level to deal with the cases of corruption among public servants.
• The jurisdiction of Lokayukta should extend only to corruption cases against Ministers and MLAs.

Ombudsman at the Local Level

The 73rd and 74th amendments to the Constitution have firmly established decentralization of power and functions to the third tier of the government.

• A local bodies Ombudsman should be constituted for a group of districts to investigate cases against the functionaries of the local bodies. The State Panchayat Raj Acts and the Urban Local Bodies Act should be amended to include this provision.
• The local bodies Ombudsman should be empowered to investigate cases of corruption and maladministration by the the functionaries of local self govt.

Strengthening Investigation and Prosecution

Corruption prevention and enforcement in an increasingly electronic environment both in Government institutions and outside, requires specific measures to equip the investigating agencies with electronic investigating tools and capability to undertake such investigation. Systematic training of officers in this area more particularly at the state level is essential.

Recommendations

1. The state Vigilance Commission/Lokayuktas may be empowered to supervise the prosecution of corruption related cases.
2. The investigating agencies should acquire multi-disciplinary skills and should be thoroughly conversant with the working of various offices/department. They should draw officials from different wings of government.
3. Modern technique of surveillance should be employed…
4. A reasonable time limit for investigation of different types of cases should be fixed for the investigative agencies.
5. The priority need to be reoriented by focussing on big cases of corruption.
6. The anti corruption agency should have special eye on most vulnerable post to corruption in Department and have proper intelligent setting.
7. The economic offence unit of states need to be strengthened to effectively investigate cases and there should be better coordination among existing agencies.

Social Infrastructure

The citizen’s voice can be effectively used to expose, denounce and restrain corruption. This calls for engagement of civil society and the media in educating citizen about the evil of corruption, raising their awareness levels and securing their participation by giving them a voice.

Two examples

1) The Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan  a well known NGO, started uncovering corruption in local public works by gaining access to employment rolls, vouchers etc and then handing them over to the concerned villagers for scrutiny in public hearings called Jan Sunwai. As a result, large scale corruption were unearthed and Government in Rajasthan was finally persuaded to introduce serious reforms such as creation of Ward Sabha that was given power to conduct social audit of government programme, approve public works, certify proper execution.

2)Parivartan

An NGO based in Delhi, used the Right to Information law to expose corruption in Public Distribution System by insisting on access to stock registers maintained by fair price shops, and expose that large quantities of rice, wheat and oil intended for public had been diverted to the open market.

Recommendations to empower citizens

1. Citizen’s Charter should be made effective by stipulating the service levels and also the remedy if these services levels are not met.
2. Citizen’s may be involved in the assessment and maintenance of Ethics in important government institutions and offices.
3. Reward schemes should be introduced to incentives Citizen’s initiative.
4. School awareness programmes should be introduced, highlighting the importance of Ethics and how corruption can be combated.

Recommendations for adaption of US False Claim Act

Legislation on the lines of the US False Claim Act should be enacted, providing for citizens and civil society groups to seek legal relief against fraudulent claims against the government. This law should have following elements

1. Any citizen should be able to bring a suit against any person or agency for a false claim against the government.
2. If the false claim is established in a court of law, then the person/agency responsible shall be liable for penalty equal to five times the loss sustained by the exchequer or society.
3. The loss sustained could be monetary or non-monetary as in the form of pollution or other social costs. In case of non-monetary loss, the court would have the authority to compute the loss in monetary terms.
4. The person who brought the suit shall be suitably compensated out of the damages recovered.

Role of Media

A free media has a crucial role in the prevention, monitoring and control of corruption. Such media can inform and educate the public on corruption, expose corruption in Government, private sectors and civil society organisation and help monitor codes of conduct while policing itself against corruption.

1. The electronic media should evolve a code of Conduct and a self regulating mechanism in order to adhere to a code of Conduct as a safeguard against malafide action.
2. Establishing a regulatory agency overseeing the function covered under electronic media.

Systematic Reform

Most public services in India are provided by government in a monopolistic setting. Such a situation by its very nature is conducive to arbitrariness and complacence with a high probability of a section of functionaries taking advantage of the ‘departmental hegemony’ for corruption. Introduction of an element of competition in the provision of public services is thus a very useful tool to curb corruption.

Recommendations for the above

1. Each Ministry/Department may undertake an immediate exercise to identify areas where the existing monopoly of functions can be tempered with competition. A similar exercise may be done at the level of State Government and Local bodies.
2. This exercise may be carried out in a time bound manner, say in one year, and a road map laid down to reduce ‘monopoly’ of functions. The approach should be in to introduce competition along with mechanism for regulation to ensure performance as per prescribed standards so that public interest is not compromised.
3. Some centrally sponsored schemes could be restructured so as to provide incentives to states to promote competition in service delivery.
4. All new national policies on subjects having large public interface should invariably address the issue of engendering competition.

Action can be taken to promote reforms are as follows

1. Promoting  competition within the system of both private and public institutions.
2. Simplifying transaction – Allowing a single window clearance of all requirement or one-step service Centre.
3. Using Information Technology – Using the platform citizens can be updated as well as linked to different policies and benefits of government.
4. Promoting transparency – In Public administration, transparency is used to imply openness and accountability.
5. Reducing discretion – Decision making should be assigned to Committee than individual.
6. Supervision – Most offices have hierarchical structure so each office need to supervise the work of immediate next.
7. Ensuring Accessibility and Responsiveness –
8. Monitoring complaint – All public offices should have an online complaint tracking system. Complaints should have social audit and it should be used to analyse systematic deficiencies so that remedial measures are taken.
9. Audit and proactive Vigilance against corruption.

Protecting honest Civil Office

Delhi Special Police Establishment (CVC),  Act requires prior permission of the Union Government for initiatting investigation against an officer of the rank of a joint Secretary and above in the GOI and its equivalent of in the Central Public undertakings.

International Cooperation

UN initiatives is the international Code of Conduct for public officials adopted in December 1996 to guide principles that public servants should follow in the performance of their duties in relation to loyalties, integrity, efficiency etv.

How to tackle the menace of Civil Service transfer

Transfer of govT functionaries have in many States, virtually assumed the status of an industry, the transfer industry. OffIcials at all levels are repeatedly shifted from station to station in utter disregard of the tenure policies or any concern about the disruption of public services delivery and the adverse effect on the implementation of development programmes.

In Mohsina Begum’s Case , the Allahabad High Court lamented that ‘whenever a new govt is formed, there is a tidal wave of transfers of government servants on the basis of caste community or moneTary consideration’ leading to total demoralisation of the bureaucracy and its division on caste and communal basis, besides spread of corruption and breakdown of all norms of administration.

The Fifth Pay Commission made several recommendations in the regard

1. Details guidelines should be published by each department regarding transfer policy.
2. In order to maintain Administrative continuity and stability to incumbents, frequent transfer should be discouraged, a minimum tenure for each posting of officer should be predetermined, and it should be 3 to 5 years, except in exceptional cases.
3. Any premature transfer before the completion of the prescribed tenure should be based on administrative grounds, which should be spelt out in the transfer order itself. The civil servant should be given the right to appeal against such an order if he feels aggrieved.

As per recommendations by One eminent jurist

To leave the transfer to bureaucracy to itself without any interference whatsoever by the Ministry. As The statewide transfer is concerned , the same should be done on the recommendations of a Committee consisting of the Chief Secretary of the state, next senior most Secretary and the secretary of department in which transfer is sought. If this committee is directed to perform its functions transparently, it will be open on the Ministry to oversee the complaints on the action of the Committee and remedial actions could be takEn. This would certainly takE away the public perception that transfers are being done on political or collateral considerations.

As per the National Commission to Review the Working of the Constitution

• The procedure regarding transfer, promotion etc should be managed by autonomous Personal Board for assisting the high level Political authorities in making key decisions. Such civil service Board should be constituted under statutory provisions. they should be expected to function like the UPSC.

Uniform Civil Code – Debating across the aisle

Uniform Civil Code(UCC) is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of generic laws governing every citizen. These laws are distinguished from Public law and cover marriage, divorce, inheritance, adoption and maintenance.

A UCC would not only help end discrimination against women on religious grounds but also strengthen the secular fabric of the country and promote unity.

Many practices governed by religious tradition are at odds with the fundamental rights guaranteed in the Constitution.

The whole concept of UCC is not aimed against any particular religion or its customs, but to prevent oppression in the name of religion. As often confused with.

Almost all Muslim countries the world over, such as Morocco, Tunisia, Turkey, Egypt, Jordan and even Bangladesh and Pakistan in our neighborhood, have codified personal laws governing marriage and family matter.

In fact, MK Gandhi once said, I don’t expect India of my dreams to develop one religion, i.e. to be wholly Christian, Hindu or wholly Musalman, but I want it to be wholly tolerant, with its religions working side by side with one another.

Constitutional Imperative

Article 44, of the Constitution declares that the state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.

Goan Paradigm

Goa Family Law, derived from the Portuguese Civil Code of 1867 – continued in Goa after its liberation. The law provides for equal division of income and property regardless of Gender between husband and wife and also between Children.

Some Important Court ruling in the regard

• In 1985, Supreme Court ruling in Shah Bano, It observed a common Civil Code would help the cause of national integration by removing disparate loyalties to law. The court even directed in the regard to frame a Uniform Civil Code.
• In Sarla Mudgal (1995) case, the Court ruled a UCC would resolve the treatment of bigamy different community. (It said UCC modelled on Hindu law that drew widespread criticism ).

Fear among Minority especially Muslim

• The Ultra-orthodox Muslim regard Islamic Personal law as revealed or inspired law and thus should be untouched by the modern state. But countries like Turkey, Tunisia have modernised their Islamic law.
• Section of Hindu Community perpetuate the perception that the UCC would be modelled on ancient Indian jurisprudence uninfluenced by Islamic or other legal sanctions. Though no personal laws, can be a perfect model for UCC.

Legal ground against UCC

• Some legal luminaries believe that Muslim Personal law is not “law” as per definition of “law” in article 13 of the Indian Constitution. So, it can’t be challenged on the ground that it violates the right of equality.
• Article 29 and 30 guarantee minorities the right to conserve their culture and script and run their own educational institutions. It was understood that minorities would practice their religion and follow their customs and traditions.

Some good religious practices in Muslim Personal law

• Since Muslim marriages as contract protect women better in case of divorce than Hindu marriage as Sacrament.
• Mehr , in Muslim Personal law, paid by the husband’s family to the wife upon marriage, is the exclusive property of the wife and it is hers upon divorce, offering her a protection. Hindu women donor have such provisions.
• Polygamy is legally banned in Hindu law, subsequent wives have no legal standing and no protection under the law, while polygamy is quite prevalent in Hindu too. In such case, women are left vulnerable to suffering and destitution. Under Shari’a law, on the contrary, subsequent wives have rights and husbands have obligation towards them.

Some Court Judgement outlawing precarious provisions of Muslim Personal law

• Domestic Violence Act, 2005 – Protection of women from domestic violence under the act is available to all Indian citizens regardless of religious identity. Hence, any violence against women legalised under religion is outrightly illegal.
• Muslim Women (Protection of right on Divorce) Act, 1986, – It allows Muslim Women to deal with Polygamy and triple talaq and to obtain maintenance, Child custody and right to matrimonial home for countless Muslim Women.
• In Shamim Ara Vs State of UP (2002) ruled that the arbitrary triple talaq is invalid.

Conclusion

Since any issue pertaining to minority and religion are close to human sentiments. Hence, it can easily be provoked, fuelling civil unrest and mass disturbances. Thus, such decisions should be taken with utmost care. All major section of society should be concerned and a broad consensus needed to be reached before legally accepting UCC.

Administrative Reform in India

India is a democratic country where power confers with the people. This power is executed through its designate representative, both elected and selected. The civil services by quality of its knowledge, experience and understanding of public affairs support the chosen representatives to device effectual policy and have great responsibility to implement these policies for the welfare of society and Enhancement of nation.

However, of late there is huge hue and cry regarding working of bureaucrats. It has drawn criticism from both national and international forum which raises serious questions about its working.

On September 1, Carnegie Endowment for International Peace wrote, “India’s economy has grown rapidly in recent years, but the country’s bureaucratic quality is widely perceived to be either stagnant or in decline”.

A/q World Bank report that captures the quality of a country’s Civil Services. India’s performance is middling. Data from 2014 place India in 45th position, nearly 10 percentage point decline from the country’s position in 1996, when these data were first collected.

Issues pertaining to bureaucratic failures

1. There is a colonial legacy of unchallenged authority and propensity to exercise power arbitrarily – leading to corrupt practices.
2. As the economy is freed from state controls post 1991, extortionary corruption declines and collusive corruption (b/w politicians and bureaucrats) tends to increase.
3. Since Bureaucrats come with a seniority based promotion and a defined retirement age , hence they are least bothered about their performance reviews. Even the Annual Confidential Reports (ACRs) are often managed.
4. Most of the bureaucrats approach is to control and govern and not work as a team for development.
5. The majority of bureaucrats work for themselves and then, there are egos, differences, grudges and dislike for fellow bureaucrats. So, there is never a team approach in whatever they do and this drags the performance of the government.
6. Our bureaucracy is more procedure driven than outcome driven.

Structural underpinnings affecting Civil Servant Performance

In any country, the economy and society are usually ahead of the government, which causes a governance gap to emerge. In India, this gap is wide and growing. The only way to narrow it is by increasing the quality and, yes, the quantity of public officials.

1. Except few department , we neither appoint nor promote civil servants based on their performance.
2. A/q Seventh Pay Commission, federal government of US has 668 employees per 1,00,000 population while Indian union government employs 139 in comparison. Such work loads have potential to hamper the performance.
3. India has one of the lowest ratios of government employees to population in the world. In a World Bank study in the late 1990s, found that less than 1.5 per cent of India’s population was employed in government, which was behind countries such as Malaysia and Sri Lanka (4.5 per cent) and China (around 3 per cent). In fact, government employment ratios in the rich and better governed West are much higher: around 15 per cent in Scandinavian countries and 6-8 per cent in the U.S. and western Europe.
4. The shortage of officials is something that runs through the union, state and local government. In the union government alone, Seventh Pay Commission reports, there is overall vacancy of around 18 percent. Rising number of vacancy put constrains on officials to deliver adequate baseline governance.
5. So if we are concerned about improving governance, we should be really concerned about how to add strength to machinery of government. When you have only around 130 police personnel and 1.2 judges per 1,00,000 population.

 

Some reforms as suggested :-

1. To strengthen accountability “Carnegie Endowment for International Peace” recommend a system of two intensive reviews at the 14 and 20 year service marks to determine continuance in public service.
2. It also suggests a new Civil Service Reform Bill to fix the minimum tenure for senior posts and establish safeguards against arbitrary dismissal.
3. Current appraisal system Annual Confidential Reports (ACRs) only take into account an individual’s performance not his department/ministry and overall performance of Government.
4. So , first change required is ACR to CPR (Comprehensive Performance Review) which include Individual Performance Review (50% weightage), Department Performance Review (25% weightage) and Government Performance Review (25% weightage). This would help to develop the culture of team work and Collective responsibility.
5. Increments, Promotions should be based on CPR. This implementation should be a phased manner, starting with the secretaries, then joint secretaries and then the director level.
6. Performance Based Contractual Services It would dispel job security mindset and would urge them to push boundary and prove their worth.
7. Post of Private Secretary should be given to a special – Secretary rank officer. As a junior IAS officer plays safe while dealing with his seniors. Hence it impacts the performance of the ministry.
8. Lateral Entry It would add professionalism and would draw a more robust talent pool in the Government.

Conclusion :-

Bureaucracy is an important institution endowed with responsibility of service delivery to people of country. It is an indispensable tool for maintaining faith of citizen of the Country in the Constitution and its welfarist ethos. However, any crack in the system can boomerang the entire notion of the ‘nation’.

As our esteemed PM pointed out “We can’t march through the 21st century with the administrative system of 19th century”. The transition is critical and we have no time to loose, and there should be a time bound plan to implement it.