Notes on the Civil services code of conduct in India

A strict, enforceable code of conduct that measures efficiency in tangible terms, rewards and punishments, a transparent system of transfers, the power to stand up and say no to a superior if his order violates the code, insulating the officer from political interference and protecting whistleblowers-

These are among the sweeping reforms suggested in what could be the first attempt to ensure, legally at least, a merit- based and an apolitical bureaucracy.

The Department of Personnel and Training had drawn up a draft Public Services Bill, 2006, and sent it to the Administrative Reforms Commission for its suggestions. The new law, when passed, will be applicable to the IAS, IPS, IFS and all Central services.

This code will specify, in concrete terms, the dos and don’ts for public servants to work “with regard to diversity…without discrimination of caste, community, religion, gender or class.” It will establish a mechanism to monitor performance and efficiency.

“The interface between the political executive and public service will be clearly established (by Code) based on the principles of political neutrality, professional excellence and integrity

The author of the code, the Central Authority, which will play a pivotal role under the Act, will n free of political interference

Chairperson and members of the Authority shall be appointed by the President on recommendations of a Committee comprising of the Prime Minister, a Supreme Court judge and Leader of Opposition in the Lok Sabha.

The Chairperson and members will, however, not be MPs or MLAs or hold any office with political party.

Another major feature of the law is the stress on a merit-based public service. To achieve according to the draft, a Performance Management System will be drawn up for all employees which there will be performance indicators and measurement of the outcome and impact with regard development priorities.

Grades under this will be taken into account in matters of budget allocation to the departments other entitlements.

There is also a provision to address the civil servants’ concern about the stability of service, this, the bill calls on the Central Authority to ensure that “transfers and postings of public servants undertaken in a fair and objective manner and that the tenure of the Public Servant in a appropriately determined and is maintained consistent with the need to maintain continuity and requirements of good governance.”

It even goes to the extent of giving a public servant the freedom to decide whether he or she or not carry out an order of a superior, if such an order is against the Code.

In such case, the Central Authority will give the officer the opportunity to raise the issue at appropriate forum without fear of victimisation.

The draft Bill also calls on the government to put in place a scheme to protect whistleblower pi servants in the system, who report suspected improper governance and actions in their workplace.