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To ringfence babus from netas, a bold new civil service law in the making

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  • A strict, enforceable code of conduct that measures efficiency in tangible terms, rewards and punishes, a transparent system of transfers, the power to stand up and say no to a superior if his order violates the code, insulating the officer from political interference and protecting whistleblowers. These are among the sweeping reforms suggested in what could be the first attempt to ensure, legally at least, a merit-based and an apolitical bureaucracy.

    The Department of Personnel and Training has drawn up a draft Public Services Bill, 2006, and sent it to the Administrative Reforms Commission for its suggestions. The new law, when passed, will be applicable to the IAS, IPS, IFS and all Central services.

    According to the draft, obtained by The Indian Express, a “Public Service Code” will be drawn up by the Government in consultation with a Central authority within a year of the law coming into effect.

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    This code will specify, in concrete terms, the dos and don’ts for public servants to work “with due regard to diversity...without discrimination of caste, community, religion, gender or class.” It will establish a mechanism to monitor performance and efficiency.

    “The interface between the political executive and public service will be clearly established (by the Code) based on the principles of political neutrality, professional excellence and integrity,” says the draft.

    Any breach would incur punishment ranging from a reprimand, a reduction in classification or salary to termination of service.

    The author of the code, the Central Authority, which will play a pivotal role under the Act, will remain free of political interference. Chairperson and members of the Authority shall be appointed by the President on the recommendations of a Committee comprising of the Prime Minister, a Supreme Court judge and the Leader of Opposition in the Lok Sabha.

    ... contd.

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