In a landmark judgment Supreme Court Bench has reflected on the phenomenon of political bosses interfering or influencing the bureaucracy to do or not to do things according to its choosing. There was a time when the adjunct “straight -jacketed bureaucracy” was in vogue for the institution. It meant an organization that meticulously stuck to the constitution and the practice long established. But the independence of bureaucracy has been tampered with and it has been made subservient to the dictates of political executives. This has adversely affected independent functioning of the bureaucracy. It has deprived the nation of valuable administrative input which the bureaucracy is expected to make in making administration more efficient and more responsive.
The Supreme Court Bench has put its finger on the right malaise afflicting our polity. The Bench was considering a PIL case filed by more than a dozen of high ranking retired bureaucrats who have served the country in sensitive and prestigious positions during their tenure. They had filed the case pleading that bureaucracy should be freed from the clutches of political bosses. In fact, the PIL was moved in the wake of two glaring examples of interference by politicians in two States of UP and Haryana where IAS officers were displaced or removed at the sweet will of the political executives. Feeling that this trend could spread to other states also, the petitioners did the right thing of approaching the Apex Court to insulate entire bureaucracy against the vagaries and whims of political leaders. The Court conceded that political leaders had only their limited political interests in view but not national interests. They had developed the habit of passing verbal orders to the bureaucrats for execution unmindful of its legalities and unconcerned about the imperative of universal justice which the administration is supposed to uphold.
In its judgment the Supreme Court Bench has ordered that the tenure of a bureaucrat should be fixed and he or she will not be shifted or transferred before the completion of the tenure at his/her post. The judgment also stipulates that bureaucrats will not accept oral orders and will not execute these. All instructions have to be in writing so that the concerned bureaucrat is absolved of the responsibility of initiating an administrative measure if it does not work well. In other words, the onus has to be on the Minister and not the bureaucrat because the latter is only an instrument used for running the executive Having examined all aspects of the PIL, the Court has also issued instructions to the Government to constitute a Civil Services Board, with the terms of reference of recommending promotions and transfers of senior bureaucrats. This will take away the authority of the political establishment of shifting the senior bureaucrats at their sweet will if they are not comfortable with a particular bureaucrat. We highly appreciate the orders of the Supreme Court as we feel that this will liberate the bureaucracy from unwanted interference and even intimidation from the political chapter. Definitely there has been deterioration in the probity and accountability of administration at the top owing to political interference and this was sufficiently reflected in people beginning to lose trust in the straight-jacketed institution. The interference had grown beyond proportions and in many cases the consultative role of the UPSC and the PSC was ignored if it did not suit the political bosses.
The Supreme Court has also touched upon one very cogent point in the course of hearing this case. It says that the elected representatives of the people are answerable to the people and the bureaucracy being the part of Indian citizenry has to be answerable to the elected representatives. But moving further, the judgment says that besides being answerable to the political bosses, the bureaucracy is also answerable to the Constitution and the people. Therefore while respecting the wishes and instructions of political bosses, it has to ensure that the Constitutional provisions are not violated.
This judgment of the Supreme Court is a great service to the nation because it is a big leap towards enforcing good governance at the Centre and in the States and Union Territories. It leaves bureaucracy free of political interference and the fear of premature transfer or vindictive action. This being so, we would also like to express a word of caution to the bureaucracy as well. It has to come out of the colonial mindset and identify itself with the Indian nation and its problems. The judgment enjoins upon them more accountability and executive responsibility. The bureaucracy has to come up to the expectations of the Supreme Court and the Indian nation.
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