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Foundation values for civil services - Part 2
6.0 Nolan's Seven Principles of Public Life
(Strategy for Underpinning Ethical Framework)
The Committee on Standards in Public Life is an independent committee in England which makes recommendations to the Prime Minister. It was set up in October 1994 under the chairmanship of Lord Nolan to examine concerns about standards of conduct in public office, and its remit was extended in November 1997 to cover the funding of political parties. The Committee is an Advisory Non-Departmental Public Body sponsored by the Cabinet Office. Nolan’s recommendations have universal applicability and have been abosorb into the code of conduct for civil servants in many countries
The Seven Principles of Public Life as per Nolan are:
- Selflessness: Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.
- Integrity: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
- Objectivity: In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
- Accountability: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
- Openness: Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
- Honesty: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
- Leadership: Holders of public office should promote and support these principles by leadership and example.
6.1 Code of Ethics for Civil Servants
The Committee on Prevention of Corruption ("Santhanam Committee"-1964) had remarked:
"For a country like India, Develop-merit of her material resources and raising the standards of life of all classes are, indeed imperative. At the same time,the deterioration in the standards of public life has to be arrested. Ways and means have to be found to ensure that idealism and patriotism have the proper place in the ambition of our youth. The lack of moral earnestness, which has been a conspicuous feature of recent years, is perhaps the greatest single factor which hampers the growth of strong traditions of integrity and efficiency."
The inculcation of values facilitating the subordination of the self to a larger, societal good, and engendering a spirit of empathy for those in need of ameliorative state interventions are not skills which could be easily imbibed after joining the civil services. Such attitudes need nurturing over not merely individual life-times, through successive generations- the 'right' ethos takes long to evolve. Nevertheless, it must be accepted that our civil service system has a tradition of attitudes and achievements which sets examples to be emulated by current and prospective civil servants. It must also be accepted that the existing framework for maintaining and promoting the norms of 'right conduct' cannot be enforced through a rigid mindless enforcement of laws and-rules. It is all a question of striking the right balance. Within the civil services there are formal, enforceable codes setting out norms of expected behaviour with 'sanctions' prescribed for unacceptable departures from such norms. There are also inchoate conventions of propriety and acceptable behaviour withoutformal sanctions but with non-observance of such practices and conventions attracting social disapproval and stigma.
The current set of 'enforceable norms' are 'Conduct Rules', typified by the Central Civil Services (Conduct) Rules-1964 and analogous rules applicable to members of the All India Services or employees of various State Governments. The norms prescribed in,such rules are much older than the Rules themselves. Thus specific acts were proscribed from time to time through notifications under the Fundamental Rules and the Civil Service Regulations. Some examples are the disapproval of habitual lending and indiscriminate borrowing (1869), and the banning of various actions- accepting gifts (1876), buying and selling property (1881), making commercial investments (1885), promoting companies (1885) and accepting commercial employment after retirement (1920). The breach of such prohibitions entailed punitive actions like removal from service. There were, of course, provisions like 'illegal gratifications' or bribery- Sections 161 to J65 of the 1PC - or 'criminal breach of trust by a public servant' - Section 409 IPC - which provide for terms of imprisonment. In 1947, with the enactment of the Prevention of Corruption Act, a new set of offenses was also created.
In the 1930s, a compendium of instructions containing 'do's and don'ts1 was issued and collectively called 'Conduct Rules'. The compendium was converted in the form of distinct rufes in 1955. The Santhanam Committee recommended considerable enlargement of such rules resulting in the 1964 version. These rules have subsequently been updated to include additional norms of behaviors. Some of the additions are: the requirement of observing courtesy, prohibiting demanding and accepting dowry, prohibiting sexual harassment of women employees, and recently, prohibition to employ children below 14 years of age as domestic help. This is understandably a continuing process, and reflects the changing, often increasing expectations of society, from the civil services.
The code of behaviour as enunciated in the Conduct Rules, while containing some general norms like 'maintaining integrity and absolute devotion to duty' and not indulging in 'conduct unbecoming of a government servant', is generally directed towards cataloging specific activities deemed undesirable for government servants. There is no Code of Ethics prescribed for civil servants in India although such codes exist in other countries. What we have in India are several Conduct Rules, which prohibit a set of common activities.
7.0 The Public Services Bill 2006
In 1999, the Government of Australia enacted the Australian Public Service Act, which prescribes a set of Public Service Values. These are not merely aspirational statements of intent, but all ernptoyees are expected to uphold these values and comply with the Code, even as senior executives are expected to' promote these values! Interestingly, the Public Service Commissioner is authorized to evaluate the extent to which agencies incorporate and uphold the values, and the adequacy of the systems and procedures required to ensure compliance with the Code. He has both statutory powers and policy responsibilities. These include an annual report to Parliament on the state of the service, including an evaluation of the extent to which various agencies of Government have incorporated the values.
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 be 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 want to carry out an order of a superior or not, if such an order is against the Code.
In such a 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 whistleblowers in the system, who report suspected improper governance and actions in their workplace.
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