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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Improving delivery of programmes through administrative

reforms in India- N.C. Saxena

www.taru.org

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