CIVIL SERVICES BOARD (CSB)
Indian Administrative Service (Cadre) Rules, 1954, were amended by the Union government in 2014, to give effect to the apex court’s direction to set up the CSB and fix minimum tenure in a post for IAS officers.
Need of Civil Services Board
- To curb transfers
- To curb transfers as an instrument: Transfers are often used as instruments of reward and punishment.
- Requirement of proper transfer policy: A bureaucrat is still averaging only about 15 months in a posting, which is considerably less than three to five years.
- For better administration
- Rule-based administration: With the security of postings, officials will feel secure and try to stick to the rules instead of pleasing political bosses.
- Stability in administration: Officials require 3-6 months to adjust at a new place of posting. Staying there for two years would ensure stable tenure for people.
- Improving standards of administration: Reduction in frequent and arbitrary transfers of officers before completion of a reasonable tenure on any post will improve standards of administration.
- Instrument of public policy: Fixed minimum tenure would enable civil servants to achieve their professional targets and help them function as effective instruments of public policy.
- Other benefits
- Reduce political interference: With the security of postings, officials will be able to make independent decisions, hence away from political interference.
- To prevent corrosion of the moral basis of the independence of civil services: Arbitrary appointments, promotions, and transfers by political superiors led to corrosion of the moral basis. [NCRWC 2000]
- Reduce black money: It will curb the “Transfer industry” as frequent transfers generate huge amounts of black money for corrupt officials and politicians.
Challenges/Issues with Civil Services Board
- Implication of officers: If the political leadership doesn’t like an officer, since he/she cannot be transferred, there is a possibility of the officer being implicated in a case to break him.
- Encroachment in State Domain: Appointment & transfer of IAS officers are a prerogative of the state, but CSB will overstep the authority & jurisdiction of the state government.
- Functional problems: If their term is fixed, it will create functional and administrative problems. Officials may use this wrongly to get favors.
- Recommendatory in nature: The CSB only advises while the final appointments are made by the government, which can be changed by giving reasons in writing.
- Compliance issue: Only 20 states have formed CSB till now, the latest being Punjab in June 2020.
Supreme Court directives [2013] [Static Information] Supreme Court in T.S.R Subramanian and others v. Union of India laid the following things:
- Civil Services Act: Parliament to enact a Civil Services Act under Article 309.
- Civil Services Board: To be set up under Civil Services Act to guide and advise the political executive in transfers and postings, disciplinary action, etc.
- Minimum tenure: Deprecating repeated transfers, minimum assured tenure ensures efficient service delivery and also increased efficiency.
- Recorded instructions: Civil servants respond to only recorded instructions and refrain from acting on oral instructions of political bosses, except in certain exceptional circumstances.
- Good Governance: The views of CSB also could be overruled by the political executive, by recording reasons, which would ensure good governance, transparency, and accountability in governmental functions.
- RTI Act: By acting on oral directions, not recording the same, the rights guaranteed to the citizens under the RTI Act could be defeated and would give room for favoritism and corruption.
Composition of Civil Services Board [Static Information]
- At the Union level
- Head: Cabinet Secretary.
- Members: Personnel Secretary, an establishment officer of the status of additional secretary, and a Secretary to the Government of India.
- At the State level
- Head: Chief Secretary of a state.
- Member: Senior most additional chief secretary or Chairman, Board of Revenue, Financial Commissioner, or an officer of equivalent rank and status.
- Member secretary: Principal Secretary or Secretary, Department of Personnel in the State Government.
Way forward
- Civil Services Act: Needs to be enacted to make the Civil Services Board/Establishment Board both in the States and in the Centre [Hota Committee, 2nd ARC, Surinder Nath Committee].
- Fixed tenure: Necessary for good governance as well as a politicization of civil services.
- Grounds for rejection of CSB advice: Recommendations of the Civil Services Board aren’t rejected by the governments on frivolous grounds by laying down certain criteria.
- Ombudsman: An officer transferred before his normal tenure even under orders of the Chief Minister can agitate the matter before a three-member Ombudsman [Hota Committee].
- State Civil Services Board: All states must constitute Civil Service Boards at the earliest. If required, Parliamentary legislation may be brought in this regard.