The SC strikes in favour of governance

The Supreme Court’s order to the Centre and states on setting up a Civil Services Board (CSB) to regulate service matters, particularly those relating to transfers, postings and disciplinary action, is welcome. Sure, this is another instance of judicial overreach. But it cannot be denied that the SC’s order is in the right spirit. One of the main causes for the general lack of accountability and culture of corruption within the civil services is political interference.

Governance is effectively crippled when politicians are free to shuffle civil servants at will, to shunt out “undesirables” and bring in their own favourites, and even punish bureaucrats not seen to be doing their bidding. Insulating the bureaucracy from such wanton political interference is, therefore, important enough a task to warrant the apex court’s intervention.

The SC has only reiterated what the government itself and its commissions have said, viz, views of the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955 (which was amended in 2010), the Administrative Reforms Commission as well as the Fifth Pay Commission on tenure security and a civil services board. The onus for failing to act on these views rests squarely with the political executive.

Neither is it the case that this order wholly frees the bureaucracy from political supervision. The SC judgment says the CSB’s advice on these matters can be overruled by the political executive, though after recording valid reasons. But there still remains a question mark over implementation of the order. Witness the fact that even seven years after an SC ruling on police reforms, asking for largely similar measures on tenure, appointments and a buffer body between the government and the police, most states have not complied.