While the being a civil servant comes with many perks and benefits, it also brings with it its own limitations and various rules surrounding an officer's conduct.
Since 2018, over 10 lakh candidates have applied each year to sit in the Civil Service Aptitude Test (C-SAT). This year, 11.52 lakh candidates applied, and after three rounds of examinations, 933 were finally selected.
While the craze to enter the civil services was slightly tempered post-liberalisation, over the past decade it is well and truly back. Candidates often spend years and lakhs of rupees in coaching, attempting to crack the extremely competitive exam. Of late, several successful candidates have even appeared for the exams after a few years in the private sector.
Today, CSE results attract serious media scrutiny, with toppers even making national news. However, getting selected is just the beginning of one’s life in service – a life which will have several limitations as per law.
We list here some basic rules a civil servant needs to follow, and the limitations they are placed under.
First, some details about the civil services.
Successful applicants can join a number of services depending on their rank and personal preferences.
There are three All India Services – the Indian Administrative Service, the Indian Police Service and the Indian Forest Service – which are selected by the central government with officers allotted to various state cadres. The Centre then gets a certain percentage of officers from each state on central deputation. These bureaucrats work directly for the Centre. All India Services are governed by Article 312 of the Constitution of India.
Other services are called Central Civil Services. These services are under the central government itself with no state cadre system. They include services such as the Indian Foreign Service, the Indian Revenue Service, Customs and Central Excise Service and several others.
Two sets of largely overlapping rules.
There are two sets of rules for civil servants – one for All India Services and the other for Central Civil Services. Specially designed Conduct Rules govern an officer’s behaviour and conduct.
The AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964 are mostly similar. These were framed based on recommendations from a committee constituted by then Minister of Home Affairs Lal Bahadur Shashtri in 1962. This Committee on Prevention of Corruption was headed by K Santhanam, Member of Rajya Sabha (who also happenned to be a former editor of The Indian Express).
Some rules are vague, some more specific.
The Conduct Rules cover a wide range of issues, from the ambiguous idea of personal integrity to more specific actions.
For instance, Rule 3(1) states that “Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.” This rule is purposefully vague and can be applied to individuals in cases of any kind of wrongdoing, even if the allegations are not covered under any more specific rules. For example, while promotion of casteism is not covered under any specific Conduct Rules, casteist behaviour can be interpreted as “unbecoming of a member of the Service” under Rule 3(1).
On the other hand, Rule 4(1) of the AIS Conduct Rules is more specific. It states, “No member of the Service shall use his position or influence directly or indirectly to secure employment for any member of his family with any private undertaking or Non- Government Organisation.”
Members not allowed to be part of, assist political parties.
Rule 5(1) states, “No member of the Service shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity.”
5(4) states, “No member of the Service shall canvas or otherwise interfere with, or use his influence in connection with, or take part in, an election to any legislature or local authority.”
While members can hold personal political beliefs, these rules restrict the degree to which they can act on them.
Similar restrictions also there on expressing personal opinion.
Rule 7 of AIS Rules states, “No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his own name or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion,— Which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government; or which is capable of embarrassing the relations between the Central Government and any State Government; or which is capable of embarrassing the relations between the Central Government and the Government of any Foreign State.”
However, civil servants are allowed to express their opinion on official files and other official documents and can even talk to the media during field postings. What they can tell the media, though, is restricted to their job or some specific event/issue. Personal beliefs on wider issues are not to be aired.
Taking dowry is banned but seemingly common.
Dowry is an evil which afflicts all of society. Civil servants are no exception.
Often, once selected to the services, officers receive numerous marriage offers. Influential families, including big political ones, covet civil servants as husbands for their daughters and are willing to pay a big price to win their hand in marriage. A civil servant’s job security, status and perks received plays a major role in inflating dowry demands. Officials from the Department of Personnel and Training (DoPT) even receive queries to provide contact details of candidates selected.
At the same time, civil servants and their families too are willing to receive a big dowry.
But as far as rules are concerned, both giving and receiving dowry is strictly prohibited. Rule 11 (1-A) of the AIS Rules on “Giving or taking of dowry” states, “No member of the Service shall— (i) give or take or abet the giving or taking of dowry; or (ii) demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.”
In fact, any “big” gift a civil servant receives needs to be reported.
Rule 11(1) states, “A member of the service may accept gifts from his near relatives or from his personal friends having no official dealings with them, on occasions such as wedding, anniversaries, funerals and religious functions when the making of gifts is in conformity with the prevailing religious and social practice, but he shall make a report to the Government if the value of such gift exceeds Rs.25,000.”
The threshold of Rs 25,000 was last fixed in 2015.
Rules amended and added from time to time.
While Conduct Rules penned in the 1960s are still being followed, these are never static, with updates made from time to time.
For instance, with regard to Rule 5(1), the government, from time to time, determines whether a particular organisation is political or not. Interestingly, such clarifications have been repeatedly made about the Rashtriya Swayamsevak Sangh (RSS) with rules stating that its activities are political in nature. Notably, while the RSS itself claims to be non-political, even BJP governments at the Centre have not changed its categorisation.
The Narendra Modi government added a few sub-rules in August 2014. For instance, the following was added to the Conduct Rules: “Every member of the Service shall maintain:- high ethical standards, integrity and honesty; political neutrality; accountability and transparency; responsiveness to the public, particularly to the weaker section; courtesy and good behavior with the public” among other things.
The Modi government also added that “Every member of the Service shall maintain integrity in public service; take decisions solely in public interest and use or cause to use public resources efficiently, effectively and economically; declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest; not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties; not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends; act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society; perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities”.
Similarly, when allegations were made that only orally orders were being issued to subordinate officials, in 1979, the Janata Party government added that, “The direction of the official superior shall ordinarily be in writing. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter.”
In 1998, the United Front government added that “No member of the Service shall employ to work any child below the age of 14 years.”
Officers are covered under the rules as soon they join training.
As soon as candidates are allotted a particular service and join training which is part of their probation period, they become members of that service and are thus covered by these rules. There are also certain rules which continue to apply post retirement as well.
Provisions for heavy penalties there, but difficult to police.
Transgressions can attract two kinds of penalties — major and minor. Major penalties can include “dismissal” from the service as well.
Besides these conduct rules, there is also the Prevention of Corruption Act (POCA). However, action on corruption in India is based less on intelligence and more on complaints. While anonymous complaints are not entertained, complaints with name and details of complainants too hardly ever reach the proper forum. Fora where such complaints can be made include the Central Vigilance Commission, Lokpal and other investigation agencies.
Written by Shyamlal Yadav
Source: Indian Express, 26/05/23
