Administration is the core government machinery responsible for implementing laws and regulations, encompassing vital functions such as revenue collection and public service delivery. Civil servants play a crucial role in translating government policies into actionable initiatives that align with the objectives set by political leaders.
The Role and Structure of Civil Services in India
What is Civil Services?
- Civil Services as the Permanent Executive: Civil services comprise the group of government employees who make up the Permanent Executive branch of the nation.
- Components of Civil Services: This includes individuals serving in the All India Services, Central Civil Services, and various State Civil Services.
- Recruitment Agencies: They are recruited through agencies like the Union Public Service Commission (UPSC), the Staff Selection Commission (SSC), and each State’s respective Public Service Commission.
Civil Services as the Permanent Executive
Civil services are often referred to as the “Permanent Executive branch of the country” because of several key characteristics:
- Continuity and Stability: Civil servants have a stable and continuous presence in government. Unlike political leaders who may change with elections, civil servants provide stability and institutional memory, ensuring the ongoing functioning of government machinery.
- Bridge Between Political Executive and Departments: They are a crucial link between the political executive and government departments, ensuring effective communication and coordination.
- Not Directly Accountable to the Public: They operate as the most influential executives, serving as secretaries to Governors and Ministers, and are not directly answerable to the public.
- Higher Authority in Policy Formulation: They hold more significant authority in shaping policies, which are subsequently put into action by political executives.
Role and Need
- Effective Administration: Civil services are essential for the efficient and effective administration of government policies and programs.
- Example: An example of effective administration can be seen in the response to the COVID-19 pandemic.
- Neutrality and Expertise: Civil servants are expected to be politically neutral and possess expertise in various fields, ensuring the continuity and professionalism of government services.
- For instance, elections conducted by the Election Commission of India (ECI) are based on non-partisanship and utmost professionalism.
- Public Service Delivery: They deliver essential public services, such as law and order maintenance, healthcare, education, taxation, and more.
- Example: The Issuance of documents like passports, Pan cards.
- Upholding Democratic Values: Civil servants uphold democratic values and the rule of law, maintaining the integrity of government institutions.
- For instance, during natural disasters or other crises, civil servants play a crucial role in upholding democratic values by efficiently and equitably distributing aid and resources to affected communities. They ensure that relief efforts are non-discriminatory and responsive to the needs of all citizens.
Difference between Political Executive and Permanent executive
Aspect | Political Executive | Permanent Executive |
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Classification of Civil Services in India
The Civil Services in India has been classified into three Categories.
All India Services
- Evolution of All India Services:
- Transition from ICS to IAS and IP to IPS: The Indian Civil Service (ICS) was substituted by the Indian Administrative Services, and the Indian Police (IP) was replaced by the Indian Police Service in 1947.
- The Constitution officially acknowledged them as All India Services.
- Role of Sardar Vallabhbhai Patel: Sardar Vallabhbhai Patel played a pivotal role in advocating for All India Services within the Constituent Assembly, earning him the title “Father of All India Services.”
- Amendment of the All India Services Act in 1963: The All India Services Act was amended in 1963 to provide for the Constitutionof three new All India Services (apart from the IAS and IPS), namely the Indian Service of Engineers, the Indian Forest Service and the Indian Medical Health Service.
- Creation of the Indian Forest Service in 1966: In 1966, the Indian Forest Service was created as the third All India Service.
- Transition from ICS to IAS and IP to IPS: The Indian Civil Service (ICS) was substituted by the Indian Administrative Services, and the Indian Police (IP) was replaced by the Indian Police Service in 1947.
- Primary Factors For Establishing All India Services Are:
- Top Administrative Personnel: Furnishing high-ranking administrative officials and necessary services to both Union and State Governments.
- Facilitating Union-State Connectivity: Creating a vital bridge between the central Union government and the individual State governments.
- Standardization of Administration: Promoting consistency and uniformity in the quality and standards of administrative practices.
- Political Neutrality: Ensuring that administrative services remain free from any political influence or bias.
- Empowerment through the All India Services Act of 1951
- Creation of Recruitment and Service Regulations: The All India Services Act of 1951 empowered the Central government to create recruitment and service regulations for All India Services members in consultation with State governments.
- State Cadres and Central Government Training: These members, recruited and trained by the Central government, work in various states.
- They belong to state cadres, as the Central government doesn’t have its cadre.
- Deputation and Tenure: They serve the Central government on deputation, returning to their home states after completing their designated tenure.
Central Civil Services
- Pre-Independence Classification of Central Services: Before Independence, Central services were categorized as class-I, class-II, subordinate, and inferior services.
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- Post-Independence Reclassification: After Independence, the terms subordinate and inferior services were replaced with class-III and class-IV services.
- Shift to Group Classification in 1974: In 1974, this classification shifted to Group A, Group B, Group C, and Group D for Central services.
- Post-Independence Reclassification: After Independence, the terms subordinate and inferior services were replaced with class-III and class-IV services.
- Control and Examples of Central Services
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- Direct Control by Union Government: The Central services are under the direct and the exclusive control of the Union Government.
- Examples of Central Services: Indian Foreign Service, Indian Postal Service, Indian Revenue Service, Indian Audit and Accounts Service, Indian Economic Service, Indian Defense Accounts Service, Indian Statistical Service, etc., are some of these services.
State Administrative Services
- Scope of State Services
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- Administration of State Subjects: The State Services include those services and posts that are concerned with the administration of State subjects such as agriculture, education, health, police, planning, etc.
- Primary Services within the States: These services are primarily meant for services in the states, including Police Services, Education Service, Agriculture Services, Public Health Services, Veterinary Services, and Co-operative Services, etc.
- Sole Authority of State Government: State services personnel operate under the sole authority of the State Government.
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- Promotion to Senior Positions
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- Mandate by the All India Services Act of 1951: The All India Services Act of 1951 mandates that up to one-third of senior positions in the IAS, IPS, and IFoS can be filled through promotions from state services.
- Promotion Process: These promotions are based on recommendations from a selection committee in each state, chaired by the Chairman or a member of the UPSC
Constitutional Provisions
- Recruitment and Service Conditions: Article 309 grants authority to the Parliament and state legislatures to regulate the recruitment and service conditions of public servants under the Center and states.
- Until specific laws are established, the President or Governor can create rules for these matters.
- Recruitment methods include appointment, selection, deputation, promotion, and appointment by transfer. Service conditions encompass pay, allowances, increments, leave, promotion, termination, transfer, deputation, disciplinary actions, holidays, working hours, and retirement benefits.
- Tenure of Office: Article 310 establishes that members of the defense services, civil services of the Center, and All India Services serve during the pleasure of the President.
- This holds true for members of state civil services and persons holding state civil posts under the Governor.
- However, in specific cases, compensation may be provided if the post is abolished before the contractual period’s end or for reasons unrelated to misconduct.
- Safeguards to Civil Servants: Article 311 places two restrictions on the pleasure doctrine:
- (a) Civil servants cannot be dismissed or removed by an authority subordinate to that which he was appointed.
- (b) Dismissal, removal, or reduction in rank requires an inquiry and an opportunity for the civil servant to respond to charges, except when it is not reasonably practicable to hold such inquiry or it is not prudent for the security of the State to hold such an inquiry.
- This applies to members of the All India Services, Central civil services and State civil services.
- Other Provisions: Article 312A (added by the 28th Constitutional Amendment Act) empowers Parliament to modify or revoke the conditions of pre-1950 Crown-appointed civil service personnel.
- Article 313 handles transitional provisions, while Article 314, which protected certain officers, was repealed in 1972.
Various Civil Services Reforms
- Lateral Entry Reform: Lateral entry involves the selection of domain experts from the private sector for governance and administrative roles, from outside the ambit of civil services.
- e-Samiksha: Real-Time Monitoring System: e-Samiksha is an online, real-time monitoring system designed to track and follow up on government decisions related to the implementation of crucial government programs and projects at the highest levels.
- Citizen Charters: The Government mandates the creation of Citizen Charters for all Ministries and Departments, and these charters are regularly updated and reviewed.
- Centralized Public Grievance Redress and Monitoring System (CPGRAMS): It allows citizens to track the status of their grievances, while also enabling government authorities to monitor and address these issues.
- Mission Karmayogi:
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- National Programme for Civil Services Capacity Building: Mission Karmayogi is a national initiative focused on enhancing the capacity building of civil servants.
- Comprehensive Reform: It targets the transformation of capacity building at individual, institutional, and procedural levels to improve the efficiency of public service delivery.
Recent changes in the All India Services(AIS) Rules
- Authority for Central Government to Act Against Civil Servants and Withdraw Pensions:
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- The central government has granted itself the authority to take action against officers from the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS). This includes the power to withhold or withdraw their pensions in cases of severe misconduct or serious criminal convictions. The revised rules stress that the Central Government’s decisions on pension withholding or withdrawal are deemed final.
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- Shift in Pension-Withholding Authority:
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- Previously, Rule 3(3) within the All India Services (Death-cum-Retirement Benefits) Rules, 1958, allowed the Central Government to withhold or withdraw pensions based on references from the respective State Governments.
- The recent amendments grant the Central Government more direct authority in such matters.
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- Definition of “Grave Misconduct” and “Serious Crime”:
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- The amended rules specify that “grave misconduct” pertains to actions like the unauthorized communication or disclosure of documents or information covered by the Official Secrets Act.
- A “serious crime” encompasses any offense falling under the purview of the Official Secrets Act.
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- Restrictions on Members of Security and Intelligence Organizations:
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- Members of intelligence or security-related organizations are subject to restrictions.
- They are prohibited from writing or publishing materials without obtaining prior clearance from the head of their respective organization.
- This regulation aims to safeguard sensitive information and maintain security.
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Conclusion
Civil services, encompassing various branches like All India Services, Central Civil Services, and State Civil Services, ensure effective administration, uphold democratic values, and provide stability to the government’s functioning.
- Recent reforms aim to enhance the efficiency, neutrality, and accountability of civil services in India.