Faulty poll system causing political instability

Depoliticise civil services for a better tomorrow

by N. N. Vohra

THE Constitution of India provides the framework for the administration of the country through a uniform set of inter-related institutions. The Directive Principles of State Policy provide a non-justiciable foundation for a balanced and equitable socio-economic development. These principles are fundamental to the governance of the country, and the states are duty bound to follow them, enforcing the objectives through the enactment of necessary laws. The governance of the country is carried out through three vital instruments of the Constitution — the executive, legislature and judiciary.

Before attempting any prognosis of the kind of changes in the administrative apparatus which may be required to meet the challenges of the 21st century, it would be useful to at least rapidly review the experience of the past five decades of national governance.

The federal administrative system bequeathed by the British was largely continued after the attainment of Independence. Necessary changes, to meet arising requirements, were introduced in the subsequent years. The Indian Civil Service (ICS) and Indian Police (IP) were retained and legislation was enacted to create their successors, the Indian Administrative Service (IAS) and the Indian Police Service (IPS), and other required All-India Services (AIS). Sardar Patel, the then Home Minister, had to fight a hard battle not to disband the ICS and IP and to secure the creation of the new AIS.

It was his conviction that officers selected on an all-India basis, from among the best available talent, will be most suited to man the vital posts in the states; as the AIS cadres would be managed by the Centre, these officers will not be easily subject to political pulls and pressures and would enjoy the requisite sense of security to discharge their duties without fear or favour. Their experience of dealing with the ground realities in the states would equip them to make valuable contribution to policy formulation when they came on deputation to serve the Centre; and their tenures at the Centre would engender a wider, national outlook which they would be able to inject in their work in the states. It was Sardar Patel’s vision to strengthen cohesion and national unity through a strong and vibrant federal administrative system in which the AIS would play an important role.

The post-freedom challenges were complex, urgent and varied. The country faced a serious law and order situation. Lakhs of innocent persons were killed in the communal violence, rioting and arson which ravaged Punjab, Delhi, West Bengal and several other parts of the country. Besides the severe financial crunch, there was acute shortage of foodgrain and other essential supplies. Rationing was enforced and thousands of outlets for distributing food supplies had to be established to tackle the near famine situation. Millions of refugees had to be provided food, shelter, clothing and medical care before setting upon the colossal task of rehabilitating them. All these and numerous other problems were most satisfactorily handled by the depleted administrative services in the provinces and at the Centre. And in the midst of such intense pressures our armed forces effectively thwarted Pakistan’s intrusion into Jammu and Kashmir.

The first two decades after Independence witnessed significant progress on many fronts. The work done by the Planning Commission and the National Development Council laid the basis for the Centre and the states undertaking a collaborative endeavour for securing equitable socio-economic development and uplift of the poverty-stricken masses. Among the many significant achievements were the implementation of the grow more food and the National Extension and Community Development Programmes, land reforms, consolidation of holdings, security of tenure for the farmers, construction of dams and enlargement of power and irrigation facilities, development of a nationwide network of rural cooperative credit and service societies, construction of fertiliser production units, development of high-yielding seeds, establishment of agricultural research stations and universities, and the subsequent outstanding success of the Green Revolution. Side by side, attention was devoted to industrial and infrastructural development — steel, cement, coal, power, roads, railways, ports, telecommunications, drugs and pharmaceuticals. Medical and health care services were enlarged; institutions of higher learning and research and universities were set up and facilities were created for the advancement of engineering, science, technology, space, atomic energy and oceanography.

Consequent to the humiliation faced in the 1962 Sino-Indian conflict various measures were taken to strengthen the armed forces. The military regained its honour in the 1965 Indo-Pak engagement and earned fresh laurels in the 1971 Bangladesh war. Meanwhile, planned action had been taken to strengthen and enlarge the indigenous capability for meeting defence requirements and to connect the borders with a network of roads and bridges. For improved border guarding and providing assistance to the states for internal security managements, several new central police organisations were created — the ITBP, the BSF and the CISF.

All in all, till about the late 60s (around the time the Congress started facing serious internal conflicts) the country seemed well set on the path of steady advancement. From then onwards governance in the states and the Centre started witnessing serious difficulties and consequent decline.

While a researcher would advance innumerable reasons, a major factor for the deterioration has been the progressive loss of ideology and erosion of values among the political leadership. Indira Gandhi’s resolve to stay in power at any cost, followed by the enforcement of the Emergency (1975-77), marked the dilution of the Cabinet system, and the beginning of the virtual abrogation of the rule of law. The ascendancy of extra legal elements in decision-making and the emergence of groups of unprincipled politicians and "committed" civil servants led to wanton exercise of authority which, protected by the highest echelons, led to encouragement of unaccountability and resort to corrupt practices.

Another factor which has had a deleterious affect on the much needed evolution of a mature and stable polity has related to our election system. Over the years, there has been continuing increase in the number of political parties in all parts of the country.

In the last General Elections, with well over 600 political parties participating in the polls, every seat was contested by far too many candidates. This has involved large scale deployment of security forces and a huge increase in the governmental expenditure on the conduct of the polls. Another, and a far more serious consequence of such confusing electoral contests has been that in many states no single party has been able to secure a clear majority. Since 1996, formation of a government at the Centre has faced a similar serious situation.

The lack of necessary checks and balances in our electoral system has generated continuing political instability in the states and, recently, at the Centre. To be able to lay claim to forming government the party which gains the highest tally in the elections is compelled to garner the requisite majority by seeking the support of disparate small groups and even individuals, notwithstanding the sharp variations in the political ideologies and agendas, if any, of such elements. Such "supporting" elements demand their pound of flesh on a daily basis, generating uncertainty about the longevity of the governments which they prop up.

A related and extremely worrying facet of our democratic process has been the large expenditure which a candidate has to bear for contesting a poll, specially if it relates to gaining a seat in the Legislature or in Parliament. While all political parties contesting elections collect funds through means fair or foul, to support their candidates, the parties in power in the states and at the Centre are more advantageously placed. They have, over the years, adopted the simple approach of exploiting their official positions to collect funds not only from trade, business and industry but from the public at large on almost every occasion that it requires to deal with the governmental machinery — allotments, auctions, registrations, grant of licences, recruitment to any service, including the police, admissions to educational institutions etc. The amounts collected generally relate to the degree of irregularity or illegality involved in the favour being done.

For example, if the existing customs regulations or excise or sales tax laws are compromised to specifically help the business interests of an Indian multi-national, the rake-in may run into several hundred crore of rupees, some of which may be collected in foreign exchange in an undeclared foreign bank account (and this was the genesis of black money transactions and the ‘hawala’ business).

All such deviations from the norm are transacted through the officialdom; employees who quote rules or do not comply are promptly transferred and marginalised. Thus, over time, a strong nexus has grown between unprincipled politicians, pliant civil servants and the unseemly elements among those who perennially seek to support whichever political party is in power provided their unlawful demands are met.

Suffice it to say that the single-minded objective of political parties in power of retaining their position, brazenly indifferent to the misuse of authority, has led to their progressively identifying weak, compromising and aspiring elements in the civil, police and technical bureaucracies to subserve their unprincipled objectives. This has, over the years, led to the politicisation of the cadres of the states services and even those which comprise the All-India Services, specially the IAS and IPS. The politicisation of the services has resulted in vitiating the erstwhile command and control structures through which the state Chief Secretaries, Director-General of Police and other important heads of departments effectively managed the services under their charge.

The extraordinary precedence given by the political masters to the "committed" or "loyal" elements in the various services has resulted in thoroughly undoing the laid down principles, rules and regulations which govern recruitment, postings and appointments, tenures of field and secretarial posts, promotions, deputation for training at home or abroad et al. Officers who are not adequately malleable and ductile are transferred from post to post and station to station, in utter disregard of how this affects their training for handling higher responsibilities in due course, or how the repeated transfers of key functionaries disrupt the implementation of vital development programmes for which they are responsible, to say nothing about the effect on their morale and public esteem.

The rather frequent change of governments in some of the states has resulted in officers of various services, specially the Collectors and Superintendents of Police, being shifted time and again. This vicious malady has got to a stage where appointments to key posts —specially those involving handling of large budgets, having dealings with industry and commerce, and the vital posts of district chiefs on the civil and police side — are virtually put to auction. It would be puerile to expect that those who gain appointments on such terms of trade can even think of enforcing honestly, transparency and accountability in the areas of their respective functioning.

The disciplined and productive functioning of the cadres of various services in the states has been further vitiated by considerations of caste, community and ethnicity.

The emergence of caste groups among the services has created serious problems in their functioning and further diminished the espirit-de-corps of the cadres. The progressive politicisation, communalisation and exploitation of the services has left them exposed, unprotected and leaderless, resulting in loss of morale and cynicism among their constituents.

The growth of regionalism, increasing demand for larger autonomies for the states, alongside a growingly weaker Centre, have considerably reduced the strength of the concerned Central authorities in enforcing compliance by the state governments of the statutory rules and regulations relating the management of the AIS cadres. The unfettered manner in which the states have managed the Indian Administrative, Police and Forest Services has resulted in eroding the image and credibility of those who man them. Except issuing hapless advisories to the state governments, the Centre has been able to do no better than watch the continuing mismanagement of the AIS which, despite the serious constraints under which they operate, still provides vital support to the states and the Centre and help in holding the country together.

Notwithstanding the outstanding successes achieved on many fronts, our country has still a long way to go in achieving its avowed goals. A dent has still to be made in containing our population growth; half of our population is illiterate; several hundred million of our people exist below the poverty line; millions continue to remain unemployed; health care and housing programmes continue to lag far behind the ever increasing demands; agricultural production is not increasing at the expected rate; we have a large public debt, a growing fiscal deficit and dwindling foreign exchange reserves, and serious problems on many other fronts.

Failures of governance have generated continuing debate and criticism. One view, often expressed, is that the existing failures in the functioning of the executive can be set right if the country shifts from the Cabinet system to a Presidential form of government. Whatever be the merits of such argumentation, it must be remembered that almost three quarters of our vast population still lives in the villages. Thus, whatever may be done to make the functioning of the Centre more effective, we have to remain most seriously concerned about the quality of administration at the ground level, from which all our problems originate and some of which, due to sustained mismanagement, develop into national issues.

Any change in the form of government at the Centre shall not automatically result in curing the serious ailments in the administrative apparatus across the length and breadth of our vast country.

The government and Parliament understand the need to enforce wide-ranging reforms in the continuing system of elections. After the wide publicity given to the aforesaid criminal/nexus report, there was focused debate regarding the various measures required to at least keep persons with known criminal backgrounds out of the state legislatures and Parliament. Even this limited objective has still to see fruition, to say nothing of the other important reforms required in the electoral process.

Several parts of the country face serious internal security problems which have continued to receive, sustained abettment and systematic support from Pakistan’s ISI.

Professionally planned action, fully coordinated between the Centre and the states, and executed by loyal and competent civil and police services, would be required to liquidate the espionage and subversive networks established by the adversary intelligence agency. Such serious problems cannot be politicised and tossed around between the states and the Centre as, unfortunately, has happened in the recent past. No more time can be lost. The Centre must act firmly, and fast.

In the backdrop of the continuing failures of the executive and the disability of a splintered Parliament to provide the much needed direction, the judiciary has attempted to fill the yawning gaps in the governance of the country. While the recent phenomenon of "judicial activism" generated considerable satisfaction among the public at large, it would be unwise to expect one of the instruments of the Constitution, which has a well-defined role, to take over the responsibilities of the executive and Parliament and seek to remedy the failures of both. In any case, those who comprise the judiciary, executive and Parliament are drawn from the same society.

In the aforesaid background no time and energy may be wasted in embarking upon any approach which assumes that mere structural changes in the administrative apparatus will result in improving the governance of our vast country. We have spent the past several decades in negating the Constitution, abrogating the rule of law and systematically subverting the application of well-laid down rules of government business and systems of functioning.

Let us do no more than spending the next few years in honestly and assiduously restoring the essentials of governance. Towards this end, it would be necessary to launch all necessary initiatives to start tackling the ailments of our polity which have already infected our society and denigrated governance.

There is no need for expending time and energy in thinking of inducting exotic concepts to restore good governance in the country. During the past five decades excellent experience has been gained in the entire field of development administration. We have highly competent, resourceful and honest functionaries in all services, all over the country.

All that we need to do is to ensure that such elements are provided recognition, the requisite security of tenures, and the opportunity of putting the system back on the rails. All those who cannot perform or are dishonest must be ruthlessly weeded out under whatever new legal framework which may be required to do this.

The writer is the Director of India International Centre.

Complacency is eating into
the vitals of leadership

Global scenario distressing, internal unity the only way out

by P. H. Vaishnav

AS the 20th century draws to a close in a none too reassuring atmosphere, we cannot postpone the question as to how we shall face the 21st century. More important than its challenges is the extraordinary complacency in the entire leadership of the country, whether in government or in Opposition, about the future. The political process is taken up with somehow forging ruling coalitions and of forming rival alliances for toppling governments.

Perspectives national priorities and a common Minimum National Programme (as distinguished from the Common Minimum Programme for precariously co-existing in power or for coming together to dislodge the coalition in power) have remained a casualty.

We cannot afford this complacency in a global context that is increasingly becoming adverse and overpowering in technological, economic, political and military terms. The death of the Non-Aligned Movement, the collapse of the erstwhile Soviet Union, the emergence of the USA as the world’s sole policeman, who, in its global role of a (short-sighted) economic imperialist, his already forged an anti-India axis with China and Pakistan, have darkened the Indian horizon.

Economic arm-twisting by America around any excuse such as human or minority rights, the boycott of goods produced by "sweated" labour, on issues of intellectual property rights, trade and tariff through its clout in the W.T.O., dumping, meddling in the name of the peaceful (?) resolution of the Kashmir issue (kept alive by none other than the USA and Britain ever since its emergence in 1947), closing its eyes to the Pakistani export of terrorism in Kashmir and Punjab, arming Pakistan to the teeth while wanting us to believe that it is no threat to us (despite past experience to the contrary), thereby putting a heavy squeeze on our scarce developmental resource by compelling higher defence spending, are all calculated to exhaust and enfeeble India even without formal sanctions.

This compelling global scenario dictates a unity of outlook and response from our leadership that is nowhere in sight as was seen in the attitude of the opposition to the nuclear explosions for testing. We can only underline the need for it in any serious and sustained effort to deliver ourselves out of it. Let us hope that the pressure of popular opinion will compel political parties to behave in a more responsible manner.

It is doubtful though if good sense could be expected of them on major national issues. Dr Abdul Kalam, Scientific Adviser to the Ministry of Defence, put it succinctly in his lecture on the occasion of the 117th anniversary of The Tribune when he said that in the 21st century our task is to grow out of being a "developing" country and to become a "developed" country. What is it that has condemned us to this dubious status for the past 50 years? Four areas of grave concern may be identified.

A population problem that threatens to get out of hand, rampant corruption in the whole body politic, communalism and institutionalisation of caste and the near total loss of our work culture, and discipline which we have allowed to overtake us over the last 30 years through misgovernance — these are the problems that cannot bear any further neglect.

The negative impact of population growth on development, on the size of poverty, population, environment and law and order needs no elaboration. In less than two decades, we shall outnumber the Chinese. Already our national average of growth rate is 2.2 per cent per annum. Even our best states like Tamil Nadu and Kerala are growing at more than 1 per cent, while the other advanced states of Punjab, Haryana, Gujarat, Karnataka, Maharashtra are not much below the national average.

In the rest of the states the situation is alarming. Related questions such as education, especially of girls and health disclose a dismal picture. The elaborate government infrastructure in rural health and education is being manned largely on paper, with personnel managing to get out of rural postings.

The mindless methods of the 1975 Emergency have so frightened the politicians that they dare not take a position in their manifestoes on this issue.

An overriding priority to population control on a par with our defence security must be accorded forthwith, with an ample resource back-up to health and school education in slums and rural areas through NGOs and Panchayati Raj institutions.

The perverse bias in favour of routine and even mediocre college and university education must be corrected and no excuse accepted for delaying the achievement of cent per cent elementary education and wide diffusion of technical skills.

In health sector too, a fresh approach needs to be adopted for rural and slum areas. Over the next three decades, funds must be pre-empted for these sectors by law and the progress discussed in the Budget sessions and the legislators made to set a personal example of the small family norm.

The contributory causes of corruption are well known. Raising of poll finances and the quid pro quo to the financiers that goes with it, the post poll funding of the purchase of legislators for forming governments and for toppling them, the extensive role of the sovereign as the trader through monopoly and monopsony in the sale and purchase of goods and services, wide powers of economic regulation have together changed the character of the state from a public institution into that of a private property of the "new class" that Milovan Djilas wrote about.

The police and the judicial processes have not proved adequate for the purpose of dealing with corruption. If anything, these processes have also been distorted for political purposes. While a lot has been talked about the autonomy of the police and the judiciary, much remains to be done to ensure their accountability against corruption, incompetence, delays and abuse of authority. The absence of safeguards against unchecked powers of these institutions may also make the problem of dealing with corruption more difficult.

Organised power of the employee class, their value as a vote bank and as allies of the political power structure in providing control over the tax-payer’s money and the liberty of the citizen have also been instrumental in making corruption and indiscipline rampant to the great distress of the citizen, and a heavy burden on the cost of running business. Productivity is a forgotten word. These instruments of national development seem to be getting away with being its principal beneficiaries.

Electoral reforms cannot be allowed to be postponed any longer and pending these there is great need for a ruthless over-view of the electoral process by the Election Commission as was effectively done by Seshan. Tax returns of political parties and audit of accounts can enforce a certain transparency. The other measures are the provision of free facilities and state funding of elections.

The need for a severe deterrent to floor-crossing for money has assumed urgency in the context of unstable coalitions and unprincipled alliances. Coalitions should be sworn-in on a prior undertaking from the partners that they will not withdraw support during the full term of a government, that they assume the responsibility of office and in the event of premature withdrawal of support be deemed to have lost their seats.

Cabinet berths to defectors must be banned. Rules for House decorum should provide for disqualification of those engaging in obvious forms of undesirable behaviour, including interruption/walkout during the President’s/Governor’s address etc.

Before a government has completed one year in office a motion of no-confidence should not be admissible. Drastic as these measures might seem, short of them no other anti-defection law can succeed. Those convicted for moral turpitude must be disqualified for elective office for life and not for six years as is the case now.

Decentralisation, maximum deregulation, disinvestment in areas where government presence is no longer necessary and induction of greater competition from the private sector would hopefully ease the burden of the tax-payer who pays for corruption, mismanagement and the terminally sick enterprises, minimise the harassment of the citizen and loosen the grip of a parasitical politico-managerial-employee class.

Deregulation will slim a bloated bureaucracy, create a milieu in which the honest entrepreneur may gather the confidence to do business and succeed. This in turn will reduce pressure for government jobs and enable government to focus on the core areas of its responsibility for law and order, rights of the citizen in land and water, education and health.

Our philosophy and policy as regards healthy trade unionism must receive a second look and be changed. Organised labour, more so the government and semi-government employees, are no longer the helpless underdogs.

If anything, exceptions apart, they are oppressive from a negative assertion of authority, corruption and callousness in the delivery of services, while using the weapons of go-slow, shirk-to-rule, strikes, noisy demonstrations and sit-ins and even rigging during elections.

Pay commissions may as a rule be set up every five years but once their recommendations are implemented, no fresh demands be entertained.

The only recognised forum for other grievances should be the JCMs. Abusive language in making representations, noisy demonstrations and illegal strikes should automatically entail termination of employment. Bonus, under a euphemistic name of ex-gratia payments, has no justification for non-commercial, pensionable employment.

The immediate supervisors at all levels must have the authority and responsibility to deal with non-performance, corruption and indiscipline. An ombudsman may provide an appellate forum for review and redress.

No other channel of intervention be allowed. There should be greater recourse to provisions relating to compulsory retirement at the age of 50 years and 55 years.

Meanwhile, at all levels the element of selection must be introduced and automatic time-bound promotions abolished. Our leave rules being already liberal, holidays should be curtailed.

Our founding fathers aimed at a casteless society. Their unworthy successors have restored the caste through elections and reservations in employment by enlarging the original constitutional safeguards for the Scheduled Castes and Scheduled Tribes.

The latter will continue though the creamy layer criterion should be enforced for the benefit of the less privileged among the reserved categories. But the inclusion of OBCs and the principle that once backward, forever backward cannot be accepted in perpetuity. Instead affirmative discrimination should reflect itself in creating an enabling environment through the institution of large scale means-cum-merit scholarships, fully funding education and skill development and the promotion of business opportunities.

This approach is especially important in the context of our large Muslim population living in poverty and besieged by a ghetto mentality.

It is a matter of social necessity that Muslims be ensured the benefit of affirmative discrimination in the matter of education, and their induction into gainful self-employment as well as wage employment.

Their physical safety should receive continuous attention. In the ultimate analysis, an educated middle class among the Muslims with their women guaranteed a modern dispensation in the matter of divorce, maintenance and inheritance is a better way of dealing with the communal divide than the approach hitherto of the secularists as well as the communalists.

Instead of a wholesale review of the Constitution, an appropriate statute for the above measures must be drawn up and pushed through. This statute should also define more clearly the demarcation between the legislature, the executive and the judiciary with a view to obviating transgressions into each other’s spheres from a spirit of aggrandisement.

The writer is a former Chief Secretary of Punjab.