Post on 08-Jan-2023
JAMIA MILLIA ISLAMIA
DEPARTMENT OF POLITICAL SCIENCE
SUBJECT –Personnel Administration with special reference to
Indian context.
ASSIGNMENT – Employer- Employee Relationship (with special
reference to Indian Context) and Joint Consultative Mechanism
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SUBMITTED TO
SUBMITTED BY
Dr. Furqan Ahmad
Mohit Bishnoi
Proff.
M.A. (Pub Admin.)
Department of Political Science
Semester II
Jamia Millia Islamia
ACKNOWLEDGMENT
I would like to acknowledge the contribution of my worthy
teacher Dr. Furqan Ahmad for the making of the project on the
topic of Employer- Employee Relationship (with special reference to Indian
Context) and Joint Consultative Mechanism so enlightening by providing
me with immense knowledge and guidance. I’m highly grateful as
my friends provided me with adequate resources needed to make
the project. Sources like internet, newspapers and magazines,
as usual, were a great help. At the end, I’m thankful to God
for showering his blessings.
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CONTENT
1. Abstract
2. Employer Employee Relation – The Basics
3. Employer and Employee Relationship in the Indian
Corporate World
4. Responsibilities in the Employer-Employee
Relationship
5. Joints Consultative Machinery (JCM)
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6. The Salient Features of J.C.M. scheme.
7. Civil Services Reforms
8. Refrences
Abstract
‘But those who do not consume goods and increase then in just ways should be
made permanent in their offices, being devoted to what is agreeable and permanent
to the king.’
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– Arthasastra
Civil Service is essential for the functioning of government.
The civil service has long been regarded as the ‘steel frame’
of administration in India right from colonial days. The
colonial legacy of civil service is still continuing in this
fast changing era of globalization. It is in this context that
civil service forms a quintessential part for good governance.
The early employer-employee relations in the government
service followed the traditional pattern, where the government
employees were expected to owe unquestionable loyalty to the
State. Therefore, the conditions of service of the employees
were determined unilaterally by the government without
consulting the employees.
Modern democratic governments with large-scale administrative
organisations committed to the all-round development of the
society cannot carry out their policies and programmes without
the active cooperation and participation of the employees.
Therefore, harmonious staff relations are absolutely necessary
for administrative efficiency and it is not possible for the
governments to maintain cordial relations without an effective
form of consultation and negotiation.
Now, JOINT CONSULTATIVE MECHANISM, the Scheme was designed
"with the object of promoting harmonious relations and
securing the greatest measure of cooperation between the
government and its employees in matters of common concern, and
with the further object of increasing the efficiency of the
public service combined with the well-being of those employed"
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The Scheme is a voluntary one. The government and the
employees’ unions and associations who participate in the
scheme are required to subscribe to a Declaration of Joint
Intent. Accordingly, both the sides (the government and the
staff associations and unions) agreed to full and frank
discussions on all matters in the Joint Councils to reach
agreements.
Despite the limitations of the scope and jurisdiction of the
joint consultation and arbitration, the Government and Civil
Service Unions realised the utility of the scheme over a
period time. If the scope of the joint consultation is widened
and full opportunities are provided for the staff to
participate in administration it is easy to secure the
cooperation of the staff and responsibility in personnel
administration. Further, the official side has to change much
of its bureaucratic attitude to the problems of the employees
and towards the spirit of joint consultation and negotiation.
In the decades since independence, Indian scholars and
officials have produced an extensive and lively debate about
ways in which civil service productivity can be increased and
staff accountability and responsiveness enhanced. The thrust
is as much about enhancing merit-based systems to raise the
productivity and motivation of existing employees as on
streamlining and rationalizing the structure of the civil
service.
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Employer Employee Relation – The Basics
The history of the civil service staff relations is
characterised by the recognition of the fact that employees at
work like to be treated as human beings. The recognition of
the human dignity was one of the cardinal factors that lead to
the resolutions of the grievances of the employees in a
peaceful manner, in democratic method and at regular periods.
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The early employer-employee relations in the government
service followed the traditional pattern, where the government
employees were expected to owe unquestionable loyalty to the
State. Therefore, the conditions of service of the employees
were determined unilaterally by the government without
consulting the employees.
The labour in the private sector secured benefits in matters
of wages and working conditions as a result of effective
labour organisation. This led to the conviction among
government employees' organisations that through joint and
united efforts and concerted action only they could ensure
improvement in their service conditions. Accordingly, the
government employees brought pressure on the government to
negotiate in good faith with its employees. They demanded the
State ‘to be a model employer’ for promoting sound employer-
employee relations.
Modern democratic governments with large-scale administrative
organisations committed to the all-round development of the
society cannot carry out their policies and programmes without
the active cooperation and participation of the employees.
Therefore, harmonious staff relations are absolutely necessary
for administrative efficiency and it is not possible for the
governments to maintain cordial relations without an effective
form of consultation and negotiation.
As such, establishment of a grievance redressal and disputes
solving machinery was considered the "essential half-way
house" between the unilateral impositions of conditions of
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service in the public employment by the state as employer on
the one hand, and deadlocks and strikes on the other. It was
felt that all matters relating to pay, hours of work and
conditions of service may be negotiated by the representatives
of the employees and the employer.
The discussions in joint consultative bodies generally relate
to the exchange of information and consideration of the
suggestions for improving safety, security, health and welfare
and increase of productive efficiency. The results of such
mutual discussions usually take the shape of recommendations
framing the final decision to the government. The emphasis in
joint consultation is mainly on informal method and
cooperation based on common interests and good faith to
improve the working conditions of employees and to increase
the efficiency of administration. The simple aim of such
relationship is to facilitate and promote peaceful resolution
of conflicting interests.
It was the introduction of ‘Whitleyism’ in 1919 in the British
Civil Service Staff relations hailed by several countries as
the novel method in the area of human relations. The Whitley
system which involves formal as well as informal consultations
and negotiations leading to agreement or arbitration has been
an example followed in a large number of countries of the
British Commonwealth with certain modifications.
The subject of civil service staff relations has gained
considerable importance in the field of Public Personnel
Administration in India. The Government of India introduced
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the scheme of joint consultation and compulsory arbitration in
1966 on the pattern of Whitley Councils in England.
Employer and Employee Relationship in Indian
Corporate World
What Is an Employer-Employee Relationship?1
When an employer hires a new employee, he is not just bringing
a new member of the workforce aboard; he is also starting a
new relationship. Because employers and employees often work
in close quarters, they necessarily develop relationships.
Managing these relationships is vital to business success, as
1 by Erin Schreiner, Demand Media
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strong relationships can lead to greater employee happiness
and even increased productivity. To reap these benefits, keep
the dynamics of your employer-employee relationship in mind.
Relationship Basics
Generally, employer and employee relationships should be
mutually respectful. The degree of closeness in these
relationships will depend on both the employer and the
employee. Some employers opt to keep their employees at a
distance and, in doing so, ensure that there is no confusion
as to the hierarchy that exists between them. Others elect to
become friendlier with their employees, seeing this as a way
to ramp up employee happiness. While neither option is
entirely right or wrong, it is wise to avoid getting too close
to employees, as doing so can cause the line between employer
and employee to become blurred.
Mutual Reliance
The employer-employee relationship should be one of mutual
reliance. The employer is relying upon the employee to perform
her job and, in doing so, keep the business running smoothly.
Conversely, the employee is relying upon the employer to pay
her and enable her to support herself, and potentially her
family, financially.
Relationship Building
Just as with all relationships, the employer and employee
relationship is one that must develop over time. Employers can
promote the building of relationships by speaking candidly
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with their employees about their lives, asking them about
their families and learning about their interests. Similarly,
employees can promote the building of this relationship by
being open with their employer and sharing information about
themselves and their lives.
Boundaries
Though the type of employee and employer relationship that is
considered appropriate varies from company to company,
boundaries exist at almost all companies. Generally, it is
unwise for employers to develop romantic relationships with
their employees. Similarly, employers should exercise care to
ensure that the relationship they develop with one employee
isn't notably closer than the relationships they develop with
others, as this can lead to concerns regarding favouritism or
similar issues of unfairness within the workplace.
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Responsibilities in the Employer-Employee
Relationship 2
The employer-employee relationship should not be looked at
simply in economic terms. It is a significant human
relationship of mutual dependency that has great impact on the
people involved and both the employer and the employee have
moral obligations arising from this relationship.
Duty of Employers
A person’s job, like a person’s business, is a highly valued
possession that pervasively affects the lives of the employee
and his or her family. With stakeholders everywhere, the
relationship is laden with moral responsibilities.
2 by Michael Josephson OF JOSEPHSON INSTITUTE on DECEMBER 15, 2010
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In addition to the employer’s more obvious obligation to
advance and protect the reputation and financial well-being of
the company, the employer has a moral obligation to make
business decisions in a manner that demonstrates concern for
and seeks to advance the welfare of employees.
This includes but goes beyond a duty to treat employees
respectfully, to pay them fairly and provide good working
conditions. An ethical employer does not think of employees
only as a means to an end. Employees must be treated as a
major stakeholder group. Ethical employers consciously and
consistently treat the promotion and protection of the well-
being of employees as an important business obligation and
objective.
Companies should be loyal to workers as well as shareholders.
Layoffs, plant closings, and other dramatic events of this
nature should be handled with caring and sensitivity and as
acts of great moral significance. The use of euphemisms such
as “down-sizing” or “right-sizing” may make managers feel
better about the decision to terminate jobs, but it does not
change anything from a moral perspective. There are, of
course, situations where such actions are justified but they
must be implemented in a way that demonstrates genuine concern
for employees who will lose their jobs.
Employees should always be treated with respect and it is the
company’s obligation to see that individual managers do not
abuse their power or mistreat their subordinates. Kill-the-
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messenger behaviour at any management level is improper, as is
any active or passive encouragement of dishonest reporting.
Employees should feel free to raise ethical or other issues
without fear of retaliation.
Employees are entitled to count on the commitments of the
employer especially about central matters such as pay, raises,
and promotions. Employers who chisel employees, renege on
promises, or treat them as if they were simply
instrumentalities of the organization’s interests rather than
ends in and of themselves fail to meet their moral
responsibilities.
Duty of Employees
Employees also have moral obligations, and they go beyond
giving a full day’s work for a full day’s pay. Loyalty goes
both ways.
Employees have moral duties to the organization, co-workers,
and customers. If an employer were secretly to look for a
replacement for an employee by conducting interviews behind
the employee’s back, most employees would consider that an act
of betrayal. “Why didn’t you tell me my job was at risk?” “Why
didn’t you tell me that you were unhappy with my work so I had
a chance to improve?” Does the employee owe the employer less?
When an employee, without any notice to an employer secretly
looks for a new job, often covering up interviewing time with
deceptions or lies, is the conduct any less untrustworthy?
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When an employer decides to let an employee go, it is
generally thought that the employer should give the employee
ample notice or severance pay. But what of the ethics of the
employee who walks into the boss’ office and says, “I have an
opportunity I can’t turn down and they need me to start this
Friday”? Because of the disparity in power, many employees
adopt a double standard that gives them more leeway than they
afford the employer. One aspect of this attitude draws on the
doubtful assertions of necessity. Another is the implicit
belief that if an offer is too good to refuse, there is no
moral obligation to refuse. It doesn’t take much scrutiny to
see that these are self-serving rationalizations. The moral
obligations of an employee include loyalty, candour, caring
and respect. The mismatch in economic strength between the
employer and the employee does not change that.
People of character take into account their moral obligations
to their employer before they interview for another job. If
they know that their departure will jeopardize the
organization, co-workers, or customers they should make it
clear at the job interview that they are not available until
they have provided a reasonable transition. If we are not
certain how much hardship departure may cause, the principle
of respect suggests that the parties most affected be given an
opportunity to participate in a discussion to suggest the
least harmful alternative. Because the employee-employer
relationship operates in the context of business, there is a
tendency to play by different rules dictated by who has the
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leverage, and principles of expediency — what you can get away
with — rather than moral principle.
JOINTS CONSULTATIVE MACHINARY ( JCM ) 3
3 http://cgstaffnews.com/?p=6023
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Objectives
In 1967 Government of India introduced the ‘Scheme for Joint
Consultative Machinery and Compulsory Arbitration’ for Central
Government employees. The objective was to promote harmonious
relation, securing greatest measure of cooperation between
Government in its capacity as employer and the general body of
its employees in matters of common concern and increasing the
efficiency of the public service. The Scheme provides for
setting up of Joint Councils at three levels viz. (i) National
Council (JCM-I) functioning at Cabinet Secretariat (ii)
Departmental Council (JCM-II) functioning at the
concerned administrative Ministry and (iii) regional / office
council (JCM-III) functioning at the lowest level of the
administrative set-up.
To Whom Applicable
Applicable to all central Govt. civilian employees except
Group A officers
Group B officers other than central secretariat and other
compatible services in HQs organisation of the Govt.
Officers in industrial establishments in managerial
capacity and supervisions drawing pay exceeding Rs.
2000/- pm
Employees of the union territories
Police Personnel
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Composition of National Council
Official Side:-
Total Members – 25 including cabinet secretary, secretaries of
Ministries of Home, Labour, Communication, Defence, Finance
(Department of Expenditure) and Ministry of Railways. All
members nominated by the Govt.
Staff Side :-
Total Members -60 Members nominated by recognized unions,
associations.
Chairman of the National Council - Cabinet Secretary
Staff side represented by electing ITS leaders
Both sides (official /staff sides) may appoint ITS own
secretary /secretaries.
Standing Committees under National Council
Standing Committees for Industrial Employees
Standing Committee for Non-Industrial Employees
Periodicity of Meetings:
a) Ordinary Meetings: At least one in four months-Notices to
members 15 Days before meeting.
b) Special Meetings: Chairman on his own on at the request of
members can call for special meetings. Notice 10 days before
meetings.
Quorum should be 1/3 on both sides.
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Procedures for meetings of National Council:
Members’ sends explanatory memorandum to the secretary
staff side/official side eight weeks before meeting.
Secretary place the item before chairman for approval for
inclusion in the agenda.
Points not included in the agenda communicated to the
member concerned with the reason for non-inclusion.
Agenda for ordinary meeting circulated 30 days before the
meeting- special meeting for notice and agenda circulated
together.
Items outside agenda can only be taken up with the
permission of the chairman.
Minutes circulated after approval by the council.
Departmental Council:
Functions at the Headquarters of the departmental
/Ministry.
Official side 5 to 10 members with the head of the
ministry/department as chairman, others members nominated
by the government Staff side 20 to 30, members depending
on the strength of the employees- members nominated by
the recognized unions/associations
Matters relating to the departmental only discussed.
Periodicity and conducting of business similar
to national council.
Regional Office Councils:
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Composition of staff/Official side members based on the
strength of the employees.
Council deals with regional/local problems.
Periodicity of the meeting at least once in 2 months.
Membership in Council (Staff Side)
Employees on the effective strength can become a member.
Govt. may permit an Ex-employee as a member.
Compulsory Arbitration
The council referred to arbitration could not settle pay
& allowances, weekly hours, leave etc.
No individual cases are referred to.
Matters first referred to DPT. DPT refer to Attorney
General. Staff side/official side present then views-
opinion of the AG is final and binding on the both sides.
If decided for arbitration- Home Ministry on behalf
of national council refers the case to secretary- Min. of
labour references to board of arbitration.
Govt. finalize the terms of references to the board with
in four weeks.
Board will consists of 3 members – one drawn from the
panel of 5 members submitted by official side-one drawn
from the 5 members submitted by the staff side-
independent officer appoint as chairman by min. of
labour.
Award delivered by the board binding on both sides.21 | P a g e
Award may be modified by the Govt. with the approval of
parliament in the national interest.
Arbitration award orders issued by govt. cannot be
modified for three years unless otherwise specified or
modified by mutual agreement.
Facilities for Attending JCM Meetings:
Members are eligible or TA/DA special CL etc. as per laid down
rules for attending the JCM meetings.
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The Salient Features of J.C.M. scheme
The Scheme was designed "with the object of promoting
harmonious relations and securing the greatest measure of
cooperation between the government and its employees in
matters of common concern, and with the further object of
increasing the efficiency of the public service combined with
the well-being of those employed"
The Scheme is a voluntary one. The government and the
employees’ unions and associations who participate in the
scheme are required to subscribe to a Declaration of Joint
Intent. Accordingly, both the sides (the government and the
staff associations and unions) agreed to full and frank
discussions on all matters in the Joint Councils to reach
agreements.
The unique feature of the Scheme is its coverage of both
industrial and non-industrial of the government. In this
regard it differs from the Whitley System which is concerned
with only non-industrial civil service. Another difference is
that the J.C.M. Scheme does not cover "the class I, class II
services, employees of industrial establishment and the union
territories and police personnel"
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Yet another difference is that the fundamental objective of
Whitley System viz., to provide machinery for dealing with
grievances and to bring together points of view of
representatives of different classes and grades of civil
service is not stated in the J.C.M. Scheme.
Though the Indian J.C.M. Scheme was modelled after the Whitley
System in U.K., the Indian Scheme could not inculcate in its
scheme, the spirit and the long experience of the Whitley
system. It is more a joint consultative machinery than a bi-
partite participative agency.
Though the National Council could not succeed in achieving all
its objectives, it acted effectively as machinery for dealing
with the grievances of the employees and reduce the amount of
conflict with the government. However, the National Council
has come to stay and has taken roots to provide a system of
joint consultation and cooperation. Though, there is some
difference between the two, the J.C.M. Scheme in India has
come to stay and has taken some strong roots, in spite of
certain initial setback and misunderstandings.
Despite the limitations of the scope and jurisdiction of the
joint consultation and arbitration, the Government and Civil
Service Unions realised the utility of the scheme over a
period time. If the scope of the joint consultation is widened
and full opportunities are provided for the staff to
participate in administration it is easy to secure the
cooperation of the staff and responsibility in personnel
administration. Further, the official side has to change much
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of its bureaucratic attitude to the problems of the employees
and towards the spirit of joint consultation and negotiation.
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Civil Services Reforms
Civil Service is essential for the functioning of government.
The civil service has long been regarded as the ‘steel frame’
of administration in India right from colonial days. The
colonial legacy of civil service is still continuing in this
fast changing era of globalization. It is in this context that
civil service reform forms a quintessential part for good
governance.
Civil service refers to the body of government officials who
are employed in civil occupations that are neither political
nor judicial. The concept of civil service was prevalent in
India from ancient times. The Mauryan administration employed
civil servants in the name of adhyakshas and rajukas. The
examination for civil servants in those days too was very
stringent as quoted by Kautilya’s Arthasastra. The expanse of
the territory and the need to hold it intact made it
imperative for the Mauryan administration to recruit civil
servants based on merit. The concept of civil service again
came into prominence when British in search of creating a
framework to hold the territories of India, created the much
coveted ‘Indian Civil Services’ or the ICS.
Many changes took place in Indian Civil services since Lord
Cornwallis introduced it in India. The Indian Civil services
were created to foster the idea of unity in diversity. The
civil service was expected to give continuity and change to
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the administration no matter the political scenario and
turmoil affecting the country. Indian civil service has also
played the part of giving this continuous support to the
nation. But what is appalling and needs a serious
consideration is the element of ‘change’. It can be said that
the civil service as a whole has maintained its status quo
instead of sweeping changes in social and economic scenario.
Some may argue that it is the resilience of the civil service,
but it is an obvious fact out in the street that the Indian
civil service was not able to deliver service based upon the
expectations of the people or the founding fathers of the
Constitution.
The present paper deals about the problems effecting Indian
civil service and the reform that is needed to make it vibrant
and deliver according to the expectations. The civil service
is an integral part of administration and the structures of
administration to determine the way the civil service
functions.
Civil Service Reform is a deliberate change effort by
government to improve its capacity to effectively and
efficiently execute policies. Reforms in the Civil Service
have occurred ever since the Chinese invented bureaucracy –
they are a continuous process with no general starting point,
and equally no end.
The Indian bureaucracy, with its national character, has been
a strong binding force to a Union of States. The institution
of civil service has rendered yeoman service to the overall
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socio-economic development of the country. It has been at the
forefront of development process right from the ‘commanding
heights regime’ to the ‘liberalization and de-regulation era’.
It has not only played a pivotal role in designing and
activating policies but also ensured basic service delivery at
the cutting edge of government-citizen interface. The
importance of the Civil Service to governance stems from the
following:
Service presence throughout the country and its strong
binding character
Administrative and managerial capacity of the services
Effective policy-making and regulation
Effective coordination between institutions of governance
Leadership at different levels of administration.
Service delivery at the cutting edge level
Provide ‘continuity and change’ to the administration.
In recent times, there has been accelerated change globally
brought about by technological advances, greater
decentralization and social activism. The ramifications of
these changes are being felt by government in the form of
increasing expectations for better governance through
effective service delivery, transparency, accountability and
rule of law. The civil service, as the primary arm of
government, must keep pace with the changing times in order to
meet the aspirations of the people. The purpose of ‘reform’ is
to reorient the Civil Services into a dynamic, efficient and
accountable apparatus for public service delivery built on the
ethos and values of integrity, impartiality and neutrality.28 | P a g e
The reform is to raise the quality of public services
delivered to the citizens and enhance the capacity to carry
out core government functions, thereby, leading to sustainable
development.
Prior to the developing the contents of Civil Service Reform,
there is a need for an open, objective stock taking of the
current situation.
India’s massive bureaucracy is maintained at huge cost by the
country's taxpayer whose average income is among the lowest in
the world. But the public perception about the members of the
civil services, who function at cutting edge and higher
coordinating and policy making levels, is that they are
`burdensome low-performers' heading a highly bloated
bureaucracy, which is, often, perceived to be corrupt and
inefficient in governing the country.
The ailments afflicting Indian civil services are:
• Lack of professionalism and poor capacity building
• Inefficient incentive systems that do not appreciate upright
and outstanding civil servants but reward the corrupt and the
incompetent
• Outmoded rules and procedures that restrict the civil
servant from performing effectively
• Systemic inconsistencies in promotion and empanelment
• Lack of adequate transparency and accountability procedures
- there is also no safety for whistle blowers
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• Arbitrary and whimsical transfers – insecurity in tenures
impedes institutionalization
• Political interference and administrative acquiescence
Civil Service Reforms and Good Governance
A well-functioning civil service helps to foster good
policymaking, effective service delivery, accountability and
responsibility in utilizing public resources which are the
characteristics of good governance. "Good Governance" is being
used as an all-inclusive framework not only for administrative
and civil service reform, but as a link between
Administrative reform focuses on rationalizing structures of
government. Governance reform tends to refer to the
improvement of legal and policy frameworks to create proper
decision making environment; participatory systems for
elements of civil society to become actively involved in
policy and programme formulation and their implementation; and
an effective and transparent system and process for control
and accountability in government activities. Civil Services
reform cannot be seen in isolation and it has to be undertaken
along with administrative reforms for effective results.
Although comprehensive reform that involves governance, the
civil service, and civil society is ideal, it requires
sustained commitment from political and administrative
leaders. It is also too complex to implement all at once. Few
countries have undertaken comprehensive reforms and there are
mixed results. The challenge lies in finding and linkages
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among the governance, civil service and civil society
components, determining which require priority attention.
Components of Civil Service Reform
Reforms must take into account the role of the Civil Service
in the governance needs of the day and the expectations
generated from it. The main components of Civil Service Reform
should pertain to the following:
1. Size and Structure of Government
Since independence, the government has increased the number of
their ministries, departments and officials; in some cases
even doubling them. In part, this growth has been stimulated
by political considerations; it accommodated more and more
intra-party groups by offering more ministerial positions. It
also created posts for senior civil servants, along with other
jobs at other levels that enlarged the patronage capabilities
of a number of political and bureaucratic leaders.
However, this expansion has not been offset by a concomitant
shedding of lower priority responsibilities or other attempts
to eliminate redundancy. Apart from its budgetary aspect, this
kind of expansion has stretched implementation capacity, and
compounded coordination problems. Civil servants are spending
more and more time in maintaining and/or clarifying their
jurisdictional rights and boundaries, clearing their decisions
through increasingly complex internal processes, and
coordinating their activities through an increasing number of
agencies.
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In addition, it has created vested interest groups at all
levels that have blocked efforts at reform and
rationalization. Once a ministry, department, division and
unit have been created, it is difficult to abolish, even
though its function may well have been transferred or may no
longer exist. Similarly, it is difficult to dismiss a
government employee who has tenure guarantees.
Although these kinds of expansion have serious impacts on the
performance of civil servants, they are difficult to compare
systematically in either fiscal terms or in terms of quality
of service. Although the cost of running the government as a
percentage of Gross Domestic Product is roughly the same in
many countries, taxpayers receive vastly different values in
return.
2. Recruitment
Civil service recruitment and promotion hinge on several
factors such as patronage versus merit; the relative
importance of ethnic, religious, regional and gender
preferences. Even where countries adopt a merit-based system,
various practices militate in favour of these biases. An
explicit political dimension becomes pronounced not only at
the highest levels of policy and programme formulation, but
also at the lowest levels of regulatory and control
activities.
Such political pressures are most pronounced in countries with
diverse ethnic, religious, and cultural groups. These stresses
on recruitment and promotion become severe where economic
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growth has not opened up job opportunities for the employable,
either educated or unskilled and the government becomes the
employer of last resort. However, where economies expand,
public employment tends to shed bias restrictions and even to
use private sector practices to bring qualified people into
the civil service.
The recruitment examination for Indian Civil Services is of
course one of the rigorous examination across the world. The
changing trends in the society as well as the economy makes it
imperative to stress more on technological knowledge and in
areas such as human rights. There is also very little stress
on testing managerial skills in the examination. The changes
in our economy also create a need for specialists at various
jobs. With rapidly advancing technology and high degrees of
specialisation in every field, the country can no longer
afford to put generalists in positions requiring specialised
skills.
The entry and exit of civil servants from public service to
private sector and vice versa, will make the civil services
jobs more attractive, thus making it a new economy job. This
may create the risk of competition feeding into the civil
services even more insidiously than it already has. But that
will at least help enforce accountability and be beneficial in
the long run.
In the decades since independence, Indian scholars and
officials have produced an extensive and lively debate about
ways in which civil service productivity can be increased and
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staff accountability and responsiveness enhanced. The thrust
is as much about enhancing merit-based systems to raise the
productivity and motivation of existing employees as on
streamlining and rationalizing the structure of the civil
service.
There are differing opinions regarding the extent to which the
civil service will benefit from the entry of outsiders. On the
positive side, many maintain that lateral recruitment
practices will help to bring fresh ideas and skills into
government, and that it will also provide incentives for
current civil servants to perform better or risk being passed
over for the prime postings. Yet a number of factors have to
be balanced against these advantages. The response of the
organized sector to the deputation of its senior management
and professionals to central and state governments is not
clear. Karnataka’s Administrative Reforms Commission cautioned
about the need to ensure that the skills which lateral
entrants are expected to bring in were not otherwise available
within the civil service, which is needed to avoid the risk
that the selection process becomes ad hoc and ends up
demoralizing existing personnel.
3. Capacity Building & Human Resources Development
The training offered for civil service recruits is one of the
most comprehensive training systems. The gaps where the
training facilities are not in tune with the new trends have
to identified from time to time, so that training can be
provided right at the induction level.
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The urgency for reforms in civil services is dictated as much
by the imperatives of global developments as by the forces of
new technology and communication which are shrinking distance
and commerce, rendering conventional approaches and practices
of administration obsolete and dysfunctional. Towards this
end, a number of measures have to be taken for simplification
of rules and procedures, delegation of enhanced powers, better
enforcement and accountability and speedy redress of public
grievances.
Strengthening Meritocracy in Promotion
In the final assessment, promotion—with its higher emoluments
and enhanced status— remains a key element of motivation.
There are differing approaches to the use of seniority and
merit as criteria for promotion in countries following a
similar hierarchical, “mandarin” structure of civil service
management. Singapore consistently promotes people entirely
according to merit and it is common to see younger officers
supersede more senior, but less competent, officers. Malaysia
follows a system of promotion and annual salary progression
based upon a new performance appraisal and remuneration
system.
A statutory body Civil Services Board (CSB) can be created to
look into issues such as transfers and promotion of Civil
servants
This will help in reducing political pressures on the careers
of civil servants. As there should be cohesion between the
political masters and the civil servant for ensuring good
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governance, the civil service board can be used to delink
civil service performance issues from politics. A clear
demarcation line can be drawn between the two with the
establishment of such boards.
4. Performance & Promotion
Reforming the Annual Confidential Report Process
Because of its impact on salary, career prospects and
decisions on premature retirement, the framework for
performance appraisal has important consequences for the
motivation of employees. The Annual Confidential Report
process is also meant to be used in training and human
resource development, confirmation, and crossing efficiency
bars.
The question of how employee performance should be
systematically evaluated in a fair and reliable fashion,
without generating unnecessary conflict, is a complicated one.
Although supervisors have the right to provide continuous
feedback and guidance to employees, Annual Confidential
Reports (or ACRs) are the principal means of periodic formal
appraisal. However, the non-transparent, subjective and
unilateral character of ACRs in all states has reduced its
utility for public agencies and alienated employees. In most
states, the formats are uniform for all the employees
regardless of the nature of functions. Discussions between the
evaluator and employee being evaluated are infrequent and
typically only take place if an adverse remark is being
entered.
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Serious efforts to reform the system of performance assessment
are urgently needed. In the near term, efforts can be made to
revise and update the ACR format and incorporate more
department-specific feedback. Improvements can also be made
without much difficulty to improve the consultative nature of
the ACR process and the feedback managers provide to staff. A
Performance Appraisal Model will be of great use in reforming
Annual Confidential reports.
Civil Services Performance Systems
The present promotion system in civil services is based on
time-scale and is coupled by its security of tenure. These
elements in our civil services are making our dynamic civil
servants complacent and many of the promotions are based upon
patronage system. The non-inclusion of incentives or
disincentives for performance is a major drawback for civil
services and is making Indian civil Services largely
unaccountable to the state.
Civil Servants are not only recruited through open competitive
examination, but certain officials from the state governments
are also being promoted. The whole idea of All India Civil
Services gets lost when other state officers are promoted to
civil services and work in the state itself. This is indeed a
retrograde step. It should be made mandatory for the officers
who are promoted to civil service to serve in other states to
keep the idea of creating All India Civil Service working.
5. Professionalism & Modernity
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The founding fathers of the Constitution wisely provided, by
making provisions in Part XIV of the Constitution, for
apolitical and independent civil services, with requisite
protection for service matters. These provisions pertain not
just to the union but also the states. One of the provisions
of the Constitution (Article 312) which was hotly debated and
faced considerable opposition, particularly from the
provincial governments, pertained to the creation of All India
Services (AIS) with recruitment based on all India competitive
examination and dual control by the centre and the states.
Such a constitutional protection was meant to enable the AIS
to operate independently, freely, objectively and fearlessly.
Unfortunately, political interference and administrative
acquiescence has severely dented the professional fibre of the
service.
The neutrality of civil servants, especially at the highest
levels of policy-making and programme formulation, is
important to maintain, particularly in democracies where
leaders change periodically. Bureaucratic continuity is a
necessity, even though it may become a mechanism for creating
a privileged, self-oriented group within the state. It is
worth noting that the principle of bureaucratic neutrality as
an instrument for the preservation of democracy has never been
rejected outright.
Although legal, sometimes constitutional measures can provide
for such neutrality, there are also structural arrangements
that facilitate the separation between politics and
administration both substantively and procedurally. In38 | P a g e
parliamentary democracies, the secretary of the ministry is a
permanent civil servant who heads the ministry's
administration temporarily and acts as the chief advisor to
the minister. He or she is thereby involved in discussing and
often influencing political matters that relate to the
ministry. Usually, a thin line is drawn between the
secretary's advisory capacity and his or her active
involvement in promoting the interests of the dominant party
in policy formulation and implementation. However, neutrality
does not mean that high-ranking civil servants cannot or
should not be involved in articulating public policy. Indeed,
senior officials are professionally and morally obliged to
provide their political leaders with policy alternatives based
on sound arguments, relevant precedents, and sustainability in
the context of changing political environments. It is
essential that they do so, however, from a non-partisan
position.
Modernity: Reforms and e-governance
The concept of e-governance is bound to play a major role in
the reform process of civil services. With the increase in
literacy rates and accessibility to technology, the civil
servants will be more accountable and transparent in the
conduct of their duties. Any present day civil service reform
is incomplete if it neglects the role of information and
communication technology.
As we have been emphasizing the need to reform keeping in view
of the changing circumstances, there is a need to reform civil
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services and make civil servants pro-active in the
developmental process. The civil servants should not view
reforms with cynicism, but should actively take part in the
reform process. The sense of reforms should come from within
the civil servants to create pro-active, vibrant and
accountable civil service.
6. Civil Service Accountability
The Civil Servant has always played a pivotal role in ensuring
continuity and change in administration. The civil servants
are dictated by the rules and procedures. It is the ‘rule of
law’ rather than ‘rule of man’ that is blamed for widespread
abuse of power and corruption among government officials. The
explosion of media has also opened civil servants to external
scrutiny.
For greater accountability, the following are some of the
measures suggested:
Strengthening and streamlining reporting mechanisms
Streamlining and fast-tracking departmental enquiries
Linking performance with incentives
Overhaul of employee grievance procedures
Action on audit findings
Implementation of Citizens Charters’ for monitoring
service delivery
Right to Information Act and its enforcement
Code of conduct for civil servants
Challenges to Civil Service Reform
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Lastly, it is important to recognize that the reform mandate
will throw up greater challenges. The following would be
required to counter the challenges.
Political support and will
Management capacity to implement reforms
Nurturing support from civil servants themselves
‘Safety nets’ must be in place for people adversely
affected
Reforms must reflect the political and institutional
environment of a country.
Developing communication between all the stakeholders.
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References:
Civil Services rationalization in India: World Bank,
2001.
http://cgstaffnews.com/?p=6023
Andre Betellie: Rule of law –‘Experience of Governance: A
sociological Overview’ R.K.Dar (ed): Governance & the
IAS, 1999.
Committee on Civil Service Reforms: P.C. Hota Committee,
July 2004.
Surindernath Committee Report, 2003.
www.cabinet-officegovuk/civilservice.reform
Antinomies of Society : Essays on Ideologies and
Institutions/Andre Beteille. Delhi, Oxford University
Press, 2000.
Journeys through Babudom and Netaland— Governance in
India: TSR Subramanian; Rupa& Co.,
Civil service reform and Structural adjustment – S.K.Das,
Oxford University Press.
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