--- title: "Vol 2 1" book: "PG MPUB 203 (2nd Sem) Personnel Administration & Human Resource Management" category: "PG MPUB" publisher: "Ratan Prakashan Mandir Pvt. Ltd." type: "Educational Material" ---  According to Latest Syllabus Read For Sure Success In University Examination RATAN TEXT BOOK PERSONNEL ADMINISTRATION AND HUMAN RESOURCE MANAGEMENT Vol-2 M.A.Pub.Ad. (Sem-II) Dr. Atul Bhardwaj Published by Ratan Prakashan Mandir Pvt. Ltd. 2nd Floor, Centre Plaza, Parinay Kunj, Lajpat Kunj Marg, Agra-282002 Copyright Authors & Publishers Published by Ratan Prakashan Mandir Pvt. Ltd. 2nd Floor, Centre Plaza, Parinay Kunj, Lajpat Kunj Marg, Agra-282002 ISBN :978-81-69604-13-0 Price 215.00 only Printed at : KIDS INTERNATIONAL PVT. LTD. C-60, 61, 62, 63, EPIP, Shastripuram, Agra - 282007 Ph. : +91 9719004921 UNIT-10 ADMINISTRATIVE ETHICS, CODE OF CONDUCT Structure 10.1    Introduction 10.2    Learning objectives 10.3    A code of ethics for Public Administration Self-Check Exercise-1 10.4    Main Area of Administrative ethics Self-Check Exercise-2 10.5    Conclusion 10.6    Glossary 10.7    Answer to self-check exercises 10.8    References/Suggested Readings 10.9    Terminal questions 10.1    INTRODUCTION The word ethics derives from ethos, the Greek term for the particular character or disposition of a people, society, or culture. In contemporary English usage, it refers, at least in the context that concerns us to moral rules. To say that an act is ethical, therefore, is to say that it is morally defensible. In general, we make determinations about the morality of an act by holding it up to a general standard such as “Taking the life of another human being is wrong’ or “You should never tell a lie.” Some of these standards may be codified in civil or criminal law, in which case everyone in society is required to observe them. Other ethical standards may be rooted in general social mores, violations of which lead to disapprobation but not legal penalty. In American society, for instance, it is widely considered unethical to take advantage of someone in a business transaction, even when doing so is not strictly illegal. Still other ethical standards may pertain only to specific social groups; in some religious and moral traditions, for example, it is thought to be unethical to slaughter animals for food in other than a prescribed manner, while others disdain eating meat altogether. Such group-specific ethics have also evolved in many established professions and occupations us as law, medicine, and journalism. Legal ethics, for instance, proscribe attorneys from representing some involved in an adversarial proceeding with an individual who is already a client of that attorney. Med ethics guide physicians’ decisions on administering life-prolonging drugs to terminally ill patients. Professional ethics forbid 131 journalists from revealing confidential news sources. In cases such as these, whatever sanctions there may be against violators of professional ethics are levied, at least in the first instance, by the profession itself. 10.2    Learning objectives After going through this lesson, the students will be able to know: 10.2.1    the concept of ethics and code of conduct 10.2.2    The Ethics for Public Administration 10.2.3    The area of Administrative Ethics 10.3    A CODE OF ETHICS FOR PUBLIC ADMINISTRATION The American Society for Public Administration exists to advance the science, processes, and art of public administration. The Society affirms its responsibility to develop the spirit of professionalism within its membership and to increase public awareness of moral standards in public service by its example. To this end, we, the members of the Society, commit ourselves to the following principles: 1.    Service to the public is beyond service to oneself. 2.    The people are sovereign and those in public service are ultimately responsible to them. 3.    Laws govern all actions of the public service. Where laws or regulations are ambiguous, leave discretion, or require change, we will seek to serve the best interests of the public. 4.    Efficient and effective management is basic to public administration. Subversion through misuse of influence, fraud, waste, or abuse is intolerable. Employees who responsibly call attention to wrongdoing will be encouraged. 5.    The merit system, equal opportunity, and affirmative action principles will be supported, implemented, and promoted. 6.    Safeguarding the public trust is paramount. Conflicts of interest, bribes, gifts, or favours that subordinate public positions to private gains are unacceptable. 7.    Service to the public creates demands for special sensitivity to the qualities of justice, courage, honesty, equity, competence, and compassion. We esteem these qualities, and we will actively promote them. 8.    Conscience performs a critical role in choosing among courses of action. It takes into account the moral ambiguities of life and the necessity to examine value priorities: good ends never justify immoral means. 9.    Public administrators are not engaged merely in preventing wrong, but in pursuing right through timely and energetic execution of their responsibilities. • Self-Check Exercise-1 Q.1 Write a short note on ethics. Q.2 Discuss about the code of ethics in public administration. 10.4 MAIN AREAS OF ADMNISTRATIVE ETHICS 1.    Necessity for building administrative ethics as a (sub) discipline Administrative ethics implies applying general moral rules to specific sphere of human relations, that is to say administrative relations. Some of the most important areas of applied ethics today concern the ethics of administration. In spite of the fact that public administration is very old institution, administrative ethics is still undeveloped and it longs for specific moral rules that cover maybe the most important area of human relations -administrative relations. But it is the same with other kinds of applied ethics such as business ethics, medical ethics etc. Not earlier than twenty years ago it has been started organized and methodical discussion about ethical questions in the work of public administration. For this reason, administrative ethics has not been built yet like a particular discipline of applied ethics. There are few law schools in the world which have administrative ethics in their curricula. Ethical themes are most often discussed within the parts of administrative law of philosophy of law. Where is the necessity for building administrative ethics from? Sporadic treatment of ethical questions that occur in the work of public administration (read: government, the state) does not meet the expectations of the citizens today. They wish government to be ethical one just they expect from any other kind of business. Endeavours to make analogy between government and business (looking at the govemment like a big business) impose the question whether administrative ethics is the same like business ethics or something else? If we accept congruence between administrative ethics and business ethics than we shall ignore the main difference between the world of government and the world of business. It is said for administrative relations that affected parts do not enjoy same rights-public official is always entitled to enforce the law and citizen is always obliged to do what is commanded. Parts in business relations are equal regarding their rights and duties. State and civil society are two different spheres of life at least since French revolution But organizing principle for the both has been the same: bureaucracy. That organizational similarity between the world of government and the world of business misted the fact that administrative relations were and still are imperious. Only this feature of administrative relations is enough to justify development of administrative ethics as an applied ethics sui generis. Of course, there are similarities between administrative ethics and business ethics but the differences are so expressive that prevail the first. The other reason that justifies establishment of administrative ethics as an applied ethics in generis is importance of public administration for modem man. Practically there isn’t a segment of man’s life covered by public administration that longs for ethical solutions. Modem state is not only Leviathan who keeps the order and supervise the economy. On the contrary, more than ever it has an active role in our lives-making them better. And it must do that, indeed, 2.    Theoretical foundations of the state-citizens ethical relations The whole political philosophy has been an attempt for solving the basic question of human existence: coordination problem. Is the state (and therefore-public administration) necessary for human condition? If it is so, what kind of state is the most plausible? Before all, administrative ethics has to answer to these questions. It must lend the solutions from political philosophy. In all likelihood, central question of political philosophy could be reduced to the following: what is the essence of the state-civil society relation? For the ancient Greeks the answer was obvious. They thought res private and rex publica were the same thing. The break came afterwards. Modern age made an effort to re-establish broken unity between state and civil society. Rousseau bashfully and Kant and Hegel explicitly were the torchbearers of the new age. For Hegel, an individual is nothing without the whole organized by reason. The whole (the state) makes an end to the individual in his/her individuality enabling him/her to become real individuum within the same wholeness. The state is, both in philosophical and existential sense, necessary part or aspect of human nature. An individual couldn’t be conceived without state, he/she finds his/her perfection in the state. The state is the only association that allows individuals to redeem their humanity and has moral superiority over them Socialist and communist revolutions didn’t realize promised unity of the state and civil society. They only led to nomenclature which was striking example of mentioned disunity. Moreover, postmodernism argues that the whole system 134 sinks into indeterminism, whole reality is being absorbed by hyperreality of the code and simulation. All great humanistic criteria of value, criteria of the whole civilization regarding morality are being deleted in our system of pictures and symbols. These are tough questions and administrative ethics has to deal with them if it is aimed at philosophical dignity. 3.    Standards and values in public administration Standards and values in public administration have to be consistent with standards and values in wider environment. These are not often created by public officials themselves. Most frequently these are created by political bodies and public administration is only a medium or agency for their implementation In many cases values are not explicitly given and public officials have a difficult task to recognize and to enforce them. Discretion of public officials means that they are entitled to look for the purpose of the law Law itself has a lot of emptiness that allows public officials to have active role in determining its purpose Sometimes the purpose of the law is not clear and there is a need for interpretation. All these activities of public officials are not value free but involve biases of one or another kind. It is to be noted, that not all standards and values in public administration are ethical. Some of them are unethical and the task of administrative ethics is to make clear distinction between right and wrong standards and values. For better understanding of these it is useful to employ Van Wart’s scheme of the five value sources used in decision making in the public sector. He suggested five major sources of values as following: 1)    individual values (integrity, i.e., honesty, consistency, coherence and reciprocity). These are aimed to “urge public officials to demonstrate the highest standards in all activities to inspire public confidence and trust in public service”; 2)    professional values which are directed to “strengthen individual capacities and encourage the professional development of others”; 3)organizational values which encourage public officials to “strengthen organizational capabilities to apply ethics, efficiency, and effectiveness in serving the public”; 4)    legalvalues can be broadly defined as the Constitution; the federal, state, and local laws; the rules and regulations that articulate the laws; judicial rulings interpreting laws; and the ethics that celebrates the state as a Reich der Zwicker and holds due process as a basic human, as well as political, value. These are aimed to encourage public officials to “respect, support, and study government constitutions and laws that define responsibilities of public agencies, employees, and citizens”: 5)    public interest values go far beyond mere compliance to the politically determined will. There is disagreement about just what the public interest is. In public sector employment it is honourable for public officials to “serve the public, beyond serving oneself. This is the point that hides the unimagined possibilities of administrative ethics. Perhaps the main task of administrative ethics is to define what the public interest is in any particular situation. Perhaps the most interesting area of administrative ethics should be moral development of public officials. It is notorious that bureaucracy doesn’t allow people to grow up or that it makes persons of mature years to behave immaturely. Can employees in public administration reach full moral development according to Kohlberg’s scheme Public administration as a bureaucratic organization par excellence has its own personality: that is to say, it is capable to learn, to memorize, to be conscious and to have conscience. In other words, public administration represents a milieu in which people can be socialized. Moral development of public officials must become an obsession of public administration: the new paradigm of moral development must be established to offer a new design and programme for public officials and functionaries in moral education through public administration ethical socialization. Functionaries in public administration have to define clearly basic problems in value system and ought to be in continuous contact with organizational conscience. Through discussions with colleagues and subordinates they have to direct organizational reflexiveness and evaluate consistence of public administration ethical image with its own value system as well as with its own operative versions of general ethical principles. Special attention must be devoted to projection of public administration ethical image that ought to keep it on right direction through management of corresponding symbolic pictures for the sake of reaching minimal ethical consistence. In this regard, functionaries in public administration ought to choose adequate ethical symbols that reflect its policy as well as activities through which its ethical conduct will be expressed and its image will be made more acceptable. For this purpose, theory of impressionistic management or leadership is at their disposal. 5.    Ethical conduct of public officials Public administration is usually evaluated according to ethical or unethical conduct of public officials. Requested impartiality and disinterestedness of public officials isn’t enough anymore. The real question for administrative ethics must be the following: is it enough for public officials today to accept only Weber’s principle et studio or they must apply more moral rule than Weber’s cold and impersonal one? Even the golden rule is not enough for the 136 citizens’ needs today. May be its positive interpretation would be plausible not only for the ethical relations between public officials themselves but for the ethical relations between public officials and citizens. In any case. commitment and devotion of public officials must be more universalistic if the state is going to be real res publica. Especially in the case where public officials have a lot of discretion to enforce the law by their own will. What criteria will they use? There are hidden dangers in golden rule and ethical theory and practice proved that very well. (Remarkable example is conduct of new appointed public officials in so called transitional states who changed golden rule for the talion principle, especially towards the members of former socialist or communist parties. Lustration has been legalized in Serbian parliament recently and public officials who were or still are the members of socialist party, in spite of their professionalism, will be moved [read: fired] from their positions in public administration.) The old wise saying that the law is for the enemies and not for us proved its validity once more again. Cynics would say it is not ethical but it is practical. Administrative ethics has a difficult task to eradicate egoism from public officials and transform amour-propre in amour de so we want state to be ethical in Kantian and Hegelian sense. 6.    Ethical attitude toward the nature and the wild world Due to work of Peter Singer, ethics doesn’t concern for the human relations only but for the relations between the man and the nature too. Public administration has an enormous responsibility to prevent devastation of the nature and the wild world, especially regarding implementation of the laws prohibiting pollution of the nature. What quantities of harmful materials are allowed to leak out? The spirit of the law must have priority in such cases. And public officials are the first who are invited to go beyond the letter of the law. One more task for administrative ethics. • Self-Check Exercise-2 Q.1 What are the main area of administrative ethics? Q.2 Write a short note on ethical conduct of public officials. 10.5    CONCLUSION These gross modo thrown ideas about the main areas of administrative ethics say that there is a room for administrative ethics. Some well - known themes that make an unavoidable part of administrative ethics (like bribery, corruption, sexual harassment etc.) have been neglected 137 deliberately. Maybe these days are the genuine ones for starting thinking about global administrative ethics principles. 10.6    GLOSSARY Ethics. : It refers, in the context that concern us to moral rules. Code of Conduct: The discipline and the ethics to be performed by the employees in the organisation. 10.7    ANSWER TO SELF CHECKEXERCISES Self-Check Exercise-1 Q.1 Refer to section 10.3 Q.2 Refer to section 10.3 Self-Check Exercise-2 Q.1 Refer to section 10.4 Q.2 Refer to section 10.4 10.8    REFERENCES/SUGGESTED READINGS 5.    S.R. Maheshwari “ Indian Administration” New Delhi. 6.    s S.L. Goel “Personnel Administration & Management” New Delhi. 7.    https://mpbou.edu.in/uploads/files/Cyber_Attacks_Counter_Measures_User_Perspective.pdf 8.    https://www.wbnsou.ac.in/online_services/SLM_UGC_DEB/UG/SOE/HED/2nd%20Year/CC-ED-05.pdf 9.    https://chhattisgarh.pscnotes.com/cgpsc-mains-updated-paper-v-philosophy/ethical-elements-in-administration-honestyresponsibility-transparency/ 10.9    TERMINAL QUESTIONS 1.    Discuss the Code of Ethics for Public Administration. 2.    What are the main areas of Code of Ethics for Public Administration UNIT-11 EMPLOYEES - EMPLOYER RELATIONS, RIGHT TO FORM ASSOCIATION UNIONS, INSTITUTIONS ARRANGEMENT FOR SETTLEMENT OF DISPUTE IN INDIA AND UK Structure 11.0 Learning Objective 11.1    Introduction 11.2    Right to Organise 11.3    Right to Strike 11.4    Negotiation, Consultation and Settlement of Dispute 11.5    Employer-Employees Relations in UK and India 11.6    Conclusion 11.7    Self Check Exercise 11.8    Glossary 11.9    Answer to Self-Check Exercise 11.10    Terminal Questions 11.0 LEARNING OBJECTIVE: After learning this lesson, the student will be able to know -Concept of Employees and employer -Right to organise or to form association -The Right of the strike -Negotiation and Settlement of Dispute between employees and employer -Whitley council in United Kingdom 11.1 INTRODUCTION With the dawn of democratic idea’s, the employer-employee relations in public serviceunder-went a sea-change. Traditionally the civil servants were treated as the soldiers who should have unquestionable obedience to the order of the Government of the day Pay, allowances and service conditions of the employees were fixed without consulting them. In the private sector, the employees organized themselves and adopted the militant methods employees organized themselves and adopted the militant methods of getting better service conditions. They were successful is getting better emoluments and service conditions. This led to thinking in the public employees also that in order to ensure improvement in their service conditions, they should organize themselves and make joint and united efforts. Development of employer-employee relations and labour-management relations in India has taken place because of certain historical reasons. Government of India intervened in the private sector to ensure better service conditions to the employees. Naturally, the Government, thus, could not deny the same rights and facilities to its own employees. The words like “collective bargaining” and “joint consultation”, also came in use in public employment after their use private employment. In the collective bargaining the parties are expected to reach an agreement on wages and other conditions of employment and the terms of agreement are put into effect. The discussions in joint consultative bodies usually relate to the exchange of information and the consideration of the suggestions for improving safety, health and welfare and increasing productive efficiency. The finds to such discussions generally take the shape of recommendations leaving the final decision to the management. With the above introduction on employer employee relations, the whole problem can under the following heads: (1)    Right to Organize, (2)    Right to Strike, and (3)    negotiation. Consultation and Settlement of Disputes. Above heads can be discussed as follows: Right to Organize: Public employees in many countries have demanded the right to organize, to form associations, to participate in public affairs even to the extent of contesting elections and canvassing for the candidates of their choice during elections. They demanded better service conditions and all the freedom as granted to an ordinary citizen. In public organizations we find highly formalized relations between the employees and the government. Civil services unions make it difficult for the government to adopt dictatorial means with respect to the matters which affect the employees’ interests. Government have recognised many benefits from the employee’s unions. According to O. Glenn Stahl these benefits are: (1)    The Union makes it possible for employees to express their point of view to the legislative branch and the management as a whole. (ii)    The convenience a union provides when management honestly wants to secure the real opinion of employees as a group rather than to rely wholly to the faculty distillation of opinion that slowly filters through the supervisory lines. (iii)    It provides a feeling of identification with the securing of certain personnel objectives that is not present when the solution to personnel policies-even when they are highly acceptable is handed to workers by management. Even employees want to do something for themselves, no matter how enlightened an organization’s personnel administration is. (iv)    A voluntary employees organization provides an outlet for natural social aspirations of employees. The other two important dimensions of right to organize civil services association and (b) Right of the civil servants to join ‘a political party. We would like to discuss these dimensions with reference to the actual position and practice in different countries. United Kingdom: Civil Servants in United Kingdom are free to form their own associations (civil service associations can also seek affiliation with the trade unions. In fact, Association representing postal, clerical and similar other workers are affiliated to the trade unions. However, Association representing professional, executive and administrative civil servants have not affiliated with the trade unions. As far joining a political party is concerned, the civil service unions have been forbidden to use any general fund for political purposes. Civil service unions procedure. In actual practice, only the Union of Post Office Workers is affiliated to the Labour Party. No other union is affiliated to any other political party. United States of America In the U.S.A., the federal employees can become member of any employees organizations which does not impose upon them the duty to go on strike. The restriction of their right to associate has been imposed by the Lloyd La Follet Act of 1912 as amended subsequently. However, as a matter of practice, the civil servants have their own associations comprising of well-defined categories of workers. Some of the examples of these categories skilled workers; (b) different occupational groups within the postal service, such as, better-carriers, clerks and postal supervisors; and (c), the federal while collar workers. However, these unions are affiliated to the American Federation of Labour (A.F.L.) India In India, the civil servants can form associations. However, they cannot become member nor continue to the members of any association which has not been recognised by the Government within six months of its formation of the recognition to which has been refused or withdrawn. Government has laid down following conditions for recognition: (I)    No person, who is not a Government servant, should be connected with affairs of the Association, (ii)    The executive Association should be appointed from amongst members only, (iii)    The Association should not expose or support the cause of Individual Government servant; and (iv)    The Association shall not maintain any political fund or propagate me view of any political party or politician. However, the mines regarding non-railway industrial staffs and railway staffs (consisting 70 per cent of the total staffs under the Central Government) are more liberal. Their Associations are not prohibited from maintaining a political fund. However, in India a lot of difference can be observed in what has been practised and what has been prescribed. In actual practice many Associations which have not been recognised by the Central Government or by State Governments are working with the same case as those which have been duly recognized by the Central Government or State Government. There are many factions in the Association and some leaders do organize parallel associations on their own names. Though an association do not maintain political funds for any political party, the employees especially their leaders are highly political party, the employees especially their leaders are highly politicising. They do support certain political parties and some of them almost openly canvass for and against certain political parties or candidates during elections. 11.3 RIGHT TO STRIKE The question of right to strike especially in the public organization is perhaps the most controversial one in employer-employee relations different views have been expressed on this issue. Some are in favour of allowing the right to strike to the public servants. They are of the opinion that the public servants should ex be treated as dumb bounded labourers. They should have full right to demonstrate against the highly intolerable conditions of service and thereby enlist public co-operation and sympathy. Second view by the public servant because of their special status and responsibilities. Third view is that strike in the service vital to the very existence of the community, should be totally banned. All the above mentioned three views can be discussed as follows; The first view has been supported by following eminent writers: According to W F. Mosher, “the prohibition of strike to civil service regulations cannot be justified either in logic or in political philosophy. To deny to any group of employees the right to strike against intolerable conditions is to reduce them to a form of slavery”. Supporting the right to strike by employees. Awasthi and Maheshwari have expressed the opinion that “the employees should have the right to demonstrate in order to arouse public their redress, and they should have ultimate sanction of a worker to withdraw his labour. It is, thus, argued that there is no valid reason why Government servants should not have all the rights of other employees and the Government the limitations of other employees. A distinction should be made between the State as an employer and the State as sovereign body.” Sterling D. Spero has advanced following reasons for allowing the Government employees the right to strike: 1.    Mere denial of the right to strike will not by itself prevent strikes, if the employees believe their grievances to be so great, as to assume risks. 2.    The danger of complicating the otherwise simple problems of employer-employee relations as major issues, calling for drastic discipline and use of repressive methods. 3.    The alternative to the vastly enhanced power of expanding government is a free trade union movement. PA James and V. Bhaskar Rao have also observed that “The experience of the past has amply proved that prohibition of strike was not only unpalatable to the employees, but it was in sense a guarantee that government would be in a position to solve the problems leading to strike adequately.” Equally powerful arguments have been given by those who oppose the right to strike. According to B. Shiva Rao, “A general strike of Government employees, however, it might be described by its leader, is a political weapon. Its success must mean the collapse of the administration and that no Government can permit.” Similarly, according the Awasthi and Maheshwari. “A strike by civil servants is a piston 143 aimed at the very people whom they are supposed to serve.!! Government employee are already a privileged class. A strike by them, therefore cannot be justified. Moreover, such militant means of resorting to strike to not behave civil servants. President Franklin Roosevelt of U.S.A. was of the view, “particularly I want to emphasize my conviction that militant tactics have no place in the functions of any organization of government employees. Upon employees in the Federal Service rests the obligation to serve the show people, whose interests and welfare require orderliness and continuity in the conduct of government activities. The obligation is paramount. Since their own services have to do with the functioning of the government until their demands are satisfied. Such action, looking towards the paralysis of government by those who have swum to support it, is unthinkable and intolerable.” The Administrative Reforms Commission (1966-70), set up by the Government of India also recommended: “We wish to record as our considered view that strikes are out of place in government departments. A government servant holds a special position in society in that he is a part of the machinery the administration on whose uninterrupted and efficient functioning depends the wellbeing of society, nay its very survival. In whatever situation he may be functioning, his work and conduct have a direct effect on the people. This places him in a privileged position from which he exercises power and commands respect Society can, therefore, rightly expect of him in return to behave an action of his, in these days, when the effect of Government activities is au pervasive, a stoppage thereof, been it even for a short period, will cause widespread distress to the community. So, whatever grievances a government servant may have, either as an individual or as a member of a group of government servant’s redress must be sought invariably though a suitable machinery for negation and in no case through resource to coercive measures that disrupt the smooth functioning of the administration.” Then we have their view about the strike according to which the strike should not be allowed in public utility and strategic services. However, in other service, the right to strike may be allowed. L.D. White has expressed this view when he said. “A strike that would bring direct, immediate, certain and serious damage to a primary interest of the community should be prohibited by law, with adequate sanctions, but also with adequate means to secure full public consideration and solution of the issues involved. In other cases, the law should remain silent. The criterion of distinction is, therefore, the consequence of a strike upon the public interest, 144 not the status of the employer.” There is one more view about the right to strike, that is, if the government and the people want to maintain a peaceful and “no strike philosophy” for the civil servants, it is considered necessary to treat the employees as first class citizens.” Otherwise no amount of strike prohibition is going to be effective. O. Glenn Stahl has further added that public employees should have a right to expect: 1.    An affirmative right to organize and be represented in collective negotiations with government authorities. 2.    Pay and benefits to be comparable to those for equivalent employment in the general community. 3.    A reasonable method for impartial settlement of grievances. 4.    A reasonable method for resolution of disputes that cannot be settled by negotiation, with the final arbitrating authority vested in an impartial governmental body, superior to the administrative entity involved in the dispute, Right to strike can further be discussed with reference to the position prevalent in the different countries. United Kingdom Strike is not prohibited by law in the United Kingdom. It a civil servant goes on a strike, he commits no penal offence. However, a strike is considered as a disciplinary offence and whether a civil servant goes on a strike, a disciplinary action can be taken by the Government according to the gravity of the situation. In actual practice, the civil servants do not frequently go on strike. However, the strikes in coal mines and public transport are more frequent in U.K. United States of America Strikes by the civil servants have been prohibited by law Strike by any employee of the Government by United States of America of any of its agencies or public corporation has been made unlawful by the Labour Management Relations (Taft Harley) Act 1947. This act has imposed following penalties for those who violate the provision by resorting to strike; discharge from employment, forfeiture of civil service status, and ineligibility for re-145 employment in government service for three years. Ban on strike has further been made stringent by Public Law 330-48th Congress, earned in 1955. According to this law “no person shall accept or hold office or employment in the Government in the United States or any agency thereof, including wholly owned Government Corporation, who participate in any strike, or asserts the right to strike against the Government of the United States or such agency, or is a member of an organization of Government employees that asserts the right to such strike.” India - Position in India is similar to that in the United Kingdom. Like the United Kingdom, strike has both been prohibited by law. It is only a branch of discipline. The Central Civil Service (Conduct) Rules, 1955, now 1964, forbid a Government servant from participating in any demonstration or resorting to any form a strike in connection with any matter pertaining non-industrial staff which is about 30 per cent of the total strength of Central Government employees. No such restriction is applicable to industrial staffs, except those in the Railways, both industrial and non-industrial, which consists of 70 per cent of the total strength of Central Government employees. Similar disciplinary provisions also exist for the State Government employees in the Civil service conduct) Rules framed by the different states for their own public organization employees. However, because of the frequency of strikes, the damage done the republic property, and public inconvenience caused by the strike, the Government of India have enacted Essential Services Maintenance Act, 1968. This Act has authorised the Government of India to declare any service as essential service, prohibits strikes in essential services, and provide for penalties for persons participating in prohibited strikes or instigating and financing such strikes. Despite all this, strikes in India have become more frequent and it may not be an exaggeration to say that the strikes have become a way to getting things done in administrations. For this both the Government and the employees are to blame. Other Countries-Strikes by the civil servants have been declared unlawful by the countries like Australia, Canada, Japan, Switzerland, etc. However, Finance is the only country in the Western World which allows the right to strike. 11.4 NEGOTIATION, CONSULTATION AND SETTLEMENT OF DISPUTES - Under the present day circumstances, none of the countries can afford to deny her civil servants to form associations. If the civil servants are to be denied the right to strike and demonstrate again the unjustified service conditions, they have to be provided with a machinery for negotiation, consultation and settlements of disputes. Now we are in an age of participative management.” All the counties are realising the importance of human relations in administration. They are also providing for the negotiations as representatives of the employees for the settlement of service conditions, pay scales, etc. Employees Associations are also consulted for making certain changes in case of any difference of opinion or disputes, there are different types of machineries for the settlement. There are also provisions for compulsory arbitration. We would like to discuss machinery for negotiation, consultation and settlement of disputes as prevalent in many countries United Kingdom - Employer-Employee relation in the United Kingdom are governed by Whitley Councils established after the name of J.H. Whitley. These councils have been established to have periodical discussions at various levels between the representatives of the government and those of the employees. These councils have been set up with a view to have full co-operation between the official side and the staff side and to provide for a machinery for the redressal of the employee’s grievances. Whitley’s was introduced in U.K. 1919. Whitley councils were set up at three levels-national departmental, and local. These councils are not hierarchical in nature. These are-independent of one another. The national council deals with ail matters affecting the service as a whole. The departmental matters and local councils with local matters and local councils with local matters. The National Council has total membership of 54 members, 27 from the official side and 27 from the staff side. The official side consists of Heads of Departments, with a few Deputy Heads and Treasury Officers of lower rank. The staff side consists of the representatives major groups of staff associations. The Chairman is from the official side and the ViceChairman does not preside. However, a member from the official side presides. There are four Secretaries for the council-two from the official side and two from the staff side. Similarly, a Departmental Council has both the official and the staff sides. The official side consists of the senior officers of the Department and its Establishment Officers. These official members are appointed by the Minister or by the head of the Department. Head of the Department is usually the Chairman of the Department Council and a member of the Establishment Division is usually its secretary. The staff side is appointed by the associations represented in the department. The-procedure of working of Whitley Councils is quite simple. According to the Constitution, the meeting of the National Council “shall be held as often as necessary and not less than once a quarter.” “A special meeting of the Council shall be called by -the Chairman of Vice-Chairman as required”. Much of the business is carried on through committees and, personal contacts. They do not recourse to voting. When a decision is arrived at it becomes generally operative subject to the approval by the Cabinet. Generally, both sides try to reach an agreed decision. Much has been written in praising the Whitley’s in the United Kingdom. Several countries have admired the British Government for adopting Whitelyism as a device in the area of human relations. According to M.A. Muttalib, “Whitelyism in the civil service is a standing proof of its creative genius in the twentieth century, for it claimed to have promoted a spirit of spirit de cops in administration. Writing about the origin of Whitleyism in U.K. Phiftner and Presthus have expressed that Whitleyism originated at a time when persons on the official side tended to be rather aloof and uncommunicative with employees, while employers leaders were accustomed to the militant and aggressive towards administration. Information in the working of Whiteyism is the main reason for its success. Official side tries its best to come up-to the expectations of the staff side. Through the Councils have been precluded from discussing the individual cases the official side to discuss individual cases also to satisfy the staff side. This role has been discussed by Douglas Houghton in IS lecture at the Indian Institute of Public Houghton in his lecture at the Indian Institute of Public Administration on December 10, 1957. He has rightly remarked: “It is really a study in human relations in which each side has something to give, each side something to gain.” 1.    Despite all the merits, the Whitley Councils has following limitations: The Whitley Councils cannot relieve the Government of any part of its respectability to Parliament. Ministers and the heads of departments have to function and take action in public interest. Heads of department many a time act as the agency for announcing the Government policy and discussing it with the staff side Douglas Houghton has rightly said, “Agreements are not reached and subsequently reported to Ministers. They are authorized by Ministers before they can be reached.” 2.    The Whitely Council discusses only small matters called “bread and butter questions”. They do not discuss issues of great importance and thus do not have, an effective share in the administration. The Civil Service Arbitration Tribunal: It was set up with the agreement between the official and the staff sides. It comprises of a Chairman and two members. Once member drawn from the official side and one from the staff side. The member from the official side is drawn from a panel representing-the Chancellor of the Exchequer. The member from the staff side is drawn from a panel representing staff side of the National Whitley Council. The Chairman is a distinguished lawyer. At a hearing the Tribunal comprises of the Chairman and a member drawn from each panel. In case of disagreement, the Chairman has the right to give an umpire’s award. Arbitration is compulsory with regard to pay, hours of work, and leave. Parliament can accept or reject an award of the Tribunal. However, it is rejected only in the rare cases. Thus, we find a great cooperation and understanding between the official side (representatives of the government in its capacity as employer) and the staff side (representatives of employees) in the British administrative system. United States of America: In the United States of America, there is no machinery like the Whitley Council of United Kingdom. No special Institutions have been created for negotiation. However, they have provided many other devices for ascertaining the views of staff association or many Government policies. Whenever, some new programme is to be started or new policy is to be implemented, it is given a wide publicity. The associations are asked to give their opinions on those programmes and policies. The associations express their opinions through their magazines, newspapers. Employees are also selected to represent interests of different categories of employee groups. are consulted at a mutually convenient time with regards to many issues. The employee unions may also affect changes by petitioning congress for the passage of new laws. They may appeal directly to the President or to the heads of executive agencies. They are publicizing view through union journals. India: The First Pay Commission which also dealt on the machinery negotiating and setting the questions relating to service conditions of the employees submitted its report in 1947. Action of this repot was taken in July 1954 when the Home Ministry urged all the ministries to set up staff committees in July 1954. In 1957, the Home Ministry changed the name of Staff Committee to Staff Council. Welfare Offices were also appointed in each Ministry on the British model. In each Ministry two staff councils were thus set up. A Senior Staff Council was set up for Class II and III employees (now called Grade B and C) a Junior Staff Council for class IV employees (now called Grade D). On October 10, 1960, the government of India published a scheme to touring the above mentioned Staff Councils in line with the Whitley Councils. It was in October 1966, L.e. six years after the publication of the scheme that the scheme for Joint Consultative Machinery and Compulsory Arbitration was inaugurated. The Joint Consultative Machinery has not following objectives; (a)    To promote harmonious relation between the Government and the employees, and (b)    To increase the efficiency of the public service. The JCM covers all the regular Class III and IV (Now called Grade C and D) employees of the Central Government including industrial employees working in the departmentally run undertakings like the railways and workshops and production units of various ministries. It does not over class I and II services! (Now called Grade A and B) and other comparable service whose duties aw mainly ministerial and the managerial, administrative and supervisory staff in industrial establishment. It also does not cover-police and railway protection force The JCM is a three tier machinery established at the national, departmental regional lands. Each tier is completely independent of others in its composition and functioning. National Council It is the apex level body. Staff side consists of 25 members and official side has the maximum ‘memberships of 60 person. Appointments are made for the term of three years. The official side is appointed by the Central Government Staff side is nominated by the recognised Staff Associations. distribution of seats is fixed by the Chairman of the Council in consultation with the recognised Staff Associations. The Cabinet Secretary is the Chairman of the National Council. The Staff Side elects a leader from among its members. The official side and staff side have their own secretaries. It discusses matters like bonus, gratuity, remuneration, dearness allowance, family pension scheme, etc. It general meets once in months. Department Council - The JCM scheme provides for a Department Council for a department. There can, however, be a single council for the small departments under a Ministry. It deals with all matters relating to the conditions of service and work, welfare of employees, improvement of efficiency, etc. The official side consists of not more than 10 members. They are appointed by the Government. The staff side consists of 20 to 30 members depending upon the total strength of the staff and the number of grades and services in the Department. The staff side is elected at the staff association for a term of 3 years. The Secretary of the Ministry concerned is the Chairman of the Department Council. The staff side selects by a simple majority, one of its members as its leader for a period of one year. He is eligible for re-election. The official and staff sides may each appoint a Secretary or Secretaries from among its representations. The Departmental Councils ordinarily meet once in three or four months. A special meeting may also be called by the Chairman on his own or on the request of either official side or from the leader of the staff side. Regional and/or Office Councils These Councils deal with only regional or local matters relating to conditions of work, welfare, improvement of efficiency, etc. The strength of a regional/office council is determined by the size of the staff in a region or office. Official side consists of not more than 5 members and staff side not more than members. The head of the region or office is the Chairman of the Council. The staff side elects its leader for a period of one year and appoints a Secretary from amongst its members. In all other matters, the producers are mostly similar to that of the National and Departmental Councils Working of the JMC. Through the scheme of JCM, Government of India have provided a machinery for both the official side and the staff side to sit and discuss the problems of mutual interest. It is also a great source of understanding each other’s viewpoints. It also provides an opportunity to the staff side to ventilate their grievances. However, JCM has not been very much successful in India. Following reasons can be attributed for the lack of success of JCM. 1.    JCM lacks the spirit of give and take which is the main basis for the success of Whitley’s in the U.K. 2.    According to V. Bhaskar Rao,” it appeared that both the sides had little faith in the philosophy of participative management and industrial democracy to solve the problems by mutual discussion and through negotiation and consultation in a peaceful manner. This could be attributed to the bureaucratic behaviour of official and their socio-psychological and educational back-ground.”” 3.    The official side does not many times take the employees into confidence. This is because the civil servants in the upper Technion’s of administration still have faith in the traditional employer-employee relationship based on authoritarian tradition of sovereign control and unilateral determination of service conditions. 4.    There is a lot of outside interference in the working of trade unions and staff associations Political leaders make effort to use these bodies for their own benefits. Similarly, official side also try to use them. This way purpose of JCM is defended. 5.    There is a lack of genuine and effective leadership in the trade unions and staff association. They do have the true trade union spirit. Many a time instead of thinking in terms of making the services efficient and improving service conditions, the leaders work for other ulterior motives. 6.    Trade unions and staff associations have become highly politically motivated. Their main aim, perhaps, is striving for the better working conditions of their members. But, in actual practice, a lot of indiscipline and inefficiency has plagued the civil servants which can be attributed to a great extent to these staff associations. To sum up, there is the need for radical changes in fiscal policies, the administrative structure, the reorientation of the personnel managers and effective cooperation and participation of the employees is administration. Granted this change, there are valid reasons for being optimistic that, in future, it would be possible to maintain harmonious Civil Service staff relation.” Compulsory Arbitration It is a part of the scheme for Joint Consultative machinery and Compulsory Arbitration for Central Government Employees. Arbitration is done by a Board of Arbitration. This board consists of three members. one drawn from a panel of the names submitted by the staff side of the National Council and the third, a Chairman, who is an independent. The Chairman and members are selected by the Ministry of Labour. A Board of Arbitration was established in July 1968. Dr. Justice K.N. Wanchoo, Retired Chief Justice of the Supreme Court, was appointed as the Chairman of the Board. The jurisdiction of the Board is limited to following types of disputes: (a) pay and allowances, (b) weekly hours of work, and (c) leave of employees. Individual cases are not subject to compulsory arbitration. A matter is referred to arbitration when the official and staff sides fail to reach agreements on the grievance of the employees in the meetings of the National Councils. Generally, the Board gives unanimous award. However, if the members of the Board disagree, the Chairman makes an umpire’s award, but such a situation has not arisen so far. Employees have been benefited by the awards of arbitration. However, the utility of arbitration according the Bhaskar Rao has been limited because of the following reasons. Firstly, the jurisdiction of the arbitration is limited. Second, all matters are not arbitrable. Matters which are not arbitrable are decided through Joint Consultation between official and staff sides. Third, the government may regard certain matters, as matters of national importance or public policy. The government may reject arbitration of such matters. Finally, govemment appoints commission of such commission are not subject to arbitration for a period of five years. 11.5 Employer-Employee Relations in U.K. and India The British industries were begin continually plagued by labour trouble during the First Great War (1914-1918). Troubled by industrial unrest at such critical time in the country’s history the British Government set up, in October 1916, a sub-committee of ‘the Reconstruction Committee to examine the subject of the relations between employers and employees. The chairman of this sub-committee was J.H. Whitley-a Member of Parliament. This Committee recommended (in its Report finalised in 1917) that in each industry there should be constituted a national Joint Standing Industrial Council composed of representatives from the employees and the employed. To reinforce the representatives defectiveness it further recommended the establishment of local and works organisation at-lower level of industry. This structure was designed to settle the general principles governing the conditions of employment of works including the methods of fixing. paying, and readjusting wages. The Whitley Report recommended, among other things, the following functions to be performed by these representative bodies: 1.    Better utilisation of practical knowledge and experience of the working people. 2.    Means for securing to the work-people a greater share in and responsibility for the determination and observance of the conditions under which their work is carried on. 3.    Settlement of general principles governing the conditions of employment, including the methods of fixing paying and readjusting wages. 4.    Technical Education and training 5.    Improvement of processes, machinery and organisation, and appropriate questions relating to management and the examination of industrial experiments, with special references to cooperative in carrying new ideas into effect and full consideration of the work people’s point of view in relation to them, and 6.    Proposed legislation effecting the industry. Apparently, this report was originally meant for the private industry. Contrary to the expectation of the government the civil service clerical Alliance (a staff association of the time representing over 1,50,000 civil servants) and shortly afterwards the civil servants) Federation (representing over 1,25,000 civil servants) demanded application of the Whitley principles to the government servants. But the chancellor of the exchequer who dealt with questions concerning the civil service did not regard the civil service as an ‘industry and therefore ruled out the application of the Whitley Report to the field of Public Administration. The ambiguity was, however, resolved when another report from Whitley’s sub-committee (submitted in October 1917) clarified the position by observing: “In considering the scope of the matters referred to us we have formed the opinion that the expression employers and workmen’ in our reference covers state and municipal authorities and persons employed by them”. Consequently, by December 1917 he Chancellor of the Exchequer was heard saying in reply to a parliamentary interpellation that “the Government fully realises the importance of its setting an example in this matter. But a lot of further work was necessary before this ‘example’ could acquire a recognisable shape. In May, 1918 the government constituted an inter-departmental committee under the chairmanship of the then Minister of Labour GH. Roberts to examine this question further in consultation with J.H. Whitley. Reporting in October 1918 the Roberts Committee recommended constitution of Joint Industrial Councils for industrial civil servants and as a result in 1919 these bodies having a consultative role where set up. But the administrative Departments of the Govemment manned by the non-industrial civil service were yet without an institutional negotiating machinery. In October 1918 the Roberts Committee formed a sub-committee under the chairmanship of Sir Thomas Health the then Joint Parliamentary Secretary of the Treasury to consider whether the Whitley councils could be set up for this committee submitted its report in March 1919 and recommended that there should be constituted a national Joint Council for the whole of the Administrative Departments, Departmental Joint Committees for individual Departments, District Joint Committees and Sectional Committee for lower levels. It suggested that all these bodies should perform functions of a purely advisory and consultative nature. A provisional Joint Committee consisting of 15 officials representatives from the Civil Service Associations was constituted by the Chancellor of the Exchequer to consider both the Whitley Report and the Health Report, on 28 May 1919 the provisional Joint Committee submitted its own Report which is verify the constitution of the Whitley Councils as we know them today. This Report recommended the setting up of the Civil Service Whitley Council, Departmental Whitley Councils, and District audit office or works committees. On 3 July 1919 he schemes visualised in this Report became operative. The Whitley system as it functions in the British Government 28 their tiered arrangement of consultation and negotiation between what are called official side and the staff side although and this is important to bear in mind the two higher tiers are absolutely independent of each other. These are the Civil Service National Whitley or Regional Committees. Each of these bodies is discussed in what follows. The Civil Service National Whitley Council (NWC) The National Whitley Council comprises 54 members; half of them represent the employer, i.e., the Government (called the official side) and the other half the employees, namely, the civil servants (called the staff side). The permanent secretary in the Civil Service Department, who is the head of the Home Civil Service and the senior-most Civil Service and the senior- most Civil servant in the land, is the chairman of the council. It has a Vice Chairman also who, as a rule, is drawn meetings of the National Whitley Council; in his absence another member of the Official Side usually, nominated by the chairman presides. But the ViceChairman never presides. The council has 4 secretaries two of which are appointed by each side. The members from the official side are the Permanent Secretaries of the large Departments as well as senior civil servants of the Civil Service Department. They are all nominated by the Chairman. During 1922-1930 three members of Parliament used to sit on the official side but this experiment was not a success. Invariably, the MPs viewed the Civil Service problems from the political angle and, therefore, this practice was discontinuing on the Recommendation of the Royal Commission on the Civil Service (1929-31). Those on the Staff Side are annually elected by the staff associations and are generally, but not invariably, full-time staff association officials financed by membership subscription. The distribution of seats among the several staff associations is decided by mutual agreement. It is the considered policy of the Government to encourage the members of the Civil Service to join staff associations appropriate to their grades and nature of work although membership is not compulsory. The staff associations in the British Civil Service are hierarchical in their social composition representing definite cluster of the administrative hierarchy of levels in the civil service. The National Whitley Council discusses matters concerning more than one Department and general problems affecting the civil service-e.g. Pay, recruitment, promotion, hours of work, allowances for travelling and conditions of service. Discussion of individual cases in forbidden. Its functions as set down in its constitution are: 1.    Provision of the best means for utilizing the ideas and experience of the staff 2.    Mean for securing to the staff a greater share in and responsibility for the determination and observance of the conditions under which their duties are carried out; 3.    Determination of the general principles governing conditions of service, e.g., tenure remuneration and superannuation. 4.    The encouragement of the further education of civil servants and their training in higher administration and organisation. 5.    The improvement of office machinery and organisation and the provision of opportunities for the full consideration of suggestions by the staff on this subject. 6.    Consideration of proposed legislation so far as it has to tearing on the position of civil servants in relation to their employment. It needs to be needed that the Whitley Council recognises the ‘sides’ only and not the individual members composing them. The agreement has to be reached between the two sides of the Council as such and not as individual members. This stipulation encourages the two sides to meet separately in advance of the council meeting and to devise common solutions. As stated earlier, the staff sides of the civil service National Whitley Council today mostly consists of full-time staff association officials. This is a relatively new trend in the history of staff association in the British Civil Service. These officials receive their salaries from their respective staff associations and are often recruited from outside. They are Trade Union Congress. The existence of full-time paid officials in the staff side makes for outside trade union movement gives it a staff association have in the process come to what remote from the rank and file. The organisations, particularly the one that has to negotiate with the most formidable bureaucracy the Government. The ‘Constitution of the National Whitley Council provides for its quarterly meetings. But the full council now practically never meets once in a year in a cocktail party. This practice dates back to the year 1939 at the outbreak of the Second World War, when transaction of business in smaller committees and in an informal way come into vogue and indeed was found to be more functional, Since, then, and now more so, the civil service National Whitley Council verify functions through Committees constituted to discuss and take decisions on individual subjects of large importance. A committee consists of one or more members usually belonging to the civil service Department itself of the official side-nominated by the councils chairman and some members of the staff side nominated by the Vice-Chairman. But its members may even be taken from outside. Thus, depicting flexibility in its approach, As is the case with the council the committee is presided over by a member of the official side to be important matters an official, preferably the Permanent Establishment Office, of the Civil Service Department and a member of the Stuff Side conduct negotiations and arrive at agreed decisions. But all such decisions become operative only after their confirmation by the chairman and vice-chairman. Departmental Whitley Council Each major Government Development has a Department Whitley Council (DWC) It is consulted on the well-known principle of parity representation of both the two sides officials and staff-the head of the official side being its chairman. The ‘Constitution of a Departmental Whitley Council is required to be verified by the higher body (DWC), Beyond this there is very little formal contact between the two functioning layers of representation. The act as two completely separate and distinct bodies. This arrangement keeps t concept of ministerial responsibility intact. However, the common nature of many problems of application and, even more so, an inevitable inter-looking of membership-a result of the representation of some staff association at the two levels - tend to keep both the levels emotionally closer. The official side of the Departmental Whitley Council is appointed by the permanent secretary of the concerned Department. It generally includes the Second Permanent Secretary (if there is one as in the Civil Service Department) the Establishment Officer of the Department and a number of Deputy Secretaries and other senior Officers belonging to that Department only. The staff side is appointed by staff associations having members in that Department. But these members representing the staff side are not full time workers of the staff associations-as is, generally the case with the National Whitley Council. The Permanent Secretary of the Department is the Chairman of the Department Whitley council and the vicechairman is from the Staff Side. The Department Whitley Council provides the machinery for redressing employees’ grievances relating to conditions of service within the Department. It is also for promoting an identify of outlook between the administration in its capacity as employer and the general body of the staff in matter affecting the Department. The Departmental Whitley Council remains seized with matters relating to the Civil Service which are within the competence of the Department concerned - as hours of attendance, training, pay arrangements, employees’ welfare, and the general principles governing promotion. Like its prototype at the national level the Departmental Whitley Council is precluded from discussing individual cases; otherwise its terms of reference are flexibly interpreted. For instance, it discusses proposal involving organizational changes, dispersal of office, and the like. According to the Model Constitution for a Departmental Whitley Council its functions include the following. 1.    Provision of the best means for utilizing the ideas and experience of the staff. 2.    Means for securing to the staff a greater share in and responsibility for the determination and observance of the conditions under which their duties are carried out. 3.    Determination of the general principle governing the conditions of service, e.g. recruitment, hours, tenure, and remuneration in so far as these matters are peculiar to members of the staff of the Department. 4.    The encouragement of the further education of the staff, and their training in higher administration and organisation. 5.    Improvement of office machinery and organisation and the provision of opportunities for the full consideration of suggestions by the staff on this subject. 6.    The consideration of proposed legislation so far as it has a bearing upon the position of members of the staff in relation to their employment in the Department. 7.    The discussion of the general principles governing superannuation and their application to the members of the staff in the Department 8.    Discussion of any promotion in regard to which it is represented by the staff side that the principles of promotion accepted by or with sanction of the National Council have been violated, and 9.    Discussion of any case in which disciplinary action has been taken if it is represented by the staff side that such a course is desirable. The Departmental Whitley Council does not of meet too often and the work falling within its jurisdiction is carried out informally and through its sub-committees which may be both of a standing and an ad hoc nature. As a rule, these are joint ones consisting representatives of both the sides and each agreed decision that are then formally signed by the chairman and vice-chairman, reported to the head of Department and there upon become operative. One may expect about 50 each committee in existence at a particular movement of time. On smaller problems informal negotiations are conducted between the establishment officer, who is the head of the Personnel Division of the Department and the staff side. Indeed, the relationship between the Departmental Whitley council and the Establishment Office is close, intimate and continuous District or Regional Committee Most of the larger Departments have regional, local, or office committees covering their staffs in particular town or offices for discussion of matters of purely local concern or applicability. For instance, the department of Health and Social security has its Whitley Committees at the regional as well as the local office levels. These committees are completely subordinate to the Departmental Whitley Council concerted The official side represents the employer, namely the state. Obviously, the official members in the Whitley Councils are expected to keep themselves in touch. With the Ministers’ wishes and on important matters involving additional-expenditure advance of the meeting with the staff side. These are, of course, all internal arrangements, not publicly. Civil Service Arbitration Tribunal The Whitley system calls for arrangements on both the sides. But what happens when the two sides agree to disagree/Disagreements can be referred to the Civil Service Arbitration Tribunal Whose awards are put into operation by the Government. 11.6    CONCLUSION A question whether the introduction of the Whitley Councils in the British Public Administration was premature is sometimes raised. By 1919, the year of the introductions of this negotiating agreement, the staff association in the British Civil Service had become firmly established and bulk of the Government employees had become organised in one association or the other. Reinforced by the return of some personnel from the war, these Associations had also developed a reasonable high degree of negotiating skill. The treasury too was a slightly mature organisation capable of fielding an official side which could be depended upon to protect cultivated the skill of being firm without being rigid in matters of negotiation. All taken together the background to rise up to the demands of the Whitley machinery and make it a success. 11.7    SELF CHECK EXERCISE a.    Right to Form an Association and Right to Strike. b.    The Settlement of Dispute between employer and employee. 11.8    GLOSSARY Right to Organise : Public organisation in many countries have formed their association. Whitley Council in UK : Employees-Employer relation in UK are governed by Whitley Council after the name of J.H. Whitley. 11.9    ANSWER TO SELF CHECK EXERCISE To see a 11.2, 11.3 b. 11.4 REFERENCES/SUGGESTED READINGS 10.    S.R. Maheshwari “ Indian Administration” New Delhi. 11.    s S.L. Goel “Personnel Administration & Management” New Delhi. 12.    https://mis.alagappauniversity.ac.in/siteAdmin/dde- admin/uploads/6/__UG_B.A._Public%20Administration%20(English)_106%2062_Public%20P ersonnel%20Administration_BA%20(Public%20Administration)_8426.pdf 13.    https://dx.doi.org/10.1080/08949468.1992.9966581 14.    https://dx.doi.org/10.1177/0019556119600307 15.    https://shodhganga.inflibnet.ac.in/jspui/bitstream/10603/304431/11/11_chapter4.pdf 16.    https://documents.doptcirculars.nic.in/D2/D02est/jcm_intro.html 17.    https://dx.doi.org/10.2307/41854777 18.    https://dx.doi.org/10.1080/08949468.1992.9966581 19.    https://shodhganga.inflibnet.ac.in/jspui/bitstream/10603/79377/10/10_chapter%207.pdf 11.10 TERMINAL QUESTIONS (1)    What do you know by Employer and Employees Relationship? Discuss the negotiating machinery to settle the dispute between employees and employers relationship. UNIT-12PROBLEM OF GENERALIST AND SPECIALIST IN INDIA AND UK. INTEGRITYIN CIVIL SERVICES. ADMINISTRATIVE REFORMS SINCE 1947 IN INDIA: A.D.GORWALA AND PAUL H. APPLEBY RECOMMENDATION ABOUT INDIANPERSONNEL SYSTEM. NORTHOCOTE TREVELYN AND FULTON COMMITTEE Structure 12.0 Learning Objective 12.1    Introduction 12.2    Who are the Specialists? 12.3    Generalist and Specialist in UK 12.4    Generalist and Specialist in India 12.5    Integrity of Civil Service in India, Corruption 12.6    Administrative Reforms in India since 1947 12.7    Recommendations of A.D. Gorwala, Paul Appleby and Fulton Committee on Indian Administrative System 12.8    Summary 12.9    Self Check Exercise 12.10    Glossary 12.11    Answer to Self-Check Exercise 12.12    References/Suggested Readings 12.13    Terminal Questions 12.0 LEARNING OBJECTIVE: After studying this lesson, the student will be able to know -Concept and meaning of Generalist and Specialist -The position of Generalist and Specialist in UK -Integrity of Civil Services -Corruption and administrative machinery to curb the corruption 12.1    INTRODUCTION Who is Generalist: An administrator who gets into an organisation without having received education and or training only one area of human activity and its administration but gets into service because of his general intel excellence and academic superiority over others in the fields of general knowledge, a foreign language case of India English because Indians are still fooled of the English about superiority of their mother tongue) and one or two subjects out of a long list of subjects (not less than 56), Such a recruit is generalist, who has least knowledge of administration or management but must excel in two out of the fifty is or so odd subjects.. This is how Indians initiate concept of generalist administrators from their whole British masters even today, 45 years of independence, Indians are the best aping-genius of the whole world. 12.2    WHO ARE SPECIALISTS? Specialists are those persons, who are recruited on the basis of their pre-entry qualification to the services. By specialist, is generally meant a person, who has special knowledge or skill in a specific field. Specialized services are called functional services, which include a technical function for which pre-entry qualification is required. The specialists are supposed to know more and more about less and less. The role of professional has remained, largely subordinate to that of the administrator, he is regarded primarily as an adviser which it comes to responsibility for policy-determination. 12.3    GENERALISTS IN GREAT BRITAIN Generalists are these person recruited on the basis of their general educational background, irrespective of the subject studied in the universities. The generalists services again fall into two groups. The first group consists of the generalist administrative services which do not have any well defined functional area, or in other words have to perform diverse types of functional area, or in other words have to perform diverse types of functions. This category does not include any background experience of the field in which one is recruited. The second group consists of functional services. In this category, however, a person is appointed on the basis of general qualifications but his functions are confined to some specific areas and each area has its own well defined functions. Administrative Trainees belonging to the generalist services in U.K. advance in their career, by acquiring diverse nature of experience, a breadth of vision and outlook, a capacity to coordinate and synthesize mutually conflicting approaches and an understanding of socio- economical and political environment. Since the functional generalist services operate within their specialized areas, their roles in administration in many ways are comparable with that of the specialists, but, they can be distinguished from the latter on the basis of recruitment which is their pre-entry professional qualification. Acceptability of Generalists Among Public Administration Academic: There is, appears, some acceptability among the academic of Public Administration “generalists”. There is also a wide consensus on the concept of administrators as generalists rather than specialists. This concept is particularly applicable to the higher level administrators, whose responsibilities usually include the coordination of the work of many specialists or experts. It may also be applied to other demonstrators as well-albeit in a more limited sense”. Generalists acceptability generally depends upon social philosophies of a country of the ‘mind’ i.e. the top intellectuals and their values and philosophy. It is seen that intellectuals U.K. have not analysed in depth the “damage” which a generalist service is doing to their country. An intellectual generalist is not worse but at the same time it is not the best. It is time for the British intellectual to need to the advice of Fulton. Once the British discard generalist administrators, the Indian will also follow suit because Indian politician and a hureaucrat is imitator. In a Report on the Indian Civil Service submitted in 1854 by Lord Macaulay, Ashburton, Melvil, Swett and Lefevere had advocated “gentlemen” type of civil service. “The duties of a civil servant of the East India Company are of so high a nature that in his case it is peculiarly desirable that an excellent general education, such as may enlarge and strengthen his understanding should precede the special education which must qualify him to dispatch the business of his butchery.” F.F. Ridley had edited a volume on generalists and specialists in which the role of public bureaucracies of U.K.; Australia, France, West Germany Sweden and United States were studied in relation to professionals’. FF. Ridley had noted that “none of the countries have anything like air Administrative Class, generalists in functions and generalists in background. Recruitment to the higher Civil Service on the basis of an entirely non-vocational education is rate. It is true that in most continental European countries, there are administrators who are not specialists professionals in our sense and who in the European context, can be described as all- purpose administrative. In each case however they have legal training directed to their work administration in Administrative Law Countries has a higher legal context than in Britain). They are no exception to the finding that higher civil servants are generally recruited for qualification and or experience related in some way to their duties. Most foreign civil servants would therefore be surprised at our pre-occupation with the rival merits of generalists and specialists. All of them can be regarded as specialists of one kind or another, their knowledge and training related to-the kind of work they do. The nation that a man who has done well at Cherokee is if so facts likely to make a good civil servant is not found elsewhere. (2) Even where the higher Civil Service contains generalists jurists as well as specialist professionals, this reflects to theory about the organization of-government work. There is no structural separation of specialist or advisory work from general administration (policy-making/management). Indeed, it is most unusual for any distinction to be drawn between the nature of the unusual for any distinction to be drawn between the nature of the work involved in policy-making and in other. One rarely finds abroad the parallel hierarchies of administrators and specialists common requires specialized knowledge then, it is likely to be put charge of a professional official with the appropriate training and experience. He will take responsibility for whatever policy question arise. Ministries are usually organized on the assumption that it is impossible to distinguish technical and advisory functions from general administration; they are not structural to separate advisory staff or advisory functions. “Indeed, there is difficulty abroad In understanding the importance of advisory posts in the British Scheme of things. It is generally assumed of men in senior positions that their specialized knowledge will not merely contribute to good administration but that it will also enable them to give the best advice to their political superiors.” The most unfortunate aspect of British model which I dare call a “Fusion-Model” Le. fusing generalist services with specialists could not be adapted by the Indians. Indian bureaucrats are known all the world over to be silent imitations but in so far as the sharing of bureaucratic power, they are niggardly miser and orthodox Indian generalist services cannot be reformed unless our political leader is sufficiently educated to be capable to understand after-all what this Fusion-Model is and how does it operate is Great Britain? Sooner they learn better it will be. It is political elite which has to encourage specialists’ greater say in administration. Specialists or Professionalisms in Great Britain ‘Specialists, as we have already defined are those experts who have acquired special knowledge about specific category of tasks, functions or jobs. These professionals are scientists, technicians, auditors, computer specialists and -other people like doctors, engineers etc. “About 25 per cent of the non-industrial civil service are professional scientific or technical staff; who are generally known as specialists. The range of officials included with in this term is extremely wide. Some, such as doctors, architects and lawyers, are member of established professions which have their own regulatory bodies which control entry to the profession and enforce certain standards of conduct. Others such as economists and statisticians have high level qualifications but do not enjoy formal professional status Professionalisms are now being consulted quite often in British Administration. The initial stages “specialists” were regarded as “outcast” by generalists, but now gradually, specialists’ acceptability in British Administration has increased. Reason being the changing nature of modern administration. Generalists, is totally unsuitable for most of the modern state functions which are in continuous state of change. The more the mans or group’s life becomes complex, the move becomes the functions of modern state different cumbersome and technical. In such a state of affairs to cling to Macaulayan concept of generalist service is not only ridiculous but languorously hazardous. As the British have understood need, necessity and desirability to impure performance of their administrative system by reforming the treatise, character of their bureaucratic system we earnestly hope Indian mind would also accept the hard reality and absorb as quickly as possible the specialists and professionalism into the generalist cadres. The latest developments in the character of Indian generalist service is interesting. We find many engineers and medicos are entering the competitive services. It is in no way a replica of Fusion Model of Britain, Indian Syllabus-makers of IAS. competitive examination has included as many as 27 different subjects which is too large a number. It is of no use of require a statistician or a Mathematician to complete with a student of Sociology or Political Sciences we find that students of engineering and medicines etc. Which are highly scoring subjects do normally better as compared to students offering Social Science subjects, Indians should adopt French method and German technique to groom our future administrators. In our opinion, some 16 to 18 specialized areas of administration need to be carved out and entrance test in these 18 different subjects need to be conducted separately rather than a single test for all such pooled officers need to be appointed after training in their respective areas of specialization for first 20 years of service and then may enter the common pool by virtue of seniority of serve the Union Governmental bearing they’re to 12 years to retirement. 12.4    GENERALISTS IN INDIAN ADMINISTRATION SYSTEM: Generalist in India do not have to specialize in the disciplines of Public Administration, Policy-Making or Budgeting. It is not essential for the term to be specialists in planning or project formulation etc. They are neither expected to qualify law, economics and politics, which is a necessary condition of service in some other countries. In India, the basic, eligibility degree is simple graduation. The generalists on which the present structure of Civil Services is base was summed up by Lord Macaulay, which states that the personnel belonging to the generalist services are capable of performing all types of functions conferred on them. It is the ‘gifted amateur theory on which the existing entrance examinations to the generalist class is still based. It advocates that a general qualification is more important to fit a man to understand the complex problems of the administration than the narrow training. It is the natural intellect and ability which counts in the performance of administrators rather than the technical expertise. It may be correct to say that generalist when trained in specialized areas is better than a specialist who develops a narrow vision, outlook and opinion. A generalist develops a knack of dealing with any problem. Influenced diverse types of important functions like policy making-and execution as well as indulge in caution and advice to ministers. The history of Indian Civil Services (pre-47 period) informs us that civil services were designed on British model, i.e. “generalist-type”, where are leadership roles in administration at all levels of governmental were the reserve of I.C.S. The existing structure of civil services is influenced by the Northcote-Trevelyan Report on the Organisation of Permanent Civil Services in Britain (1853-54). According to the report, the generalist services should be manned by the most promising young-men, who are to be given the most important functions like policy-making and policy-execution. After independence, the civil services signed successfully won over the heads of its bitterest possible critics in pre-independence days in J.L. Nehru and Sardar Patel With their dedication, sense of purpose and in some cases “Loyalty”, the turned their enemies into well- wishers. The old theory of generalists was not only continued but even strengthened further. The generalists were at the helm of the affairs, who held very important governmental positions as compared to specialists. In nut-shall we can say that after independence the structure of civil service in India was not allowed by strong pressure group of IASs. Officers to be changed. It continued in its old form. The specialists clamoured at little later stage and now it appears the conflict between generalists and the specialists has become perhaps the “Knottiest internal problem of the day in the civil services. Specialists in Indian Administration System The specialists are grouped into sixteen civil services. Apart from these, some of the employees who are not grouped into an organized service are included in what is called the Generally Secretariat Service, The specialist services are the following: 1.    Archaeological Service. 2.    Botanical Survey of India 3.    Central Electrical Engineering Service. 4.    Central Engineering Service. 5.    Central Health Service 6.    Central Legal Service. 7.    Central Revenue Service 8.    Geological Survey of India. 9.    Indian Economic Service. 10.    Industrial Meteorological Service. 11.    Indian Statistical Service. 12.    Overseas Communication Service. 13.    Survey of India. 14.    Telegraph Traffic Service. 15.    Telegraph Engineering Service. 16.    Zoological Survey of India. Specialists are those who are recruited to the civil service on the basis of their specialist pacifications The specialists services and non-technical civil services have joined hand against generalist service. In 1970, the All India Confederation of Central Government Officer’s Association. This is the premier institutions to spearhead the cause of specialists and non-technical civil services specialist services had represented to Second Pay Commission that they should be appointed to administrative and Secretariat Posta 12.5    COMPARING GENERALIST AND SPECIALISTS IN UK AND INDIA Before Fulton, the administrative class or the top bureaucrats in Great Britain were all “generalists” After the submission of Fulton Committee Report, a new thinking had emerged that: “for the performance of highly technical function even in matters of policy-decisions requiring specialized knowledge of technical nature, a generalist-administrator, i.e. administrator required on the basis of general academic and intellectual excellence is usefully inadequate and highly incompetent”- Professor RD, Sharma. As stated above by us, the Fulton-Message was clear, the competitive services could not perform the tasks of 20th Century, England. The Twentieth Century state and gone far ahead of Macaulay’s day when state who nothing short of a law and order state. Now-a-days state is more than a Welfare State. Fulton emphasised that the claim of generalist civil servant to be specialist in all fields of administration is hardly acceptable and tenable and the criticism of a specialist to be competent of a restricted or limited area and hence of fractional utility is not acceptable and valid. In Great Britain, the Government has found a “new method” of making use of service of specialists and holding them responsible and accountable in case of posts requiring policydecisions. In UK conflict resolution was possible when in certain departments of technical nature specialists have now acquired credibility with the political administrators credibility and acceptability of specialists in policy-position is a great victory for specialists. This system is still discretionary. It has not been accepted as a matter of ‘right’ Specialists even today, can’t claim parity of pay-scales as well as equal status in administrative hierarchy. The position in India is even worst, Indians have not yet found it appropriate to associate “specialists” in policy-making position. The generalists-specialists controversy is at its peak these days. The LA.S. is highly dominating. Even sometimes the top political executive becomes scared of top heavy administrative at the Union-Level. Indira ji had once shaken the whole administrative super-structure out of its self-imposed “superiority” but not all Prime Ministers are Indira Gandhi. The political executive as well as the technocrats are both marked b much stronger LA.S. Lobby in Indian Administration both at the Union as well as at State governments. Problems of Generalists and Specialists in U.K. The Civil Service was based on the philosophy of the generalist-administrator. In its turn these police “reflected the generally accepted principle in its country (i.e. Great Britain) that non-specialists should take the major policy decisions on behalf of the community as a whole. The Administrative class was the institutionalisation of this cult. The administrative class was Great Britain’s elite service and as a rule, its members occupied all senior posts in the Government. According to this logic, the best administrator was supposed to be a gifted layman who moved from one job to another at frequent intervals and took decision on the basis of his knowledge and experience of the machinery of government, irrespective of the available substantive knowledge in the concerned subject. This view, as the Fulton Committee most emphasised, “is absolute at all levels and in-all parts of the service. Secondly the civil service consisted of various services, called classes in Great Britain, each of which functioned more or less as a completely separate entity. The original nineteenth century classification of civil service in to “higher’ or ‘first’ division, consisting of graduates from oxford and Cambridge Universities, and that of the ‘lower’ division comprising clerks recruited through a test of reading, writing and arithmetic, expanded in course of time into administrative class of senior civil servants, the Executive Class (of middle managers) and the clerical class. In addition, separate classes were created on the basis of occupations or of professional qualifications All these classes became so rigid and jealous of their jurisdictions that every job in Public Administration fell in one class or the other, and movement of persons between them was rare. A person; was recruited to a particular class which determined all his future career prospects Such a classification of the civil service has an analogy in the existing organisation of the civil service in India where both Central and the State Civil Service is divided into a number of separate services. The specialists employed in the Government generally remained deprived of authority that was commensurate with their responsibility and of opportunities of advancement. They were dependent on the generalist administrators in a variety of ways and, consequently, were made to operate, more or less, on the administrative periphery. In total the administrative system was unhelpful to the over-expanding number of specialists in public administrations in the pursuit of their specialism The centre of gravity in the British Civil Service has been the generalist administrator, with specialists playing a supportive and subordinate role. As a result, the access of specialists to higher management and policy-making posts within movement departments has been restricted. It is well known that the rationale of preserving-he dominance of the generalist has been a subject of continuing debate. The Fulton Committee had favoured a more prominent role for the specialist. In central Bureaucracies of most other Western Countries, the specialist is respectively more dominant. In France for example, the specialist technician is a member of an administrative elite. Key posts in the France Ministry of Transport are occupied by engineers. In Australia, professionals enjoy a higher status and salary them the generalists do and, some posts, like those of the Head of the Departments of Health and Works, are reserved for specialists. In United States, scientists and engineers occupy a higher proportion of senior posts. Besides, the American Congressional Committee give greater weightage to specialist heads of bureau than to the generalists. Likewise, the compulsion of economic development in Canada, New Zealand and Russia has accorded the specialists top administrative positions in these countries. 12.5    INTEGRITY OF CIVIL SERVICE IN INDIA AND CORRUPTION Administrative Machinery for Combating Corruption. As it is said by some great scholar that power corrupts an absolute power corrupts absolutely appears to be correct evening present day. Corruption has been a primary concern of all systems of governance at all countries. Corruption has been defined as the use of public power for private profit/gain in a way that constitutes breach of law and as dishonestly and illegal behaviour in position of authority and power. In other words, it implies, the exploitation of one’s official position for one’s own interest at the cost of public good. The Santhanam Committee gives an interesting twist to the definition of corruption in public system, Any action or failure to take action sin the permanence of duty by the government servant for some advantage is corruption. Thus, the scope of a corrupt activities expanded by including within its ambit action as well as non-action, though the motivation in both the cases is similar. I.    misuse of official position/authority, ii.    deviation from rules, laws and norms iii.    non-action when action is required; iv,    personal gain for selfish motives; v,    monetary or non-monetary forms, and vi.    harm to public good. It is commonly accepted that corruption is dysfunctional to the system of governance corruption to society as a whole. If promotes illegality, unthematic, subjectivity, inequity, injustice, waste, inefficiency and inconsistency in administrative conduct and behaviour. In addition, it eroded the faith of the common man in the legitimacy of politico-administrative system and eventually saps the idealism of those in public service and destroys the moral fabric of society. There is counter view that corruption may indeed be in functional in certain situation. Samuel Huntertown observers that corruption may help in assimilating new groups in the system and this serves as a substitute for government. Myron Weiner seeds corruption reducing the rigidities of bureaucracy and working it relatively flexible. And of course, there is the functional view that the beneficiary, of a corrupt activity would find it “useful”. But these views have limited currency and acceptance. Indira Gandhi had one remarked that corruption was a global phenomenon. She was right, thought universalism of corruption should not be taken as universalism of corruption should not be taken as an excuse for complacency in combating it. There are numerous references to the prevalence of official corruption in ancient India. But the most elaborate reference, service seems to be Kautilya’sArthashastra. Kautilya believes that despite greatest care taken in recruiting officials there would be some who would turn out to be corrupt. It is inevitable Kautilya observes for those who are employed in Revenue administration positions to indulge in direct or indirect corruption. Moreover, it is always a problem to identity the corrupt. Kautilya identifies 40 different types of embezzlement including bribery, graft, favouritism, frauds, manipulation of prices of commodities, inflation in the salaries paid, theft in different departments of the movement etc. He says that corruption courses misuse of movement treasury, administrative inefficiency and destruction on the pain of rational development. Hence strict discipline is a prerequisite to curbing corruption and consequently, revert punishment must be meted out to the corrupt officials. Ashoka, who tried to apply kautilya’s principles of governance in his administration, emphasised speedy dispatch of business. This must have minimized corruption in his regime. In medieval Indian corruption was rife during the sultante and Mughal periods. The invention of Vakshish” as a practice of rewarding a government employee even for routine tasks & favours legitimized corruption in the Mughal era. In the Post-Akbar period; the civil service became lightly corrupt. The tradition of corruption of this period was inherited by the East India Co. When the Co. expanded its officials arrassed wealth as well as power. Even one Governor General of India, Warren Hastings, was un-preached in Britain for his misdeeds in India. Just before the end to the century almost every servant of the co. was involved in scandals. Low salaries of the co-officials proved an alibi for corruption. Accepting commission on Government purchases, construction and contracts in a routine manner an almost formalized dishonestly, It was towards, the end of 18th century that a concern for integrity was shown by the leadership of East Indian Co. Yet corruption continued in certain pockets of Government, during entire British rule. During the second World War, scarcity of commodities led to strict control which in turn, provided a -further fill up to corruption. The environment of corruption affected even the prime political party of the country The Indian National Congress. Gandhiji reported by mentioned in the “Harijan” that the congress was fast becoming a corrupt organization in the sense that its registers contained a very larger number of bogus members. Bose however, did not think that the INC was ethically inferior to the parties in Europe, he nevertheless thought a call for further sacrifice and suffering alone would serve as a proper antidote to corruption and life the nation to a higher ethical plane. But as time proved later, this spirit of sacrifice was not to cast long. India since Independence - The Chaotic conditions on the country following the partition, the massive refugee problem, the process of integration of the princely states, the Kashmir War and other catacylism provided enormous opportunities, among other things for corruption. The development process started after independence, the industrial Policy Resolution of1948, the licence permit quota raj,-all augmented the scope for corruption. The seriousness of the situation in the initial years of independence can be gained from the warning contained in the official document of the First Five Year Plan which stressed that there must be continuouswar against every species of corruption within the administration as well as public life. The society evolving in India since independence accorded primary to lust for money and power Small a serious of scandals have beleaguered the Indian governance system. The jeep scandal, the LIC scandal, the massive corruption in Orissa, J&K, Punjab and other states, the Bofors case, the stock scam, the sugar scandal, and the Telecom Scandal-all have tarnished the image of the governance system in India The political, criminal nexus, electoral corruption, laud mafia, overflowing black money-there and other phenomenon have become so pervasive that any fresh case involving colossal corruption does not even rouse the conscience of most Indians in their destiny. As per the study conducted by the National Institute of Public Finance & Policy, it was estimated that in 1983-84, black money to the extent of 21% of the GDP. was in circulation in the Indian economy. One of the main causes of this pervasive place economy was the grabbing by corruption leaders, officials and contractors of a big chunk of funds meant for construction and development. They collect this money as if it was accruing from their “private tax today corruption has become a multi- level phenomenon from top to bottom, all the layers of government, seem to be involved in corrupt practices. Even in Panchayati Raj, municipalities & DRDA, cases of corruption are multitudinous. The central Vigilance Commission in its report has identified more than thirty modes of corruption. But this listing incomplete out mode, Favouritism, nepotism speed money, bribes commission, Ent gifts are only a few forms. In purchases sales, licensing & issuing permits, quotas and contracts, corruption takes protean forms. The transfer industry in govt, in perhaps the most flourishing enterprises. Sources of Corruption: The most significant factor promoting a culture of corruption is the discernible erosion of moral ethical values in public life as consequence of growing materialism & consumerism in the wake of westernisation, industrialization and urbanization. Obviously the forces of morality, including the Gandhian principles of ethical life, have been too superficial to penetrate the psyche of an Indian so as to influence his conduct wealth and power has been instrumental in corrupting public life. What has further worsened the situation is the social respect shown to the rich and the powerful, irrespective of their sources of wealth and power: The expansion of role of the state in the economic system and the existences of democratic elections have been too crucial factors in equipping national and state politicians with considerable power and clout. In fact, the critical originating point of corruption in public life has been the political system, more particularly the members of the political executive (ministers) who enjoy substantial immunity from public accountability. In a parliamentary form of government, the majority enjoyed by the ruling party provides immense protection for its members who form the council of ministers. The impact of almost unrestrained political follower on ethics in the governance system is highlighted in the comments of the Santhanam Committee on the prevention of corruption. Declining really salaries in the government, have been a crucial factor in legitimizing corruption at middle and lower levels. More recently, with the advent of liberalization and the perks in the private sector have stay socketed. This factor has further rendered the civil service less attractive to the ambitious young men and women. Those who are already a part of the civil service are likely to feel demoralised when they compare their status with that of their counter parts in the private sector. Low morale in turn is likely to lead to low morality. And when the differentials in salaries and perks at various levels within the government, are glaring, those getting lower emoluments are tempted to emulate the life styles of the more prosperous high ups. Apart from cumbersome laws slow judicial proceedings and less than truly objective press the most significant factor promoting corruption is the low level of citizens awareness. In western democracies, citizens have a relatively high level of awareness and this act as a check or mis governance. Conversely in India, like in many other countries, the permissive attitude of society and the low level of citizens awareness promote corruption. Lack of transparency in public dealing also opens the door to corruption. This makes the whole process of decision making mystified. Complex rules, sub-rules and procedures become in comprehensible to the common many more so if he is illiterate or semi-literate. This weakens people’s control over public morality. There are several other legal administrative factors that cause corruption to flourish Mainly these stems from the operational ineffectiveness of the formal measures designed and instituted to curb corruption. This can be appreciated in the following section. Measures for Containing the Corruption During the British times an awareness of the importance of curbing corruption through legal means had become mariner through Sec. 161 of the Indian Penal Code of 1860 which defines corruption “as the acceptance of any gratification whatever other than legal remuneration as a motive or reward for doing or forbearing to do any official act or for showing or for bearing to show favour or disfavours to any person of rendering or attempting to render any service or disservice to any person.” Thus, bribe taking and favouriting were treated as the main corrupt activities. The Prevention of Corruption Act, 1947 supplemented the earlier legal provisions conceming corruption including the (PC. It provides “An act for the more effective prevention of bribery and corruption.” The Act of 1947 narrowed the requirements to proving motives behind corruption. This Act defines the criminal “misconduct of a public servant in the discharge of his duties in terms of illegal gratification accepting and fraudulent misappropriation of official property obtaining pecuniary advantage far above the official position and having, properly disproportionable to the legitimate income.” International experiences show that strict legal judicial and administrative control measures can help in curbing corruption. If corruption is made a high risk activity and if a corrupt person has substantial chances of being caught punished and even jailed, such risks are bound to act a deterrent to corruption A.D. Gorwala in his report in 1951 had remarked that arrangement must be made that no one, however highly placed, is immune from inquiry, if allegations against his are made by responsible partners and a prima-facie case exists. First detailed inquiry in to the extent of corruption in Railways was made in 1953. Even during the P.M. Ship of Pt. Jawaharlal Nehru Corruption had started permeating the whole body politic. There was continuing demand for initiating effective measures to certain corruption in public service. In pursuance of this Demand the Committee on Prevention of Corruption was set up in 1962 under the chairmanship of K Santhanam. The committee recommended; 1.    Article 311 of Constitution should be amended in a manner that legal action on matters including corruption could be expedited. 2.    Simplification of govt, laws, rules and work procedures, should be undertaken and the appointment and complexities are mitigated and the opportunities to civil servants to indulge in corrupt practices eliminated. 3.    Permits, licence, and contracts should be granted only to those individuals & companies who are recognised and registered with the govt 4.    Letters and files should be disposed to expeditiously and within a specified period. 5.    Special precaution should be taken while making appointments and promotions. Cases involving responsibility should be entrusted only to people with sound character. 6.    Adequate pay and accommodation, facilities should be provided to govt, officers so that they may not be tempted to accept bribe. 7.    All civil servants, legislators and ministers should declare their private assets. 8.    Information and accounts regarding the donations given to various political parties by the private sector should be made public. 9.    A vigilance, commission should be appointed in the Central Cost 10.    The number of personnel in the Special Police Establishment, created to prevent corruption, should be increased & granted more powers. 11.    No Govt, servant should work in a private commercial and in industrial firm for the first two years following retirement. Special recommendations were made by the Santhanam Committee for preventing corruption in departments such as Income Tax. Civil Supplies, CPWD, Central Excise & Customs etc. Out of 137 recommendations 106 were accepted by the government of India. Consequently, IPC was amended to expand its scope and Special Police Establishments was strengthened and later in 1976 Articles 371 of Indian Constitution was also amended. After Santhanam Committee it was only Administrative Reforms Commission (ARC) which looked into the problem of politico-administrative corruption. Administrative Machinery At the level of the Central Govt., the principal agency for preventing corruption is in Central Vigilance Commission which was created on the recommendation of Santhanam Committee. According to the Govt, of India Resolution of Feb. 1964, the functions assigned to CVC are: 1)    Undertake inquiry in to any transactions in which a public servant is suspected or alleged to have acted for an improper purpose or in corrupt manner through the CBI or the Central Vigilance Officers (CVOS) of the respective organisation. 2)    Tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases having a vigilance angle at different stages of investigation, inquiry, appeal and review etc. 3)    Exercise a general check and supervision over vigilance and anticorruption work in ministries, departments, public sector undertaking banks etc and call for reports/returns etc. 4)    Advise the appropriate authorities to modify the existing procedures/practices in the Central Govt, in order to mitigate scope for corruption or misconduct. 5)    Conduct and independent technical examination mainly from the vigilance angle, of construction and other works undertaken by various Central Govt. Organization. It is significant to note that the role of the CVC is advisor like UPSC while the CVC advices in individual vigilance cases and exercise general check & supervisor over vigilance and anticorruption work in the Central Govt, the primary responsibility for the maintenance of integrity and efficiency of each department/ organisation rests with the respective chief executives who are assisted b CVC officer. Notably, the commission may or its own refer a case for investigation to the CBI CBI The Central bureau of Investigation was established on 1st April 1963 as an attached office of the Ministry of Home Affairs. At present it is attached to the Ministry of Personnel Public Grievances & Pensions It is responsible for preparing and implementing a comprehensive programme of vigilance and anti-corruption. It collects information on such cases with the help of govemmental as well as non-governmental agencies, prepares lists of persons and organisations engaged in malpractices, checks and searches a receipt of definition, information about the subsequent necessary action to bring the culprits to the book. Against the foregoing background of the anti-corruption machinery in the Central Government, let us have a brief look at its counterpart at state level. State level: There is heterogeneity in the structure of the anti-corruption machinery at state level in India. Certain States have state vigilance commission, while others have Anticorruption Bureaus within the framework of the police administration. State Vigilance Commissioner is appointed by the Governor for 5 yrs. The SVC examines any complaint against public servants who have exercised or have restrained from exercising powers for investigations, the SVC is assessed by the Special Police Establishment or its equivalent organisation, It may be noted that the traditional anti-corruption machinery comprising organization within the regular executive branch, generally falls short of the requisite effectiveness. There are the usual delays and soft 3 actions associated with investigations. The big fish is rarely threatened and what is caught sometimes is only the small fish. Resultantly, only a minuscule minority of the real corrupt elements is brought to book and even they are given belated and mild punishment, Sometimes, suspensions once ordered are revoked under pressure without adequately reasonable grounds. More over what is obvious that the state anti-corruption machinery, comprising police officials, does not show grit and gumption to catch with required skills and alacrity suspected police and administrative officials of senior ranks. Conduct Rules: Apart from the IDC, the Prevention of Corruption Act and the Vigilance Machinery at Central and State levels there are several conduct rules and other govt, orders which act as checks on administrative corruption. All the Central level, the following five separates but substantially similar documents provide the framework for the conduct of administrators. I)    All India Services (Conduct) Rules 1969. 2)    All Indian Services (Discipline & Appeals) Rules, 1969. 3) Central Civil Services (Conduct) Rules, 1964. 4)    Railway servants (Conduct) Rules, 1966, 5)    Central Civil Services (Classification control and Appeal) Rules 1965. There are general requirements in all the Service Rules that Govt, servants at all times maintain absolute integrity. Besides it has been laid down that no civil servant shall: 1.    Use his office to secure employment for any member of his family in any private undertaking 2.    Accept or permit any member of his to accept any gift (a term which covers a pecuniary advantage). 3.    Engage directly or indirectly in any trade or business or undertaken any other employment 4.    Speculate in any investment, or make an investment which is likely to embrace or influence the discharge of his duties. The conduct rules now contain the following clause, inserted on the recommendation of the Santhanam Committee. “Every Govt, servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Govt, servants for the time being under his control and authority.” In the conduct of inquiries under the relevant laws and rules meant for preventing corruption and for punishing correct officials there are two types of difficulties faced. First is procedural and the second-more fundamental- relates to the constitutional safeguards guaranteed to civil servants. Let us deal with both these problems areas. Notably, there are 12 stages involved in the departmental proceedings undertaken to inquire into the misconduct or misbehaviour” of govt, servants under the Central Civil Service Rules. These stages start with the preparation of a definite charge sheet and ending with the imposition of penalty. There are two types of penalties - major and minor, Depending on the nature and extent of an offence. Major penalties include down grading, compulsory retirement, removal from service and dismissal, while the junior range from demure to the withholding of increments. Constitutional Provision: As it is clear that enquiry & disciplinary procedure relating to the conduct of civil servants of central as well as state govt, are subject to Art: 311 of the Constitution of India. Article 311(2) as amended after the Amendment Act of 1976 lays down that “no person who is a member of civil service of the Union/State shall be dismissed or removed or reduced on rank expect after an enquiry in which he has been informed of the changes against him and given a reasonable opportunity of being heard in respect of these changes”. This provision can cause an indefinite protection of the disciplinary procedure. Experts says that this opportunity given to civil servant in India is much more than found in advanced countries of the world. Experience shows that over security in service to a civil servant is spur to misconduct. A few other problems faced while controlling administrative corruption are as follows: 1)    It is difficult to obtain evidence to prove corruption: Police or vigilance agencies are either not fully committed to go in to cases or are obstructed by various quarters in the performance of their duties. 2)    While the CVC, CVO, CBI etc. have been successful in unravelling the corruption cases of Gazetted officers, massive corruption at lower levels is hardly investigated. 3)    There is collegial unity among officers which comes in the way of proper inquiry against the accused. They save each other from inquiries & punitive actions. 4)    Corrupt-politicians lose moral authority to collect their delinquent subordinates. 5)    Protracted inquiries dampen the enthusiasm of senior officers to initiate proceedings against their juniors suspected of indulging in corruption further there is delay in granting permission by the department or ministries to investigate the case. Rule of Audit: A systematic audit of the accounts of govt, ministries, departments, enterprises and agencies can be instrumental in pointing out irregularities in financial dealings, maladministration and corruption. The CAG assisted by the Accountant Generals in various states has considerable opportunities to go into those cases where corrupt practices are suspected to have influenced govt, action. A penetrating of report of the CAG can highlight a case like the Bofors Scandals & HDW deal. Here is to be noted that CAG is only recommendatory authority hence much depend on the executive agencies in taking effective action on its recommendations. It can’t be denied that the CAG has been instrumental in causing several corrective actions on the part of central as well as state governments. These includes modifications in system and procedures which help in reducing the number of cases that are likely to promote corruption. The Ombudsman System (Lok pal &Lokayukta) In India, the demand for creating the institution of Ombudsman was championed by a number of legal luminaries, by ARC, State number of MP’s But due to many controversies and delays this institution of Lok Pal could not be established in India but some state governments have established ombudsman type of institution which is called “Lokayukta”. These institutions were created to redress the grievances of general public against ministers and public officials for charges of corruption, delays, maladministration and favouritism. While in some states this in institution has been successfully working and in some states it has proved to be while clephant only. Conclusion: The foregoing analysis makes it clear that administrative corruption is root in administrative as well as non-administrative sources. Rationability requires that strict measures should be initiated concurrently in a planned manner. What is perhaps a most significant priority in the battle against corruption is to initiate and sustain systematic as well as systematic administrative reforms which can directly or indirectly contribute to the mitigation of corruption. In a country like India where the level of literacy is low and share or rural population is very high administration procedures require maximum possible simplification, less comprehensible procedures lead to over dependence on the bureaucracy. Therefore, all developmental schemes & programmes should be explained to the beneficiaries in their language and procedures for obtaining them must also be simplified with the universalization of corruption, what is needed is a global approach. No amount of legal or administrative action can be successful in ending the corruption unless a social climate evolves where corrupt persons however successful they may be suffer social opprobrium. At national level, people’s groups are sprouting in order to keep a check on the intentions and actions of the custodians of people’s flower programme entitled “adopt are official” begun in 1994 is emerging as the nation’s largest govt’ election watchdog group under which each of its 50,000 members choose a congress man, senator or high level govt, official and monitor how he uses public funds. In India, popular moments to combat-corruption are conspicuous by their absence yet the vocal or tacit support given by the people and the press to administrative celebration such as T.N. Sheshan, Kiran Bedi, GR. Khaimmar and N. Vittal are striking indicators of vicarious participation of the enlightened sections of society in strengthening the campaign against corruption: 12.6 ADMINISTRATIVE REFORMS IN INDIA SINCE: 1947 After independence serious efforts were made to strengthen public administration to meet the challenges of economic planning in India. According to the planners, implantation of plans was seriously hampered by the outmoded procedures of work of the bureaucracy. Hence in every five car plan great emphasis was laid on the administration of planning. To achieve efficient implementation of the five year plans was enough motivation for the policy makers to attempt reorganisation of administration. But coupled with this were basis problems of politics bureaucracy interaction, citizen administration relationships. Thus, the challenges to bureaucracy were not only interns of efficiency but also in terms of facing the new environment Created by democratic politics in India. What the motivations, attempts at reorganising the bureaucracy were in the direction of strengthening the existing model of bureaucracy and the pronounced objective of reforms and reorganization were limited to efficient implementation of plan projects and establishment of reasonable standards of integrity in bureaucracy. It is not without reason that the first serious attempt to review the working of public administration was entrusted by the Planning Commission to Mr. A.D. Gorwala an ex-ICS official. The Central Government was very much concerned with the matter of reforming the administration and service 1947, appointed near about 30 communities/Commissions to suggest administrative reforms as listed below; Reports on Indian Administration 1946-1997 1.    Reorganization of Central government (Richard Tottenham) 1946. 2.    Secretariat reorganization Committee (Girija Shankar Bajpai) 1947. 3.    Central Pay Commission (SiriniwasVaradachari) 1947. 4.    Economy Committee (KasturibaiLaibhai) 1948. 5.    Reorganization of the Machinery of Govt. (N. GopalaswamiAyyangar) 1949. 6.    Report of Public Administration (A.D. Gorwals) 1951. 7.    Report on the Efficient Conduct of the State Enterprises (A.D. Gorwala) 1951. 8.    The Machinery of Government-Improvement of Efficiency (R.A. Gopalaswami) 1952: 9.    Report on Indian and State Administrative Services and problems of District Admn. (V.T. Krishnamachari) 1952. 10.    Public Administration in India-Report of a survey (Paul H. Appleby) 1953. 11.    Railway Corruption Enquiry Committee (J.B Kriplani) 1955. 12.    Notes on changes Necessary in System of Budgetary and Financial control (Ashok Chanda) 1956. 13.    Re-examination of India’s Administrative System with special reference to administration of Government’s Industrial and Commercial Enterprises (Paul A. Appleby) 1956 14.    Public Service (Qualifications for Recruitment) Committee (A. RemaswamiMudaliar) 1956. 15.    Balwant Rai Mehta Committee on Community Projects and National Extension Service, 1957. 16.    Commission of Enquiry of Emoluments and conditions of service of Central Govt. Employees (Jagannatha Das) 1959. 17.    Staff Welfare Review Committee (Fateh Singh) 1961 18.    Committee on Prevention of Corruption (K. Santhanam) 1964. 19.    Administrative Reforms Commission (Chairman Morarji Desai K.K. Hamimanthaiya) 1966-70. 20.    Third Pay Commission (RagubarDyal) 1973. 21.    Committee on Recruitment Policy & Selection Methods (DS. Kothari) 1976. 22.    Ashok Mehta Committee on Panchayati Raj Institution 1977. 23.    National Police Commission, 1977. 24.    Economic Administration Reforms Commission (Chairmen LK. Jha) 1981-85. 25.    Fourth Central Pay Commission Report, 1983. 26.    Sarkaria Commission on Centre-State Relations 1983 27.    Committee to Review the Existing Administrative Arrangements for Rural Development & Poverty Alleviation Programmes (CAARD) (Chairman GV.K. Rao) 1985-88 28.    Committee to Review the Scheme of Civil Services Examinations (Satish Chandra) 1988 90. 29.    Dr. Raja J. Challiah Committee on the Tax Reforms 1991-92. 30.    Fifth Pay Commission Report 1994-97. The Administrative Reforms is a continuous process. Therefore, is better to study in the historical perspectives. These attempts can be divided into following periods; First Phase.     1947-1964 Second Phase. 1964-1976 Third Phase.    1977-1990 Fourth Phase. 1990 Onwards First Phase: Suggestions for Streamlining the Administration. The following suggestions, offered by Sh.A.D. Gorwals are in the nature of streamlining the working of Administration; i)    Greater freedom for Administrative Ministries from too minute control by the Finance Ministry ii)    Better selection from a wider range of officials for the financial ministry iii)    harmonious minister secretary relationship iv)    improved cabinet procedure of work v)    better organization by Parliamentary Control through the Estimates and Public Accounts Committees vi)    more supervision and inspection by senior officers vii)    more work and responsibility for junior officers viii)    more offices, and power clerks ix)    better discipline by means of better pay and rewards and publishments x)    establishment of Whitley Councils; and creation of Welfare Officers for the lower paid staff xi)    a better organization of the IAS Training School O&M with necessary staff xii) recruitment should be of the generalist administrator and not specialised cadres industrial specialists civil service or a service of industrial specialists xiii) substitution of psychological lasts for viva-voce tests in competitive examinations xiv) more marks for common general papers than for special subjects xv)    improved techniques of selection derived from pooling he experience of govt, department, public service commission and universities xvi)    Allotment of all-indian service men to states other than their own. xvii)    clear distinction between formulation by policy and Its execution. xviii)    Non interference by the ministry in the working of the heads of departments xix)    more and better coordination at the Secretariat level Similar in approach and style is the Report of Paul H. Appleby our Public Administration, in 1953. Appleby rated the Government of India among the dozer or so most advanced govemment of the World an further said that.. India is these service (ICS/IAS) shares with British the distinction of having the best body of generalist civil servants in the world. Appleby criticised the system of recruitment through advertisements by the UPSC and wanted the later to be more aggressive in making recruitments. He was to be more aggressive in making requirements. He was critical of the absence of delegation in the Ministry of Finance, lack of coordination among the ministries involved in developmental works, and our unnecessary importance attached to the pedestrian function of the Auditor General. Besides these criticism, he made the following suggestions. 1.    The O&M or Public Administration Office should be established which should be under appropriate minister and should have strong government backing. 2.    There should be further and more specialised studies by a team of outside experts as sequel to this Report. 3.    Establishment of Institute of Public Administration to provide a national uniformal focusing of attention on public administration as a profession of many facets and elements. 4.    Development of academic graduate programmes in public administration and the establishment of special avenues for annual entry in to the public service of young persons so trained. This should entail a new and close interchange and looking relationship between selected universities and the governments 5.    Consolidating administrative responsibility for the carrying on of the Community Projects elevating it in status and providing for more flexibility and discretion in its management. 6.    Filling in the administrative hierarchy by making hierarchies have a more truly pyramidal form with more executives at the most levels and by increasing the number of levels and 186 narrowing the present excessively wide gaps between all but the low levels. 7.    Eliminating Fixed cadre “limitations and making recruitment depend wholly upon frequent and flexible determination of needs. 8.    Establishment of extensive and sustained Personnel Development programmes designed to maximize the potentialities of all persons working for the Government. 9.    The establishment, as a sequel to heightened responsibility of agencies, charged with action of adequate methods of checking on action during and after the fact. Besides there two reports, the Govt, of India, they Planning Commission, and the O&M were grappling continuously with the problems of reorganisation and streamlining of administration and its procedure of work. O&M in the Govt, of India: After Independence the administrative machinery of India expanded considerably. The administration was called upon to tackle the complex problems of the welfare state. It was felt that old organisational set up and methods of work would not serve the talks of social service stable importance of creating a permanent organization to improve the working of administration was emphasised by Mr. A.D. Gorwala in 1949 Planning Commission in their first Five Year Plan in 1952, Paul H. Appleby in 1953. The O&M Division in India was created in March 1954, It was located in the Cabinet Secretaria and functioned directly under the Prime Minister. But each of ministries & Departments developed its own internal competence in O&M work & central O&M Division was to supply only leadership, drive and coordination and to build a common find to information and experience: To sum up, the O&M organizations has made great of contribution in the toning of efficiency of the government departments in India. Special Reorganization Unit: In 1952 a Special Reorganisation unit was established to review the staff requirements of ministries and to recommend charges calculated to ensure efficiency and economy The unit has adopted like techniques of work-stud which comprises; a)    A study of the organizational set up, delegation, span of control and other related problems b)    analysis of operations c)    a programme of work simplification and standardization, where possible d)    Evaluation of standards of performance and hence staff requirements. Departments of Administrative Reforms: A Department of Administrative Reforms was set 187 up on March 25, 1964 to the Ministry of House Affairs. The O&M Division located in cabinet secretariat was transferred to Home affairs to with the problem of reform, reorganisation and modernization of administration at all levels so as to make it an efficient and sensitive instrument for carrying out the task of economic Development of social welfare and for achieving the general social objects which the country has set before of and the need for setting up of an agency for evolving a machinery for the redress of grievances of citizens arising from unsound procedures, wrong through not necessarily dishonest exercise of discretion, delay, lack of courtesy work and the fourth to promotion and implementation of the reports of the Administrative Reforms Commission Special Committees & Commissions were also appointed examine some major important problem areas of administration. Its most important example is the setting up of the Santhanam Committee on Prevention of corruption in Administration.” Indian Institute of Public Administration (IIPA). The institute was setup as a Result of Paul H. Appleby’s recommendations. It runs a number of training courses for the public demonstration and conduct researches on the subject matter of public administration of publishes the Indian Journal of public administration which provides very good material for the implementation of public administration Main Features of First Phase: The-first phase of administrative reforms is full of establishment of new institutions for efficient administration. Some of the main features are, first, the administrative reforms were based on the parallel lines ie. the O&M and through committees setup from time to time; second, erosion in the integrity of administration which caused the establishment of central vigilance commission Third, during this period parliament asserted in matters of administrative reforms, fourth; entrance of Govt, in business in the form of public enterprises provided opportunity to judge the effectiveness of bureaucracy in economic growth. Second Phase: Administrative reforms until the setting up of the Administration Reforms Commission have been carried out mostly in the spirit, style and shape of improvisations. Those several committees that have been setup to report on administrative reforms have been content to suggest some alterations here and some additions there. Administrative Reforms Commission (1966-70) The Resolution for setting up the Administrative Reforms commission was issued in 1964 and with the result was set up in the same year. The Commission was asked to consider the following i.    The machinery of the Govt, of India and its procedure of work ii.    The machinery for planning at all levels iii.    Centre-State Relationships iv.    Financial Administration v.    Personnel Administration vi.    Economic Administration vii.    Administration at the State level viii.    District Administration ix.    Agricultural Administration x.    Problems of redress of citizens grievances. Thus the commission was asked on such a vast array of subjects to examine and report. It is an example of all embracing attempt at reform. The commission submitted 20 reports for the reform in various fields of administration in India. The commission has made in all 581 recommendations and suggestions and out of it 80% were accepted by the Government. As the commission also explored areas within the states jurisdiction, the central government evidently lacks directly authority to take or compel action on them it may bring such recommendations to the notice, of the states and at best, use moral pressure in favour of them Even recommendations directly concerning the centre broadly fall into two categories from the angle of implementation. Some recommendations concem formal structure and procedure of work. The other category calls for restructuring of rules behaviour and attitudes which in turn, ultimately rests on the inner urges and orientations of the elective and permanent administrators. During the period 1979-80 due to ARC recommendations and effort of the central reform agency. enormous changes in administrative structure, system and procedures took place. On the recommendation of ARC, the department of personnel was setup, the department of administrative reforms was restructured for better performance, system of secretariat working was improved by introducing desk officer system, performance budgeting was introduced by all govemment ministries, maximum possible powers were delegated and the working of Bureau of Public Enterprises was improved after the recommendations of ARC Report on 189 Public Sector. The Department of administrative reforms, carried out many studies relating to management such as organizational structure, methods and procedure, information system, records management, employees satisfaction, use of modem office machines, equipment and financial administration, etc. These studies improved the working of the offices and attention was paid for citizens satisfaction. All the states set up the department of personnel and commission reforms at the state level along with state Bureau of Public Enterprises, during the 70’s. In 1976 Audit and Accounts were separated for administrative improuements. However, the emergency in 1975-77 give a rude shock to the image of Public Administration when the credibility of the policy making and policy executing levels suffered. Third Phase: (1977-1990) After the internal emergency, elections were held in March 1977 and the Janta Party come in power at the Centre. Janta Party Govt, appointed various commissions to point out the emergency excesses and no tangible improvements took place in the administration, Again in 1980 Congress party came in power and reform process started. The Fazal Committee (1980-82) on Public Enterprises also felt the need of accountability in Public Sector the Jha Commission (EARC 1981-85) in its report on accountability stressed the need of accountability and laid emphasis on performance, results rather than rules and procedures. As a follow up action on the recommendations of these two committees the MPI & DPAR took concrete steps to institutionalise accountability in the govemment by introducing annual action plan (AAP). The AAP would mention the key activities/functions and the responsibility centres at the level of joint secretary by name.. In March 1985 a full-fledged ministry of Personnel. Public Governance and Pensions was set up. with three departments viz. Department of Personnel and Training. Dept of Adminstrative Reforms & Public Grievances and Dept. of Pensioner’s Welfare. This ministry was placed directly under the Prime Minister assisted by Minister of State. During this period stress was laid on the work culture and highest priority was given to performance, results and outcomes. In September 1985, a new Ministry of Programme Implementation was created under the charge of PM. This ministry coordinated the all poverty alleviation programmes and made administration more responsive The minister of Programme Implementation (MPI) introduced the concept of MBO (management of objectives) A new system of MOU (Memorandum of Undertaking) was adopted at eh direction of the then P.M. Rajiv Gandhi for public enterprises. This is an annual action plan drawn up by public enterprises and agreed 190 upon between the PEs and admn. ministries/departments. The Department of Administrative Reforms and Public Grievances has also taken steps to improve administrative reforms. The department has prepared a scheme for modernization of govt, offices to make them model office though functional layouts, better services to the public and removal of public grievances and cost effective management. All the offices have been given separate budgets for purchase of modern equipments. To increase productivity, concept of work improvement team has been introduced. The team seeks to generate larger employee morale, improved productivity and reduction in cost through participation at the grass roots level. This scheme has been introduced in the departments which come into contact with the large number of people daily such as Railways, Posts, DDA, Health, Labour, Banking etc. computerised reservation facilities for rail reservations, paper work has been reduced and several other procedures have been simplified. Main Characteristics of Third Phase: In this period three steps were taken for comprehensive administrative reforms. In this period ARC was appointed which examined out administrative system comprehensively and put forth 581 recommendations in all for the administrative reforms. Second, the Govt, accepted the recommendations of creating ‘Ombudsman’ like institution ‘Lokpal’ and ‘Lokyakta in India to deal with public grievances and Bill is pending before the Parliament for the establishment of ‘Lokpal’ while Lokyuktas have been appointed in many states: Third during this phase ‘the Govt, had created Administrative Tribunals for expeditions disposal of the grievances of the public servants. Fourth, the central government have introduced performance budgeting since 1970-71. Fifth during this period administrative reforms were more management oriented. A greater emphasis was laid on management and administrative reform began to be viewed as management intensive exercises Sixth, for the improvement of civil servants, greater emphasis was laid on the institutional training Fourth Phase 1990 Onwards: This period is marked by minority unstable governments at marked by minority unstable govemments at the centre with weak political leadership. The process of liberalization started during this period has paved the way for removal of control and delicensing in industrial policy. The new economic policy since 1991 has simplified the process of industrialization in the country. Moreover, in this period steps have been taken to decentralize the powers through 73rd & 74 Constitutional Amendments Acts, 1992, which have constitutionalise Panchayati Raj and Municipal bodies. The Govt, of India constituted a Tax Reforms Committee in 1991 under the chairmanship of Dr. Rajai 1. Chellia to examine the structure of direct and indirect taxes. The committee, on its interim report submitted in 1991 observed that certain important administrative and policy issues, however, deserve brief mention in this interim report because of the urgent need for initiating suitable action in regard to them first and foremost among them is the need to tone up the administration. No amount of tax reform, rationalization or simplification can substantially improve tax compliance unless there is a substantial improvement in public perception regarding the efficiency, technical conference, integrity and ability of tax authorities to relentlessly pursue and punish tax evaders, inherent political interference.” The committee suggested that “for this the morale of the work force should improve. The Govt, should recognize the paramount importance of the Revenue Dept, and should spare no efforts in improving their condition of service, technical skills and work environment. The committee submined its final report on Aug. 25, 1992 with wide ranging recommendations. Fifth Pay Commission and Administrative Reforms The fifth Pay Commission while recommending high salaries for government employees it also pleaded for administrative reforms. The commission in its voluminous report of 172 Units and 1600 pages devoted Unit 33 to the administrative reforms. The reform package includes that the government should do for less than now and it should confine to the core functions that can’t be performed by the market and everything else should be left to private hands on the public choice theory proposals. It recommended for dismantling of the permit licence system, disinvestment in the public sector corporationalization of departmental undertakings and privatization and contracting out of services now performed directly by the government. Commission proposed to cut man power by 30 per cent posts in ten years. The govt, has not accepted this recommendation the other recommendations of Fifth Pay Commission are enacted of a right to information Act, that all govt, services should be covered by Consumer Protection Act establishment of a national election fund as well as an anti-corruption agency having an independent constitutional status and introduction of a citizen is charter. Further the commission has recommended that no file should be required to move through more than three hierarchical levels for any decision to be taken. The commission rightly recommended that legitimacy should be accorded to contract employment. especially in situations like short term vacancies up to five years time bound special projects and specialized jobs not generally required. Moreover, the commission has recommended that the Central Public Organizations have grown at the correrous rate of 5.6% per annum, as against one per cent for the bureaucracy as a whole. therefore, their numbers 192 should be pruned by a third in 10 years is timely and good “but the pruning should be for more and affected much quicker. A substantial reduction of Union’s para-military forces would help move the management of its out of the coercive trap. The other suggestions of the commission like to have only three national holidays Republic Day, Independence day and Gandhi Jayanti and 12 casual leaves is timely to promote work culture will it be implemented. The suggestion that bonis should be linked to productivity and not to production is good. The suggestion for modemization through automation and computers needs to be supported. The Govt has accepted the report of the commission with source modifications. Administrative Reforms with States At many states have also appointed Administrative Reforms Commission/Committees. For example, Kerala Administrative Reforms Commission 1958, Administrative Enquiry Committee Orissa 1958, Andhra Pradesh Administrative Reforms Committee, 1964, Punjab Administrative Reforms Committee, 1964, Rajasthan Administrative Reforms Committee 1966, M P. Administrative Reforms Commission 1969, Tamil Nadu Administrative Reforms Commission 1973 and West Bengal Administrative Reforms Committee 1982. As a result of recommendations of three commission/committees several states have introduced reform in their administration. Features of Administrative Reforms The administrative reforms in India has passed through many stages and during the process acquired some features, important of them are; i.    In India the main sources of reforms are mainly three. First, some reforms have come from the political process such as reorganisation of state or pubic inquiries. Some reforms have been initiated by the reforms commissions or committees. While source have been initiated by the central agency such as Deportment of personnel and Administration Reforms. ii.    The Union Govt, has played the leadership role in the field of Administrative Reforms in the country for all the three levels-‘central state and local. iii.    Academic & Research Institutions in the country have not made any significant attempt to provide leadership in the field of Administrative Reforms. If N.GO. Voluntary Organizations and Citizens Forums etc. have also not taken active interest in the field of administrative reforms. Conclusion: The success of administrative reforms depends on top politicians and bureaucratic support but both are busy in furtherance of their mutual for administrative reforms. The politics of country is unstable after 1989 and bureaucrats hardly provide leadership for administrative reforms. What has been lacking in our administrative reforms efforts in the last 50 years is a congress sense between strategy, structure and substance. 12.7 RECOMMENDATIONS OF A.D. GORWALA, PAUL APPLEBY AND NORTHEOTE TREVELYN & FULTON COMMITTEE ABOUT INDIAN PERSONNEL SYSTEM A. D. Gorwala, Paul Appleby and Northcote Trevelyn& Fulton Committee, which were asked by the Government of India to recommended measures to improve administrative organisation and functioning of Indian Administrative System. Firstly, we would like to discuss the recommendations of A.D. Gorwala Committee about Indian Personnel system. Sh.A.D. Gorwala was asked by the Indian Govt, in 1951 to investigate the functioning of public sector, It was the initial period of state’s involvement in economic activities. Mr. A.D. Gorwals presented his report on 1st June 1951 on The Efficient Conduct of State Enterprises.” Mr. A.D. Gorwala was again asked by the Planning Commission on Aug 1951 to study the public sector undertakings in India. The Secretary of Indian Planning Commission Mr. NR. Pillai, in an introductory note says that, “In recent years, the government’s functioning in the economic field have expanded rapidly. and it has been necessary for the administration to course of its work during the past year, the planning commission has been impressed with the need to strong then the machinery of economic administration, at the disposal of Govt, both at the centre and in the states. The efficient administration of public sector enterprises is an aspect of this problem which seemed to the commission to require special study. A.D. Gorwala on the Efficient Conduct of State Enterprises.” We are not sure whether the ancient Indian proverb that where the king trades the country is bound to ruin” still holds good today a knot but the public sector enterprises had been administered in the part by the General Managers and the members of Board of Directors, we can conveniently say that the country to really ruined and the nation’s economy shattered. Gorwala views laisseze faire as impracticable Actual functioning and management of industrial and commercial enterprises has become order of the day. Gorwala was assigned of tasks assigned to “State Enterprises. Gorwala felt that public enterprises must be judged solely by the standard of efficiency which implies in respect of every unit of production of goods and services, minimuin cost and requisite quality. The two fold interior of economy and qualify is not necessarily equivalent to the popsilar criterion of the success of private enterprise. The criterion is almost Invariably profit. Gorwala does not approve profitability as the criterion of a private enterprise. He says, “the claim of efficiency made on behalf of private enterprise as a whole is often exaggerated. One thing about which Gorwala was certain was that there are “certain factors (in private enterprises) that are conductive to economy in management and quality in production incentives in two kinds of enterprises are generally different. The objective of state enterprises may not always be profit making where as it is always be profit making where as it is always so incase of private enterprise. In case of public enterprises, the primary objective is public service or pubic security the direction and management in case of private enterprises is personal with full time paid employees as directors: Accurate estimates and prompt action is not appreciated in case of public enterprises. Again lack of personal risk in case of important matters is treated in dilatory fashion. The management and direction of a public enterprise to in personal and occasionally even detached authority running a public enterprise is not likely to be able to use his own discretion to the same extent as the director incharge of a private concern. While the later is autonomous, the former is generally controlled. The problem in its essence is to devise, with specific reference to the types of enterprises already mentioned forms of organisation which retain the flexibility and effectiveness of the best private enterprise with in the broad framework of parliamentary and ministerial responsibility.” The Kemel of the problem is provision for safeguarding the national interest without encroaching upon the administrative independence of the organisations and usurping their managerial-responsibility. “The essentials of such an arrangement are that while it is established by govt, and remains within the operative sphere of the machinery of the state, it retains a large degree of autonomy. It the most suitable instrument in respect of all or any of the types of enterprises mentioned is one outside the machinery of government then obviously the question of an autonomous organisation with in the frame work of the state does not arise.” Gorwala was very specifically clear that if for any reason the relatively of autonomy could not be provided in regard to the setting up or surviving of any particular enterprise then also an autonomous organisation can’t be useful. Gorwala says that whatever the form, without suitable men at the highest level of management, the governing board or the board ofdirectors, the likely of success is very little. Once autonomy is guaranteed, there should not be any attempt on the part of the government to interfere or control the same from back door. Composition of the Board of Directors should be such as to sub-serve only one purpose, that of good and efficient direction of the public interest. Gorwala had pleaded against membership of Board of Directors M.P’s and ministers too should not be member, of overlapping of responsibility is to be avoided. If they were there indeed the autonomy of the organization would be negligible. Gorwala was against control and interference from back door as well as the departmental representatives. “The presence of departmental representatives means in fact, the destruction of autonomy.” There should not be a place for representative of various interest on the Board of Directors. The members of Board should regard their selves as high custodians of public interest there is one room on such board for part time ex-officio government servants. The best solution from all points of view would seem to be a whole time board composed of personal drain from both government service & business. 1.    The internal management of an autonomous enterprise must be under the control of the board and not of govt. 2.    large scale organisations can be administered except on the basis of modern scientific administrative/ management techniques. Gorwala opened that efficiency in India even in case of reputed industrial concerns was generally based on the rule of thumb methods.” 3. The personnel too must be brought up on traditions somewhat different from those of government service. 4.    Personnel in public enterprises must imbibe zeal for public service, resource fullness for prompt action. Centralization and bureaucracy must be avoided and responsibility and authority must go together. Outlook of personnel in public enterprises should be different from that of government departments. The autonomous corporations must possess and create “New” kind of mentality and bring to gather a body of men and women to whom this “approach” should be completely natural. 5.    The personnel should be selected on the basis of suitability either from government 196 existing concerns for appointment as general managers (age group of 40-50 yrs.) and later for their replacement by between age group of 30-40 years might stand taken from the same sources and provided training for few years. The ultimate basic material, will however, be provided by taking in men with good general education between the ages of 20-25 years they should have bias towards economic and business matters. The could be given training in proper production and state methods by attachment to good firms. Some of them could be sent abroad for training after binding them to serve government concerns after training abroad through contract. 6.    Permanent government employees deputed by government on contract hasis terminable with a months notice. There improves on deputations need not be assimilated to government pay scales. Training needs to be given keeping in view the nature of the public undertaking. 7.    In regard to the interval management, it has to be ensured that the goods produced has to be ensured that the goods produced fulfill the test of economy and quality, Proper cast accounting a take care of economy. As regards quality statistical quality a control has given good results. It introduces a good check at small cost. Maintenance of proper commercial accounts is essential in quality audit too ought to be commercial control system. 8.    The industrial system must satisfy the principles of justice. It must give to the worker a secure and adequate likelihood reasonable conditions of work and a full opportunity to share in the making of conditions upon while his happiness and work will depend. He most not feel that his life is at the hazard of another mans will. 9.    Special measures are necessary to protect the consumer’s interest, Consumer’s council may provide a forum for the expression of grievances whether there are of a general type efficiency a whole area or a particular type affecting an individual. Prince tribunal duties are to examine all rates and before whom in anybody could complain. These tribunal’s after valuable protection against under charges, inferior quality and invidious preferences. For effective functioning of price Tribunal an objective external check of both costs and quality is inevitable. B.    PAUL. H. APPLEBY ON RE-EXAMINATION INDIA’S ADMINISTRATIVE SYSTEM. Similarly Paul. H. Appleby was invited as consultant in Public Administration of the Ford Foundation (U.S.A.) by the late Prime Minister Pt. Jawaharlal Nehru Published Report of Paul H. Appleby in 1959 entitled Re-examination of India’s Administrative System with special reference to administration of Government’s Industrial and Commercial Enterprises. Indian Political leadership was facing in those years tremendous need and many difficulties both primary objectives which were served convincingly with vision, wisdom and hard practical performance. Appleby had towering personality of Pt. Nehru always weighing in his mind while making rewards about understanding of political leadership in such a complex, difficult and trying period of financial crises Appleby had good words to comment about well-directed Community Development Programme, as successful far beyond any reasonable expectations. Appleby starts with such observation that “the great achievements of recent years have been made beyond the capacity of the Indian Administrative system. Great results have been achieved by working key personnel very excessive hours by sebum persistence of pragmatic officials in the face of frustration. In Indian Administration system great reliance has to be inevitable reposed on a small number of personnel and much larger achievement reliance must be on a greatly improved organization performance of systematic character. Appleby had adopted soft line of intimism of a hospitable government and relatively honest Prime Minister (Nehru). Appleby’s criticism was addressed to the while general administrative process. Appleby thought that it would be unrealistic however to assume that reform of sufficient dimensions can be effected rapidly enough throughout the govemment.” “Greatest stream on the government will arise in the area of greatest novelty and new emphasis namely the area of industrial and commercial enterprises,” Appleby was not sure that by require special key officials performing major role in this kind of new activity, then what has been done will be found to be much more than he personal resources can make at all possible.” Appleby called any attempt to differentiate a company or corporation as finite, painless doctrine full of confusion with linked present meaning in India context. The slogan is to “make government business like a phrase on the face of it anomalous, since any organ of government must be most distinguished by as public character and its public responsibility: A sound descriptive phrase would be “government type corporate”. There is no magic in Board of Directors, and none in the word “corporation” or a “Company” No other eminent scholar of public administration then the stature of Paul H. Appleby reminds we Indians to be Indians first while looking at problems of administration in India in these worlds. “Solution appropriate here must be developed by Indians in terms of the Indian context and very much in terms of the Indian urgency.” Appleby has rightly cautioned Indian not to blindly militate whatever they find in UK, USA. origin the West. Despite such repeated warnings, the LAS personnel who visit Western Training School of Administration blindly what is taught to them in the West. These L.A.S. officers have failed to develop their own “models which they can proudly call Indian model to be used on Indian soil” Autonomy Debate in Public Sector Undertakings: Appleby had mentioned about Indians concern and theoretical confusion about autonomy for the industrial and commercial enterprises. Appleby says that this unfounded concern about presumed conflict between that need and the need for public accountability and responsibility and government control is meaningless because, it should go without saying that true autonomy is out of the question and not-seriously proposed by any informed person. Appleby feels that “In democratic government, government can always and should always be able to intervene in any matter really important to government Governmental intervention in case of really important industrial concerns should be limited and restricted. Autonomy to public enterprises meant to Appleby a “wholly unprecedented degree of delegation of authority to make decision.” Root of India’s Administration Problems: “One of his dicta that specifically point to the root of India’s administrative problem is an in assistance on the avoidance of the making of decision which should be made by others notable by subordinates: Here traditional practice is so far in the other direction that there has been a monumental failure to develops in subordinates the capacity needed to accept and use delegated responsibility “Appleby had advocated change in administrative practices if not in govt, then at least in case of commercial and industrial undertakings Its thought India was in state of emergency (in 1958-59) as if nation was at war Its success in this emergency depends upon rapid decision making rapid action” Tall objectives smoothened in Procedures: Appleby speaks high of “idealism” great vision “in Indian govt, also” to much of idealism and imagination characterising the setting of objective which gets smoothened in procedures dominated by small thinking”. Size of Government: Union, State, municipal or rural size of government in bound to and r growing. But there is failure to realise and understand, the heart of problem, the rapid growth and size of government bound to compel changes in procedures directly related to the size of the government. Indictment of Existing Procedures: He was critical of the procedure followed in India in grant of money, although a prior agreement in principle might have been already reached. All moneys which are to be spent for the purpose already agreed may not be readily available for disbursement. Specific decisions incident to effectuation of purpose in India are reviewed by too many organs of the government in too detailed, too repetitive and too negative terms.” Appleby has mentioned about too many barriers in way of program agency personnel inIndia. Perhaps nowhere else have so many systematic barriers been erected to prevent the accomplishment of that which it has been determined should be done.” Many ministries who may have slightest of interest or relevance must cancer the implementation stage of a project. Sometimes proposed transaction come up for review in relevant ministry, which under procedure followed, are referred to such a subordinate staff who may not have either experience or knowledge of the kind of project being dealt with. Usual focus of subordinate staff is a precedent.” The focus on precedent encourages subordinate in a chronically negative and timid attitude. Ministry of Finance & Home Affairs: Ministry of Finance should only advise whether it “approves” or does no approval a proposal for a project. Appleby claims all decisions to be tentative till approved or disapproved finally by cabinet. Parliament or the people. He was highly critical of the review process. Appleby thinks that the chief concern of the Ministry of Finance should be to develop intra-ministerial financial competency in the programme agencies, to transfer the accounting function to the Ministries under the general direction of Finance to limit the role of CAG to improve personnel recruitment. Ministry of Home Affairs & U.P.S.C.: Where personnel arrangements not in strict conformity with usual practice are involved, a matter referred to finance is by finance referred automatically to Home Affairs and Home Affairs is in many matters dependent upon the Public Service Commission”. In ministry of Home Affairs, “review” is done at two levels curiously, the problem is reversed at the Public Service Commission, where almost everything requires Approval, Appleby suggested reform in the selection procedure as adopted by Home Ministry in case of selection of one or two individuals for specific posts of very high category. Comptroller and Auditor General (CAG) Appleby found that Audit Report for the central govt, was on the while a should document whatever transactions which appeared to be in bad light to auditors could appeal to be reasonable if information available to the ministries had been utilized. Indian agencies one and all, “are more thoughtfully critical of other agencies than they are of their own performance.” Appleby was highly critical of the functions of CAG “If he says, is in large measure an inheritance from colonial rule. The function did not impede the British rule but it greatly restricted the Indians who served the government. The restrictions were sought by government in a situation of provincial administration largely concerned with police and taxation functions and not engaged in rapid a pursuit of welfare state objectives. After independence CAG’s abuses become ‘vivid. At first reaction there was “disregard” of these restrictive measures but is due course the old restrictive effects were restored and strengthened. Reviewing CAG: Appleby says that “the net of this uncorrected situation is that the CAG is today a primary cause of widespread and paralysing unwillingness to decide and to get.” This audit by the CAG will be generally directed towards a review of the decisions taken by the Board of Directions to ascertain to what extent their powers have been exercised in the best interest of the undertakings to see whether the powers delegated to the Chief Executives have been exercised properly. Parliament is at fault when it exaggerated notion of and the importance of auditing to Parliamentary, responsibility” and so has failed to define the functions of the CAG as the constitution contemplated it would do. In to the vacuum thus left the auditor has moved. “To many of his reports are mere substitutions of hind sight for the kind of judgement possible and necessary and proper at the time of action. Summary of Recommendations of Paul, H. Appleby Ford Foundation Consultant: 1.    Mr. A.D. Gorwala was asked by the Government of India to recommend measures to improve administrative system of the country in 1951 Mr. Gorwala presented his report in June 1951. 2.    Paul H. Appleby a Ford Foundation Consultant in Public Administration, too was later in. 1958-59 requested by O&M Division of cabinet secretariat to review Administrative System of India with special reference to Public Sector Undertakings. 3.    Gorwala ridiculed claim of “efficiency” by private enterprises similarly the was not in favour of “profitability as the role criticism o working of PSU of India. 4.    Disadvantage of Public Sector says Gorwala is the govemment becoming “model employer” thus making public enterprises more and more unprofitable. 5.    Gorwala suggested that public enterprises need to be “flexible and effective,” safeguard national interest without encroaching upon the administrative independence and usurping the managerial responsibility. 6.    Public Sector units need large measures of autonomy. 7.    In case of internal Management, Modern techniques, new ideas, new procedures and practices be introduced. 8.    Paul H. Appleby was critical of Indian Comptroller and Auditor General as merely “pedestrian”, Indian solutions need to be developed to solve Indian problems. 9.    Indians insist to avoid taking decisions and also own responsibility there is No Rapid Decision Making and No Rapid Action. 10.    Existing Procedure are cumbersome. 11.    Open more institutes of Public Administration in the Country. 12.    The remedy to India’s Administrative ills lies in Reform. 13.    The procedure adopted by the Ministry of Finance needs to be improved as there still swell suspicious, doubts and mistrust. 14.    The institution of CAG also needs to improve its function from highly critical to reasonably reviewing agency rather than a punitive agency. 15.    Nothing can get Indian Administration out of the mess transmitted from years since 1857 on wards unless govt, of India is not willing to improve organizational structure (Ministries. Department, allied attached agencies to Ministries) and various Administrative Processes, Procedures, Rules Codes, practices & Methods of doing things. Northcote Trevelyan & Fulton Report The committee was appointed by The Majesty. The, report was presented the both houses of British Parliament by command of The majesty on 23rd November, 1853. There were two members of Committee namely Stafford. It Northcote and C.E. Trevelyan. It has come to be known as Northcote Trevelyan Committee. This Report was a landmark in the history of civil services in U.K.After Northcote- Trevelyan, there were numerous committees and commissions who had studied civil service in UK. but none had aroused so much hue and cry as did the Fulton. Fulton committee had touched the basic foundation of civil service of UK. e.g. its essence of being a simple “generalist Service Fulton rightly pointed out the much changed nature of state its function duties of administrative officers of the Northcote. Trevelyan Days (1853). Fulton (1966) found British civil services not sufficiently equipped technical or specialised nature. Civil Service in Britain: At the time Northcote Trevelyan Committee A department is the unit of administration in II K. The British Department may be classified in to “ministries” and non- ministerial departments. A ministry is directly under the control of minister who is responsible to Parliament for the activities of his department. A non ministerial department is one that although staffed by civil servants has not been placed under the direct control by a minister. But to be sure, there is always some minister who is responsible to Parliament for its operation. Nevertheless, these minor departments are virtually independent of the supervising ministry and, in fact, many of these even presents and, in fact, many of these even present their own estimates before Parliament. Minister ermanent Secretary Dy. Secretary Assistant Secretary Senior Principal Executive Officer Recommendation of Northcote-Trevelyan Committee about British Civil Service: Stafford H.Northcote Trevelyan had submitted their report in 1853. The principal recommendations of Northcote Trevelyan were as given below 1.    Recruitment to the civil service should be by open competition, not by patronage. 2.    Examination for recruitment should be conducted by “Central Board” i.e.: Civil Service Commission. 3.    There should be a division between intellectual and routine work, the age of admission in the case of persons recruited for intellectual work should be from 17 to 25 in the case of persons to routine jobs it should be from 17 to 21. 4.    There should be opportunities for promotions within the civil service. All the above mentioned recommendations were implemented gradually without giving a “hot” and “shock” to the strong fortress of mandarins who would have created strong imbalance leading towards governmental and administrative instability. The civil service has been in the past a continuous object of critical evaluation, scrutinizing and objective assessment it has emerged for the last one and half century as strongest fortress of status quo in UK. Other important commissions of inquiry appointed to review working of civil service in U.K. and its various aspects is given below: 1.    The Play fair Commission (1875) 2    The Royal Commission a Civil (Establishments (1890) Ridley Commission. 3.    The Royal Commission on the Civil Service (1915) called Mac Donald Commission. 4.    The committee on Recruitment-on-the civil service (1918-19). 5.    The Royal Commission on Civil Service (1931) called the Tomlin Commission 6.    The relay Commission on the civil service (1955) called the Priestly commission. Method of supply of a Best men with highest qualifications: The general principle then which we advocate, is that the public service should be employed from the first upon work suited to their capacities and their education and should be made constantly to feed that their promotion and future prospect depend entirely onto industry and ability with which they discharge their duties, that with average abilities and reasonable application, they may look forward confidently to a certain provision for their lives, that with superior powers they may rationally hope to attain to the highest prizes in the service while if they prove decided by incompetent or incurably indolent they must expect to be removed from it.. Training of Civil Servants: “The first question which were presents itself is, whether it is better to train young men for the discharge of the duties which they will afterwards have to perform, or to take men of mature age, who have already acquired experience in other walks of life. Our opinion is that as a general, it is decidedly bet to train young men, without laying too much stress on the experience which a long official life necessarily brings with it we can’t but regard it as an advantage of some importance. “We accordingly recommend that a Central Board should be constituted for conducting the examination of all candidates for the public service whom it may be thought right to subject to such a test. Such a Board should be composed of men holding an in dependent position and capable of commanding general confidence, it should have at its head an officer of the rank of Privy Councillor, and should either include, or have the means of obtaining the assistance of persons experienced in the education.” Examination of Public Servants: It should be made imperative upon candidates for admission to any appointment (except in Certain Special cases which will presently be noticed) to pass a proper examination before the Board and obtain from then a certificate of having one so. Scheme of Promotion: If the opinions of the gentlemen engaged in the civil service could be taken on the subject of promotion it would probably be found that a very large majority of them could object strongly to what is called promotion b merit. The reason they would assign would be that promotion merit would usually second promotion by favouritism. It ought, therefore to be a leading object with the Government so to regulate promotion by merit to provide every possible security against its abuse, and for this purpose we are of the opinion that the following system should be adopted. On the occurrence of a vacancy in any class, the chief clerk, or other immediately superior officer, should furnish the secretary of the department with a return of the names of a certain number (m no ease less than three) of the clerks at the head of the class below, accompanied by a special report-upon the services and qualification of each.” Fulton Committee on Civil Service: In 1966 a committee on the civil service, popularly ailed the Fulton Committee after the name of its chairman Lord Fulton wax constituted Between Fulton and Northcote Trevelyan, seven committees and commissions were appointed but no substantial improvements were recommended by these commission & committees or the Govt, of great Britain did not find it worthwhile to implement their rerecommendations. Northcote Trevelyan discontinued that the shameful practice of patronage to the substituted b merit examination on competitive basis. The process of merit oriented recruitment system gave birth to ‘generalist administrator who alone could occupy to positions in public administration of the country and participate in policy making process of the Government. it was the historic task of the Fulton Committee to rescue the British civil service among others, from the obsessive cult of generalist. It converted it into a professional service competent to answer to the demands of a rapidly changing highly technological society. Nothing short of a basic transformation in the prevalent structure and practices of the Civil Service was the Fulton Committees verdicts. It diagnosed six principal weaknesses of the Civil Service that stood in the way of its effectiveness, preventing it from discharging efficiently the present and prospective responsibilities of the Government. The Civil Service before 1966 was based on the philosophy of generalist administrator Nature of Civil Service in UK. Before Fulton Committee Report: 1.    It was amateur, generalist Civil Service, i.e.: non-specialists used to take majority of the decisions on behalf of the community as a whole. 2.    The “cult of generalist” and its philosophy for over hundred years had institutionalized the Civil Service as in elite administrative class 3.    The “Administrative class as elite service occupied all senior positions of British Civil Service 4.    The logic of amateur generalist civil service was that the best administrator was supposed to be a gifted layman who moved from one job to another at frequent intervals and took decision on the basis of his knowledge and experience of the machinery of government; irrespective of the available substantive knowledge, irrespective of the available substantive knowledge in the concerned subject. “This view was obsolete” at all levels and all parts of the service. 5.    The civil services consisted (1965-66) of various services called classes”- each of which of which functioned, more or less as a compete by separate entity. a)    “Higher” or First Division consisting of graduates four Oxford and Cambridge Universities. b)    “Lower Divisions comprising recruited through a test of reading, writing, arithmetic expanded in a course of time into administrative class of senior civil servants. b. c)    The Executive Class (of middle managers) d)    The clerical class In addition to above “classes” separate classes were created on the basis of occupations or of profession qualification. All these classes had become so rigid and jealous of their jurisdiction every job in public administration fell in one class or the other and movement of persons between than was rare. At the time of submission of Fulton Committee Report, there were in all 47 general classes whose members were posted in most Government Departments, also there were over comprised single members. 6.    The specialist employed in the Closet, generally remained departed authority that was commensurate with their responsibility and of opportunities of advancement. Specialists were made second to generalist administrators, were compelled to function as “second rateadministrator functioning at the administrative periphery. The administrative system number of specialists in public administration in the pursuit of their specialism 7.    “Too few civil servants were trained in public administration. Even members of the administrative class who were engaged in administration direct by lacked managerial skills. This state of affairs could not but impede the efficiency of public administration in delivering goods to the society. 8.    Aloofness of civil service from society civil servants-lacked opportunities to have direct and comprehensive view of life as lived by ordinary citizen. The social base of the civil service more over was also too narrow which contributed in no significant measure to the distance between civil servant and British community. and 9.    Unsystematic and unsound personnel administration of British Govt. No one was even aware concerned for career planning and career management development to the British Civil Service Transfers of civil servants were all too frequent and where no linkage in their experiences. Summary of Main Recommendations of Northcote and Trevelyan Report: 1.    To provide, by a proper system of examination for the supply of the public service with a thoroughly efficient class of men 2.    To encourage industry and foster meant by teaching all public servants to look forward to promotion according to their desert and to expect the highest prizes in the service if they can qualify themselves for them. 3.    To mitigate the evils, which result, from the fragmentary character of the service, and to introduce into it some elements of unity by placing the first appointments upon a uniform footing Fulton Committee 1.    Fulton recommended that there should be gradual Induction of specialists and professional into the generalist, civil service of UK 2.    Culture of Generalist should be destroyed or modern administration is becoming highly technical. 12.8    SUMMARY The civil service was based on the Philosophy of Generalists administrator in India. In its turn this policy reflected the generally accepted principles in its country (i.e. UK) that nonspecialists should take the major policy decisions on behalf of the community as a whole. The administrative class was the institutionalisation of this cult. The administrative class was the UK elite service and as a rule, its members occupied all senior positions in the Government. This view as the Fulton Committee most emphasised, is absolute at all level and in all parts of the service. 12.9    GLOSSARY 1.    Generalist :In India, Generalist do not have to specialize in the discipline of Public Administration. 2.    Specialisation. : Professional in the civil services and they are in India grouped into Sixteen Civil Services. 3.    Corruption. :The use of public power for private profit/gain. 12.10    REFERENCES/SUGGESTED READINGS: 1.S. R. Maheshwari, “Indian Administration”. New Delhi, 1988. 3.    S.L. Goel, “Public Administration and Management”. New Delhi, 1998, 4.    https://tnl-uploads.s3.ap-southeast-1.amazonaws.com/production/35387ad9-e8c8-4b30-b2d2-9a260d061e0d.pdf 5.    https://shodhganga.inflibnet.ac.in/bitstream/10603/377631/9/09_chapter%201.pdf 6.    https://www.scientiamoralitas.com/index.php/sm/issue/download/16/19 7.    https://dx.doi.org/10.2307/4357163 8.    https://rightsandresources.org/wp-content/uploads/2014/01/doc_5589.pdf 12.11 TERMINAL QUESTIONS 1.    Examine critically the problems of Generalists and Specialists in India and UK. 2.    Discuss Corruption. What are the measures for containing this problem in India? Unit-13 Pay Commissions in India and their Role in Administrative Reforms. Structure 13.0. Learning Objectives 13.1 . Introduction 13.2    pay commission in India 13.3 . Composition pay Commission 13.4    Summary 13.5    Self check exercises 13.6    Glossary 13.7    Answer to self-check exercises 13.8    Suggested reading 13.9    Terminal questions 13.0. Learning Objectives After going through this lesson, the student will be able to understand •    The pay commissions of India •    The function performed by pay Commission 13.1 . INTRODUCTION Pay Commission is set up by Government of India, and gives its recommendations regarding changes in salary structure of its employees set up in 1947, Since India's Independence, seven pay commissions have been set up on a regular basis to review and make recommendations on the work and pay structure of all civil and military divisions of the Government of India. Headquartered in Delhi(India), the commission is given 18 months from date of its constitution to make its recommendations.A Pay Commission is an administrative system and mechanism of the Central Government that reviews and examines existing salary structure and recommends changes (in pay, allowances, benefits, bonuses and other facilities) for civil employees and military forces. The Second Administrative Reforms Commission (ARC) was constituted on 31 August 2005, as a Commission of Inquiry, under the Chairmanship of Veerappa Moily for preparing a detailed blueprint for revamping the public administrative system Pay commission is a body set up by the Central government those reviews and recommends changes to the salary structure of the employees. This panel also reviews the bonuses, allowances and other benefits of the employees. It recommends changes for central government employees and pensioners as well as the defence forces.So as inflation eats into the purchasing power of money, it is important to adjust salaries of government employees. The pay commission is responsible for salary revisions of all the central government employees and pensioners and its decisions affect millions of people. While reviewing the salary structure, the pay commission takes into account the prevailing economic conditions, inflation, fiscal position of government among various other factors. It is not mandatory for the government to accept the recommendations of the pay commission. The government may choose to accept or reject the recommendations.Pay commissions are usually constituted every 10 years and the first pay commission was set up in 1946. Since Independence, a total of seven pay commissions have been formed. The latest pay commission was set up in 2014 and its recommendations came into effect in 2016. Currently, central government employees and pensioners get the salaries based on recommendations of 7th pay commission. The 7th pay commission has made some important recommendations which were accepted by the government including introducing a new pay matrix and keeping the annual increment rate at 3%.So, if the pay commission’s review of salary structure comes after a significant time gap, how do employees get protected from inflation. To compensate for real value erosion of employees' salaries due to inflation, the government periodically reviews Dearness Allowance (DA).The Dearness Allowance revisions are also based on the previous pay commission and differ from employee to employee. 13.2    pay commission in India Pay Commission is set up by Government of India, and gives its recommendations regarding changes in salary structure of its employees set up in 1947, Since India's Independence, seven pay commissions have been set up on a regular basis to review and make recommendations on the work and pay structure of all civil and military divisions of the Government of India. Headquartered in Delhi(India), the commission is given 18 months from date of its constitution to make its recommendations First Pay Commission The first pay commission was established on January, 1946 and it submitted its report in May, 1947 to the India. It was under the chairmanship of Srinivasa Varadachariar.The mandate of 1st (nine members) was to examine and recommend emolument structure of Civilian employees. Post War Pay Committee for the armed Forces Armed forces emoluments structure was determined not by the 1st Central Pay Commission(CPC) but by a Departmental Committee which had service members.The task of this committee was to make recommendations "in the structure of emoluments and benefits of service personnel in the light of the recommendations made by the pay commission for civilian employees”. The First Pay Committee, set up after the 1st pay Commission, was called "The Post War Pay Committee for the armed Forces". The New Pay Code effective from 1 July 1947 was based on the recommendations of this committee. The pensionary benefits were examined by separate committee called " Armed Forces Pension Revision Committee (1949–50)". Second Pay Commission The second pay commission was set up in August 1957, 10 years after independenceand it gave its report after two years. The recommendations of the second pay commission had a financial impact of ₹ 39.6 crore. The chairman of the second pay commission was Jagannath Das. Raghuramiah Committee The Departmental Pay Committee, set up after the 2nd pay Commission, was called, the Raghuramiah Committee(1960), which had service representatives. It examined armed forces emoluments and made recommendations Third Pay Commission The third pay commission set up in April 1970 gave its report in March 1973. Third Pay Commission and the Armed forces Introduction. 1.    3rd CPC was the first CPC for Defence Forces. I quote from para 5, Unit 48 Vol 3 of the report, "5. It is for the first time that a Pay Commission has been asked to enquire intothe, structure of emoluments of both the civilian employees, of the Government and the Armed Forces. In the past, the latter, was entrusted to departmental committees which included the representatives of the Services also." 2.    There was no bureaucratic interference in proposals made by services. Ex Chiefs Gen Kumaramangalam and Adm Chatterjea were invited for discussions besides some other veteran officers. I quote from para 7, Unit Report of the Third Central Pay Commission, 1973.Vol.IV. 48 Vol 3. "Report of the Expert Cell was finalised only by the Service members. The Ministry of Defence in, their letter forwarding the Report of the Expert Cell in June, 1971, clarified that "the views contained in the Report are those of the Service Experts, as endorsed by the three Service Chiefs". 3.    Commission also visited forward posts at heights of 13000 feet, air bases, ships, submarines, ordnance depots, hospitals, etc. to gain first-hand experience of service hardships. There is no evidence of any bureaucratic or political interference in the report. The CPC was headed by a retired Supreme Court justice, Shri Raghubar Dayal.Report of the Third Central Pay Commission, 1973.Vol.III. The commission was of the view that the most practical and equitable method for determining Service pays would be on the basis of fair comparison with the pay rates fixed 214 for the civilian employees of the Central Government. This nexus becomes all the more relevant and desirable when we recall that recruitment to our Armed Forces is on a voluntary basis, which means that persons have to be attracted from civilian life. The quality of recruitment to the Armed Forces will be satisfactory only if Service pays are comparable to levels of remuneration in civilian employment. A link between the two is therefore, inherent in the case of volunteer armed forces. In 1973, the Government implemented the following changes in pensions of the Armed Forces: Pensions before 3rd CPC. Pensions were worked in fractions and not in percentages, as is being claimed by many dubious sources. For ease of understanding, fractions will be converted to percentage in subsequent text. Armed forces Pensions. Armed forces pay and pensions were lower than those of the Britishers. During second world war these were hiked for obvious reasons. After world war was over these were reduced drastically and brought more or less in line with civilians. After Independence, pensions of Armed Forces were fixed by Armed Forces Pension Revision Committee (AFPRC). Its recommendations were implemented w.e.f 1st Jun 1953. Pensions remained more or less fixed till next pay commission for civilians was finalised. For example, a Lt Col drew a fixed pension of Rs.625/- from Jun 1953 till Oct 1961. No DA/DR was admissible to pensioners before 3rd CPC. Later pension was increased to Rs 675 in Oct 1961. In Sep 1970 pension was reduced to Rs 587/- to compensate for grant of Death Cum Retirement Gratuity (DCR). As for as PBOR are concerned, upper retirement age was 50 years for Army and 55 years for other two services. For officers and PBOR, AFPRC used the formula of 1/60 to work out pensions rank wise. Maximum pension was capped at 30 years of service. A person retiring with 30 years or more of service got a pension 30/60 (50%) of the rank emoluments. The pension was not worked for individuals. It was worked rank wise. Rank was to be held for at least 2 years to get pension for the same rank. However, it was based on the minimum pay of the rank for officers and mean of the pay group for PBOR. There was a depression of 2 years for PBOR who served from 15 years to 25 years. Therefore, soldiers were compensated for 13 years of service while they actually served for 15 years and so on. This depression was removed in 1968. Service pensioners did not receive any DCR till 1970. In 1970, DCR was introduced, whereas civilians were receiving DCR since 1950 with their pensions reduced proportionately from 1/60 (50%) to 1/80 (37.5%). The loss of pension was 1 2.5% to compensate for DCR. On similar lines, to compensate for DCR in 1970, officer's pension was reduced by appx 8% and PBOR 11%. From the information given above, it is evident that before 3rd CPC a PBOR retiring with 15 years of service got a pension of 15/60 (25%) less 11%. A PBOR retiring with 30 and more years of service got 30/60 (50%) less 11%, appx. 39% of his emoluments as pension. It is clear that no PBOR got a pension of more than 39% of emoluments contrary to the belief that the PBOR pensions were 70% before 3rd CPC and OROP were in vogue. Report Liberalised Family Pension: Conditions. Mrs Indra Gandhi for the first time introduced Liberalised Family Pension for war widows and their children. It was made effective from 1947 to include all past operations including Counter Insurgency Operations. In case of death of an Armed Forces Personnel under the circumstances mentioned below, the eligible member of the family is entitled to Liberalised Family Pension equal to reckonable emoluments last drawn, both for officers and PBOR. Liberalised Family Pension at this rate is admissible to the widow in the case of officers and to the nominated heir in the case of PBOR until death or disqualification. decided to grant Liberalized Pensionary Awards equivalent to the basic pay +increments +rank pay +good service pay+ dearness pay + home saving element to the nominated heir of PBORs of Armed Forces personnel as well as NCs(E), (including APS and DSC personnel), who were killed in action or disabled in the operations against any neighbouring country and as well as in following actions: 1.1947–48 Kashmir Operations, international wars of 1962, 1965 (including Kutch and Kargil Ops.), 1971, as well as Goa and Hyderabad operations. 2 . In warlike operations or border skirmishes either with Pakistan on cease fire line or any other country, operation against armed hostiles like Naga & Mizos and also while deployed in peace-keeping mission abroad. 3 .During laying or clearance of mines . These benefits were granted w.e.f 1-2-1972 to the nominated heirs / NoKs of all personnel who were killed in above actions and operations from 1947 to 1948 onwards. Rates of Liberalised Family Pension. Under this category nominated heir of the PBOR will be granted Lib. Family Pension equal to the reckonable emoluments last drawn which includes Pay in pay band + GP + MSP + X Group Pay if any + Classification allowance actual drawn if any until death or disqualification. If a PBOR is not survived by widow but is survived by child (ren) only, all children together shall be eligible for Lib. Family Pension at the rate equal to 60% of reckonable emoluments till his/her disqualification i.e. attaining the age of 25 years. On death / disqualification of senior most children it will pass on to next eligible child. And the crippled child if any will be granted continuance award of family pension when all children become disqualified. The crippled child will continue to receive this award for life at the rate equivalent to 60% of Liberalised Family pension. In addition, Civilians serving in field formations (cooks, washer up, water carriers etc.) were given uniform and made NC(E)s. Civilian Pensions. As far as Civilian pensions are concerned, their retirement age varied from 50 years for senior officers to 58 years for class 4 employees. Till 1950 they were not getting DCR and their pension was based on 1/60 formula and capped at 30 years of service. They received 30/60 (50%) of the last three years of average emoluments as pension. In 1950 DCR was introduced and their maximum pension reduced to 30/80 (37.5%). This continued till 3rd CPC. Therefore, Civilians as well as PBOR were drawing less than 40% of emoluments as pension by more or less using similar formulas. Both were getting similar DCR too. There was no DA/DR for any one. PBOR had no advantage on account of early retirement. Report Post 3rd CPC Pensions. Civilian pension formula wasn't altered much. The significant change was to increase qualifying service for pension from 30 to 33 years. Thereafter, maximum pension improved to 33/80 (41.25%) for 33 years of service. Formula for DR was worked out. “We have received numerous representations suggesting that we should recommend some measures for protecting the pensions of the existing Government employees from erosion O!l account of the possible increases m the cost of Living in future. We recommend that all future pensioners, irrespective of the amount of pension drawn by them, should be given a relief at the rate of 5 per cent of their pension subject to a minimum of Rs 5 per mensem and a maximum of Rs. 25 per mensem. The relief at these rates should be given as and when there is 16 points rise in the 12-monthly average of the All India Working Class Consumer Price Index (1960=100).” On the other hand, service pensions were revamped. Same 33/80 formula was used to work out defence pensions. There was no change in rank criteria for earning pension. Pensions were granted as per rank held for two years. Improvements were done to base pensions on the maximum pay of the rank and not minimum/mean pay as was the case earlier. The main highlight of the 3rd CPC was that for the first time weightage was given to Armed Forces for 217 early retirement and DR granted. PBOR, Lt Colonels, Colonels and Brigadiers got a weightage of 5 years, Majors 6 years and Captains and below 7 years. This resulted in a PBOR retiring with 15 years of service getting a pension @ 20/80 (25%) compared to 15/80 (18.75%) received by a civilian. A PBOR retiring with 28 years of service received 33/80 (41.25%) in comparison to civilian who received a lower percentage of 28/80 (35%). Hence, for the first time since independence Armed Forces had an edge over civilians in pensions. Fourth Pay Commission Constituted in June 1983, its report was given in three phases within four years and the financial burden to the government was ₹ 1282 crore. This commission has been set up on dated 18.3.1987, Gazette of India (Extra ordinary) Notification No 91 dated 18.3.1987, The chairman of fourth pay commission was P N Singhal. Fourth Pay Commission and the Armed forces Indian National Congress Government, headed by Rajiv Gandhi, in the wake of the 4th CPC to implemented concept of 'Rank Pay' for armed forces officer. Rank Pay affected all officers ranks from second lieutenant to brigadier in the army, and equivalent ranks in the Indian Air Force and the Indian Navy. The 'rank pay', which varied from 200 to 1200, was not an additional pay, but amount deducted from their pay grade. This ended long established err Military Indian Police service equations. Police Officers, and officers from other AIS officers, with 14 years of service, who were formerly in the same pay grade as majors, with 14 years’ service, were equated to Brigadiers, on the basis of the new pay grades. Maj General Satbir Singh an expert on Police- military rank structures and pay grades, called rank pay, "rarest of rare fraud, perjury and Injustice to the defence forces". He explained, "How could it be allowed that the first military rank of Second Lieutenant along with two promotional ranks of Lieutenant and Captain were all clubbed with the first civilian rank". Similarly, at the level of major "rank pay' had the effect of promoting civilian pay grades equal to major till the 3 CPC, to that of Colonels." The rank pay became an issue of considerable resentment in the armed forces, and cause of general distrust of the pay commissions, and the Congress I Government. Eventually, Maj AK Dhanapalan, a retired major, litigates 'rank Pay'. After protracted legal struggle high court, despite many appeals, in a landmark decision declares the 'rank pay' concept illegal. In its judgment the SC notes that the 'rank pay' was wrongly deducted from basic pay and ordered re-fixation of pay "with effect from" and not "as on" 1 January 1986 Fifth Pay Commission The notification for setting up the Fifth CPC was issued on 9 April 1994, but started functioning only on 2 May 1994, with the assumption of charge by the Member Secretary.The chairman of fifth pay commission was Justice S. Ratnavel Pandian. the members were: Suresh Tendulkar, Professor Delhi School of Economics; and M.K Kaw, IAS. In comparison, First CPC had nine members including military members, the second had six members including a military member, the 3 CPC and 4 CPC had five, but no military member. The fifth had three members, but no military member. The first had no member secretary, just a secretary. After the 1 CPC all pay commissions have had a member secretary, and invariably from the IAS. The 5 CPC report, a massive tome, had nine part in 172 Units. It took three years with a sanctioned staff 107, which ballooned to 141, to prepare the report.By way of comparison, 4 CPC took 209 bureaucrat Accounts Service, Indian Revenue Service, Indian Economic Service, Central Secretariat Service, Border Security Force, Geological Survey of India, Central Public Works Department and National Informatics Centre.It cost ? 17,000 crore. Part VI of report dealt with pensions and retirement benefits for civilian; Part VII dealt with pay scales and allowances of Armed Forces personnel. Part IX is the concluding part of the Report. Financial Impact of Fifth pay commissionOther recommendations One of its recommendations was to slash government workforce by about 30%. It also recommended to reduce the number of pay scale from 51 to 34 and to not recruit to about 3,50,000 vacant position in the government. None of these recommendations were implemented. Criticisms by World BankFifth Pay Commission and the Armed forcesTerms of Reference The 4CPC, for unknown reasons, had no separate TORs for the Armed Forces. The 5 CPC, however, for the first time was asked to examine the terms and conditions of the Armed Forces, and make suggestions for what is "considered desirable and feasible".Thus, the pay 219 commission noted ambiguously that "even their recommendations with regard to changes in the structure of emoluments including death cum gratuity in respect of Armed Forces Personnel had to be made with due regard to the terms and conditions of their service Lateral Transfer The 5 CPC, in its report submitted in January 1997, recommended increase in posts for Armed Forces personnel in Group C and D in Central Armed Police Forces (CAPFs) from 10 to 25percent. For Short Service Commissioned Officers, on completion of their military service, 5 CPC recommended earmarking 25 percent officer's post in the CAPFs. These recommendations by the pay Commission were intended to reduce the defence pension bill; save on training and recruitment costs; provide trained manpower to government departments; and provide soldiers a second career after their term of military engagement. These recommendations of the Pay Commission were, however, mostly ignored by the Janata Dal (United Front), and BJP Government of Atal Bihari Vajpayee that followed. Mulayam Singh Yadav, Defence Minister (1 June 1996 – 19 March 1998), Indrajit Gupta (Communist Party of India-United Front), Home Minister (29 June 1996 – 19 March 1998), and L K Advani (BJP), Home Minister (19 March 1998 – 22 May 2004) did little to implement these recommendations. The problem festered, and the pension bill ballooned. Sixth Pay Commission In July 2006, the Cabinet approved setting up of the sixth pay commission. This commission has been set up under Justice B.N.Srikrishna with a timeframe of 18 months. The cost of hikes in salaries is anticipated to be about ₹ 20,000 crore for a total of 5.5 million government employees as per media speculation on the 6th Pay Commission, the report of which is expected to be handed over in late March/early April 2008. The employees had threatened to go on a nationwide strike if the government failed to hike their salaries. Reasons for the demand of hikes include rising inflation and rising pay in the private sector due to the forces of Globalization. The Class 1 officers in India are grossly underpaid with an IAS officer with 25 years of work experience earning just Rs.55,000 as his take home pay. Pay arrears are due from January 2006 till September 2008. Almost all the Government employees received 40% of the pay arrears in 2008 and balance 60% arrears (as promised by Government) has also been credited in Government employees account in 2009. The Sixth Pay Commission mainly focused on removing ambiguity in respect of various pay scales and mainly focused on reducing number of pay scales and bring the idea of pay bands. It recommended for removal of Group-D cadre. Seventh Pay Commission The Government of India has initiated the process to constitute the 7th Central Pay Commission along with finalisation of its Terms of Reference, the composition and the possible timeframe for submission of its Report. On 25 September 2013 then Finance Minister P Chidambaram announced that Prime Minister Manmohan Singh has approved the constitution of the 7th Pay Commission. Its recommendations are likely to be implemented with effect from 1 January 2016. Justice A.K Mathur will be heading the Seventh Pay Commission, announcement of which was done on 4 February 2014 . On 29 June 2016, Government accepted the recommendation of 7th Pay Commission Report with meagre increase in salary of 14% after six months of intense evaluation and successive discussion In May 2014, a group of retired government officials, challenged the inclusion of a senior IAS officer in the three-member 7th Pay Commission, in the Delhi High Court. They alleged that this would lead an inherent bias in the commission's recommendations towards IAS officers. On 9 November 2017, the government raised the maximum amount that a central government employee can borrow from the government to Rs 25 lakh for new construction/purchase of new house/flat Earlier this limit was only Rs 7.50 lakh. This move is going to benefit about 50 lakh central government employees all over India. The employee can borrow up to 34 months of the basic pay to a maximum of Rs 25 lakh, or cost of the house/flat, or the amount according to repaying capacity, whichever is the least. If both spouses are central government employees, they can take Housing Building Advance (HBA) either jointly, or separately. Also, the rate of Interest on HBA will be only 8.50% at simple interest. SC constitute a new Pay commission for trial court judges On 19 November 2015, the 7th Central Pay Commission recommended 23.55% hike in pay and allowances which will be implemented from 1 January 2016. The full report is available on the website of Ministry of Finance, Government of India The Union Cabinet approves 7th Pay panel recommendations on 29 June 2016. The recommendations will be affected from 1 January 2016 with arrears to be paid in the financial year 2016-17 itself unlike previously, when arrears were paid in the following financial year. Also, this time, employees will be had to wait only 6 months for the CPC's recommendations to be implemented as compared to 19 months for the 5th CPC and 32 months for the 6th except for autonomous organizations like CSIR, ICAR, ICMR etc. under various ministries. Seventh Pay Commission and the Armed forces The recommendation of the 7CPC affecting the armed forces are a cause of profound unease and resentment in the Armed Forces, especially, 7CPC recommendation on separate 'Pay Matrices', and allowance system for the armed forces and defence civilians, and police, and other civil servants. While 7CPC provides for mandated timescale promotions to Defence civilians from audit and account services, police, and other officers at regular intervals of 4, 9, 13, 14, and 16 years of service; it does not do so for the armed forces officers. The orders implemented by the government on the basis of 7 CPC recommendation, despite armed forces advise and concerns, make time scale police officers and defence civilians with lesser service and experience, senior to armed forces officers, and potentially in command of armed forces officers of equal or senior ranks. For instance, Wing Commanders of the Air Force, commander of the navy, and Lt colonel of the army, with 13 years of service, according to MOD implementation tables, will be subordinate in 'level', rank, pay scale, and organizational hierarchy than police officers, auditors and accountants, with equal or even lesser service. MOD implementation order has created an invidious situation for armed forces officers when serving alongside defence civilians and police officers. According to the MOD orders, a police officer and Defence Accounts officer with 14 years’ service will be at higher level than the naval officer in command of INS Vikramaditya, India's Aircraft carrier, a highly selective rank and appointment, with some 20 years of service. In March 2016, eighteen former heads of the Armed forces, including General Ved Prakash Malik (former Chief of Army Staff) and Admiral Arun Prakash (former Chief of naval staff) sent a joint letter to Narendra Modi, the Prime Minister, conveying their distress and alarm on the flawed approach and contentious recommendations of the 7CPC. The representations by former Chiefs and the Chiefs of Staff to the MOD, the PM and other bureaucratic bodies reviewing the 7CPC recommendations were in vain. On 25 July 2016, without addressing or taking into account the key concerns of the armed forces, the Government issued instructions implementing 7CPC's "general recommendations on pay without any material alteration" including separate "Pay Matrices" (for civilians) and the armed forces. 13.6    Summary Pay Commission is set up by Government of India, and gives its recommendations regarding changes in salary structure of its employees set up in 1947, Since India's Independence, seven pay commissions have been set up on a regular basis to review and make recommendations on the work and pay structure of all civil and military divisions of the Government of India. Headquartered in Delhi(India), the commission is given 18 months from date of its constitution to make its recommendations. 13.7    Glossary Pay Commission:A Pay Commission is an administrative system and mechanism of the Central Government that reviews and examines existing salary structure and recommends changes (in pay, allowances, benefits, bonuses and other facilities) for civil employees and military forces. 13.8    Answer to self-check exercisesTo see a.    13.2 b.    13.4 13.9.Suggested reading 1.    "Vol III, 3rd Central Pay Commission Report Report" (PDF). New Delhi. April 1973. Archived from the original (Report, pdf) on 9 October 2016. Retrieved 6 October 2016. 2.    "Report of Seventh Central Pay Commission" (PDF). New Delhi: Government of India. 19 November 2015. Archived from the original (p 899) on 20 November 2015. Retrieved 19 December 2015. 3.    Singh, Maj Gen, Satbir (18 February 2013). "Who Is the Biggest Enemy – China, Pakistan or Babus". N Delhi: Indian Defence Review. Retrieved 4 November 2015. 4.    Pandian; et al. (1996). "Report of the Fifth Central Pay Commission Volume I" (PDF). Archived from the original (PDF) on 24 August 2015. Retrieved 26 August 2015. 5.    "Justice Ashok Kumar Mathur - Chairman, Seventh Central Pay Commission". Retrieved 4 February 2014. 6.    Aneesha Mathur (7 May 2014). "Inclusion of IAS officer in 7th Pay Commission challenged in Delhi HC". The Indian Express. Retrieved 17 September 2014. 7.    Report of the 7th Central Pay Commission". Ministry of Finance. Government of India. 8.    https://backup.pondiuni.edu.in/sites/default/files/Compensation-mgt-260214.pdf 9.    https://shodhganga.inflibnet.ac.in/jspui/bitstream/10603/262251/11/t%20v%20s%20n %20murty%2011%20july2019-305-369.pdf 10.    https://backup.pondiuni.edu.in/sites/default/files/Compensation-mgt-260214.pdf 11.https://en.wikipedia.org/wiki/Pay_Commission 12.https://en.wikipedia.org/wiki/Pay_Commission 13.10 Terminal questions • What do you understand by Pay Commission? Describe 7th Pay commission Report Unit-14Recommendations of Veerappa Moily 2nd Administrative Reforms Commission 2005.Structure 14.0. Learning Objectives 14.1 . Introduction 14.2    10th Report of 2nd ARC 14.3    Summary 14.4    Self check exercises 14.5    Glossary 14.6    Answer to self-check exercises 14.7    Suggested reading 14.8    Terminal questions 14.0. Learning Objectives After going through this lesson, the student will be able to understand •    The 10th report of 2nd Administrative Reform commissions of India •    The function performed by Government 14.1 . Introduction The roots of the civil service go back a long way in human history. The key to the survival of the ancient Egyptian civilisation that flourished as early as 3,000 BC, was the civil service – the historical model of all later bureaucracies. The waterways for the whole country needed central management, which required a body of scribes and officials. Once in place, the scribes and officials found their second realm of business in the extensive construction activities which were organised along military lines. It was only a matter of time before they took over the administration of the entire state. In China where the civil service has lasted from at least 200 BC, it played a crucial role in the preservation of the Chinese Empire from the time of Shi Hwangti. In China, the civil servants were recruited on the basis of merit and enjoyed a well-defined career path and security of tenure. Serving the state was considered a great privilege bestowed only on a chosen few with demonstrated talents. In Japan, the civil service provided continuity of administration since the Taika reforms of 645 AD, and that too, in spite of change of systems and transfer of power from one regime to another. The numerous Negro empires existed only briefly because they lacked an apparatus of officials. The unity of the Carolingian empire was under serious strain once its organisation of officials disintegrated. The nuclei of intensive modern states in the Middle Ages developed concomitantly with bureaucratic structures. Developing a civil service was an essential step in the process of nationbuilding in Europe. The modern bureaucratic state evolved in Europe, where the concept was considered such a breakthrough in administrative technology that it was transported to other countries. So, the concept journeyed eastward in Europe to the German principalities and Russia. In Prussia, the bureaucracy introduced extensive regulations to modernise the economy and the educational system on the pattern of the French; the system worked well only because the civil society was sufficiently developed to moderate the process of bureaucratisation. When the concept travelled further east to Russia, the state became excessively bureaucratic in the absence of a developed civil society to restrain it. In spite of valiant efforts by Peter the great, and Mikhail Gorbachev in recent times, the civil society in Russia has not been able to develop itself on the Western European model and act as a check on the bureaucratic state. In India, the legends of the Aryans speak of the evolution of the administrative apparatus. The gods, at war with the demons, were on the verge of defeat. In desperation, they got together and elected a king to lead them. The origins of the early Aryan administrative system may perhaps be traced to these legends. Kautilya’s Arthasastra stipulates seven basic elements of the 225 administrative apparatus. These elements are embodied in the doctrine of the Prakrits.They are: Swamin (the ruler), Amatya (the bureaucracy), Janapada (territory), Durga (the fortified capital), Kosha (the treasury), Danda (the army), and Mitra (the ally). According to Arthasastra, the higher bureaucracy consisted of the mantrins and the amatyas. While the mantrins were the highest advisors to the King, the amatyas were the civil servants. There were three kinds of amatyas: the highest, the intermediate and the lowest, based on the qualifications possessed by the civil servants. The key civil servant was the samahartr, who prepared the annual budget, kept accounts and fixed the revenue to be collected. The other key civil servant was the samnidhatr who kept records of the body of taxes realised and was in charge of the stores. A new stage in the evolution of the administrative order came at the time of Delhi Sultanate. The Sultanate was initially a classical conquest state and it was necessary for the rulers to establish and consolidate their authority and control over the newly conquered territories. This was done by assigning land on a temporary basis to the followers, who became the civil servants, while, at the same time, by transferring the holders of these assignments as frequently as possible to establish control over them. Such a system – the system of simultaneously appropriating a sizeable part of the social surplus and distributing it to the members of the ruling elite – so successfully introduced by the Delhi Sultanate – was adopted by contemporary states outside the Sultanate such as in Orissa and Vijayanagara. This system was responsible for bringing about a new conception of civil service which, through radically different from the Mauryan practice defined, in general, the structure and role of public bureaucracies in later years. The Mughal bureaucracy, for example, was based on the mansabdari system. Every mansabdar was invested with a mansab (a rank or a command) which determined his position in the Mughal bureaucracy. The mansabdari system was essentially a pool of civil servants available for civil or military deployment. The mansabdari system, as it finally evolved, became a combination of the higher civil service, the peerage and the army, all rolled into an omnibus civil service organisation. The civil service system in India during the British times was based essentially on the Mughal system, albeit with certain refinements. But the big changes came with the implementation of Macaulay’s Report. The Macaulay Report recommended that only the best and brightest would do for the Indian Civil Service. The Report said, ‘It is undoubtedly desirable that the civil servants of the Company should have received the best, the most liberal, the most finished education that the native country affords’. The Report insisted that the civil servants ofthe Company should have taken their first degree in arts at Oxford or Cambridge. The Macaulay Committee cannot be faulted for its enthusiasm to get the best and the brightest for the ICS. After all, the interests of the Empire itself demanded that the civil service of colonial India attract the best talents of the British universities. The Report suggested that the educational background of the colonial administrator should be even more comprehensive than that of the civil servant in England. In the words of the Committee, ‘Indeed, in the case of the civil servant of the Company, a good general education is even more desirable than in the case of the English professional man; for the duties even of a very young servant of the Company are more important than those which ordinarily fall to the lot of a professional man in England’. The advocacy for the best talents of England to look after the imperial interests in India could not have been done with greater sophistry. In 1835, Lord Macaulay did admit before the British Parliament: “I have travelled across the length and breadth of India and I have not seen one person who is a beggar, who is a thief. Such wealth I have seen in this country, such high moral values, people of such calibre, the very backbone of this nation, which is her spiritual and cultural heritage”. But Macaulay’s Report was a product of the times. At the time that the Committee reported, British political supremacy in India had matured into a paramount sovereign power capable of imposing its will through its bureaucratic agency. From Wellesley through the Marques of Hastings to Dalhousie, the political authority of the British in India kept growing; and the scope of operations of the Empire had increased substantially. Clearly, the services of the best and brightest were called for to sustain the Empire, maintain its territorial integrity and impose order. The ICS men were trusted agents of the British Government even though there were also many patriots among them. The ICS was the instrument of the imperial power, and the leaders of the Indian National Congress had made it clear during their struggle for independence that they wanted to abolish the ICS and all it stood for. Jawaharlal Nehru was ‘quite sure’ in 1934 that ‘no new order can be built in India so long as the spirit of the Indian Civil Service pervades our administration and our public services’, it being therefore ‘essential that the ICS and similar services must disappear completely’. Yet in the years afterwards the ICS tradition not only survived, it prospered. In the spring of 1964, Nehru was asked at a private meeting by some friends what he considered to be his greatest failure as India’s first Prime Minister. He reportedly replied, ‘I could not change the administration, it is still a colonial administration’. Nehru then went on to elaborate his belief that the continuation of that colonial administration ‘was one of the main causes of India’s inability to solve the problem of poverty Prime Minister Indira Gandhi was even more critical. Replying to the debate on the President’s address in the Parliament in March 1966, she said, “what India needed today, was a ‘revolution in the administrative system’ without which no enduring change could be brought about in any field”. In an interview she gave to a news agency on completing 100 days in office, she observed: “The problem of administration has added to the difficulties of the country. All along the line, administration has deteriorated – at the Centre, in the States, and even in the lower rungs of the governmental set up. Toning up would have to be done, new procedures might have to be evolved, and even fresh recruitment at all levels would have to be considered”. In her convocation address to the University of Roorkee in November 1967, she noted that, “Administrators sometimes lag behind the situations they are supposed to administer. If a large proportion of the investment we have made under the plans remains unutilised, the cause is to be found in administrative shortcomings”. It is ironical that there has been no sincere attempt to restructure the civil service although more than six hundred committees and commissions have looked into different aspects of public administration in the country. Rather, the Indian reform effort has been unfailingly conservative, with limited impact. While there has been some improvement in civil service recruitment and training procedures, other incremental reform measures such as O&M, vigilance committees and commissions, citizens’ grievance organisations, Whitleyism, manpower planning, and the institutions of Lok Ayukta have achieved very little. Civil service reform in India has neither enhanced the efficiency nor the accountability of the civil service in any meaningful manner. As S.R.Maheshwari commented, India’s efforts at reform have amounted to ‘correction slips to the inherited administrative system’. Maheshwari was being charitable. The Indian civil service reform efforts were not even correction slips – they were more in the nature of endorsement slips. Rapid and fundamental changes are taking place in the political, economic and technological fields. These call for major changes in the civil service. Far-reaching changes in the global economy have made it necessary to build a competent, well-functioning civil service. As a result of recent changes induced by globalisation, countries are competing internationally not only in the market place but also on the quality of their governance structures. The changed policy of deregulation, liberalisation and competition has suggested a new role for the civil service, emphasising the strategic management of the economy in less prescriptive and more market-driven approaches. The changes in the economic structure raise new demands related to control and accountability of the civil service as well as new definitions of professional obligations. In addition, the role and importance of civil society organisation and of the private sector in the Indian economy and the society in general have increased substantially over the years. As a result, it is important for the civil servants to see the private sector and civil society organisations as partners in the process of economic and social development of the country. As instruments of public service, civil servants have to be ready for change. The common experience, however, is that they resist changes as they are wedded to their privileges and prospects and thereby, have become ends in themselves. In the political field, the 73rd and 74th Amendments to the Constitution have brought about major changes. Rural and urban local governments have been enabled to become institutions of self government. In order to make it meaningful, the existing system of administration of departments and the District Collectorate has to undergo fundamental changes. This has not happened to the extent envisioned. One of the principal reasons is the marked reluctance on the part of the civil service to accept the changes in control and accountability as well as the altered roles and responsibilities. This is because of the fact that most of the civil servants have been socialised to act in a manner that accentuates command and control methods rather than respond to people’s needs and aspirations. Despite these momentous changes, the attitude of civil servants does not seem to have changed at all. This is because the civil servants still believe in the Hegelian prescription that they represent the universal interest of the society. Hegel argued that the most important institution in the state was the bureaucracy which represented “the absolutely universal interests of the state proper”. To Hegel, the bureaucracy was a transcendent entity, a mind above individual minds. He regarded the bureaucracy as the universal class, synthesizing the particularism of the civil society with the general interests of the state. For Hegel, the exercise of power by the bureaucracy was a mission sanctioned by God. It will not be an exaggeration to say that the civil service in India has continued to be faithful to the Hegelian dictum. It believes that its authority and legitimacy is derived not from the mandate of the people but from an immutable corpus of rules that it has prescribed for itself, without any correspondence to the needs and aspirations of the people it serves and the democratic ethos. That is why the functioning of the civil service is characterised by a great deal of negativity, lack of responsiveness to what the people want and the dictates of democracy. It is sad but true that the civil service in India evokes the metaphors of what Michel Crozier calls ‘bureaucratic behaviour’; the normal association that people have with the “vulgar and frequent use of the word ‘bureaucracy’” which as Crozier explains, “evokes the slowness, the ponderousness, the routine, the complication of procedures, and the maladapted responses of ‘bureaucratic’ organisations to the needs which they should satisfy, and the frustrations which their members, clients,or subjects consequently endure”. That is why the civil service has to change. But not in the incrementalism manner that barely touches the basic structure. It has to be a total change, a thorough transformation, a metamorphosis. It has to be like Avtaras in the Hindu Pantheon, in which a new Avtara takes its form afresh without any correspondenceto the persona of its predecessor. For such a transformation to take place, the old structure has to fall away and the new one created; as Pablo Picasso said, ‘unless you destroy, you cannot create’. It is like Rajiv Gandhi destroying the old shibboleths before ushering in modernity or like Manmohan Singh burying the old system before ringing in the new economic order. There was no continuity, not even the faint hint of a compromise. The change in the civil service has to be equally transformative: uncompromising and a clean rupture with the past. 14.2    OrganizationSecond Administrative Reforms Commission 1.    Dr. M. Veerappa Moily, Chairman 2.    Shri V. Ramachandran, Member 3.    Dr. A.P. Mukherjee, Member 4.    Dr. A.H. Kalro, Member 5.    Smt. Vineeta Rai, Member Secretary Consultant of the Commission 1.    Shri S. K. Das, IAS (Retd.) Officers of the Commission 1.    Shri A.B. Prasad, Additional Secretary 2.    Shri P.S. Kharola, Joint Secretary 3.    Shri R.K. Singh, PS to Chairman 4.    Smt. Ruchika Choudhary Govil, Director* 5.    Shri Sanjeev Kumar, Director 6.    Shri Shahi Sanjay Kumar, Deputy Secretary 14.3    Introduction Th e Second Administrative Reforms Commission was set up with a wide mandate to prepare a blue print for revamping the public administration system and to suggest measures to achieve a pro-active, responsive, accountable, sustainable and effcient administration for the country at all levels of government. There is a growing realization that many agencies of government are functioning sub optimally, and government programmes have not always yielded the desired results. While the achievements of the public services are praiseworthy in dealing with the vast expanded responsibilities since Independence and especially during difficult periods of crisis, they are often deficient in crucial areas such as productivity, responsiveness, accountability and integrity. Authority frequently appears to be divorced from accountability, leading to a system of realistic and plausible alibis for non-performance. Inefficiency, corruption and delays have become, in public perception, the hallmarks of public administration in India.Administration should be reformed to bring about improved transparency, greater accountability and streamlining of the structure of government, based on decentralization, civil services reform, an open and responsive government, rule of law, fiscal and environmental sustainability and elimination of all forms of corruption. Th ere is need to restructure our governance institutions and rejuvenate our administrative system so that it can respond to the growing challenges of governance. The State needs to reorient its focus on the core functions of government such as maintaining peace and stability in the country and the task of social investment and provision of public goods through investment in the social sectors like health and education, as these are critical to lifting people out of abject need, preventing inter-generational transmission of poverty, long term development of human capital, achievement of full human potential and promotion of rapid, sustainable and equitable economic growth. 1.4 Public servants today are at the helm of complex challenges of administration in critical sectors like policing, education, healthcare, transportation, land management, infrastructure, skill promotion, employment generation, rural development and urban management. All these are intricate issues, which call for domain expertise, long experience in the sector, and deep insights into the social and economic realities, besides qualities of leadership and the capacity to manage and respond to change. Processes of civil service recruitment, periodic training, promotion and posting strategies and career management have to be reformed urgently to help the public servants develop such skills. Th ere is need to foster excellence in the public systems, and attract continuously the best talent and expertise while ensuring that they are citizen-centric. 1.5 Administration must become far more accountable and effective in delivering results with the same expenditure. In order to accomplish these goals, there should be conscious eff orts to establish the links and fuse authority with accountability. While compliance with processes is important to ensure objectivity and fairness, the processes themselves need to be simplified and changed from time to time. Priority needs to be given to ensuring that the intended outcomes benefit society. Th ere is need to redesign our delivery mechanisms in an innovative manner based on past experience and best practices and deploy the nation’s fi nest talent for this purpose. 14.4    10th Report of 2nd ARC Although several Commissions and Committees have been set up in the past to examine various aspects of public administration, a comprehensive review of the entire public administration system was last done by the First Administrative Reforms Commission, which was set-up in 1966. Since then, several important changes and developments have taken place driven by the pressing need to reform, rapid changes in technology including information technology and significant institutional changes like the emergence of a constitutionally-mandated system of local government in our country. Th is having obviously necessitated the need for a comprehensive review of public administration as mandated for this Commission. In any system the quality of public servants is the key determinant of outcomes. It is in this context that this Report of the Commission, on Refurbishing of Personnel Administration, is critical to its wider mandate. Specifically, under this Term of Reference, the Commission is required to look into the following aspects of administration:- (I)    Review the policy relating to and all methods of recruitment, training and placement and suggest changes, if required. (ii)    Provide guidelines for enhancing performance of civil servants and its appraisal. (iii)    Improved methods of cadre management focusing on career progression, motivation and productivity enhancement. (iv)    Strategies for upgradation of skills and competencies of civil servants and administrative cadres and appropriate interventions for capacity building. (v) Linking of performance of Civil Servants and Government personnel to social and economic objectives and outcomes. 1.8 To get a deeper understanding and feedback on the issues pertaining to the civil services, the ARC formulated two comprehensive questionnaires [Annexures I(1) and I(2)]. Th e questionnaires also highlighted the Commission’s approach to the key principles of civil services reform which need to be particularly emphasized. These are mentioned below: •    Setting right the asymmetry of power: It was noted that there is an imbalance in the exercise of power in governance. Often systemic rigidities, needless complexities and overcentralization make public servants ineffective and helpless in achieving positive outcomes. On the other hand, negative power of abuse of authority through flagrant violation of law, petty tyranny and nuisance value is virtually unchecked. Th is situation is further aggravated by the asymmetry of power in our society. The ‘privileged’ government position gives even the lower government functionaries, enormous power over most of the citizens given the abject poverty, illiteracy and a lingering feudal culture. Th is needs to be set right in any eff ort towards public services reforms . • Insulating civil servants from undue political interference: In a democracy, the civil service has to be answerable to the elected government. Th ere is criticism, however, that increasingly partisan intervention and cronyism are undermining the Rule of Law, distorting incentives and condoning corruption. Th is is adversely affecting the morale of public servants. Th e relationship between the political executive and the civil services needs to be transformed on the basis of mutual understanding, respect and recognition of each other’s distinct roles and responsibilities. •    Professionalisation with stability of tenure and competition: Th ere is need to recognize the complex challenges of modern administration in various spheres of activities. Meeting such challenges require domain expertise and long experience in the sectors concerned. Th ere is also need to foster excellence in the public system. Existing procedures and practices do not adequately help in developing domain expertise, nor do they help in utilizing the available domain expertise. •    Citizen-centric administration: Th e fact that the functioning of the civil services has an impact on the quality of governance and thus on the wellbeing of the citizen and the welfare of the community as a whole is often forgotten. Th e perception of the civil services today is of a vast impersonal organization without commitment to human needs and values. It is necessary to redress the situation particularly in this era of participative democracy by making the governance apparatus an instrument of service to the people. •    Accountability: Th ere is a general feeling that existing mechanisms of accountability are inadequate. On the one hand, there are alibis for non-performance and on the other, competence and integrity are not adequately recognized or rewarded. Therefore, innovative and effective mechanisms need to be put in place to protect public money, guarantee intended outcomes and enforce accountability. •    Outcome orientation: Monitoring in government is primarily through measurement of expenditure against outlays and at best through defined outputs. Clearly, there is need to move towards measurement of outcomes. A change in this direction has already started with the initial outcome budgeting exercises. In order to engineer this shift to outcomes, major changes in attitudes, monitoring and evaluation systems, incentives and accountability measures are necessary. •    Promoting public service values and ethics: Apart from the traditional civil service values of efficiency, integrity, accountability and patriotism, it is necessary for civil servants to inculcate and adopt ethical and moral values including probity in public life, respect for human rights and compassion for the downtrodden and commitment to their welfare. Th ese core principles and the issues emanating from them have been analysed in detail in various Units of this Report. 14.5    Summary The Second ARC was setup by the Government of India on 31 August 2005 under the Chairmanship of Shri M. Veerappa Moily with the mandate to suggest measures to achieve a proactive, responsive, accountable, sustainable and efficient administration for the country at all levels of the government. 14.7    Glossary With this in view, this Commission has advocated a total change, a radical transformation. It has proposed a wide-ranging agenda of reforms, that includes reforms relating to recruitment, training, tenure, domain competency, creation of a leadership cadre incorporating some elements of a position based Senior Executive Service, performance management, exit mechanisms, creation of executive agencies, accountability for results, a code of ethics and enactment of a civil service legislature. 14.8    Answer to self-check exercises To see •    14.1,14.2 •    14.3,14.4 14.9    Suggested reading 1.    Second Administrative Reform Commission, (2005) 2.    Maheshwari S.R. "Civil Service in Great Britain", Concept Publishing Company, 1976. 3.    Goel S.L. "Personnel Administration and Management", Deep and Deep publication, New Delhi, 2002. 4.    Palekar S.A. “Public Personnel administration”, ABD Publisher, New Delhi 2020. 5.    Kumar kar Sushant” public personnel Administration”, Kunal Books Publisher, 2018. 6.    Procter W. Arthur ”Principles of Public Personnel Administration” Forgotten Books Publication, 2022. 14.10    Terminal questions • Describe personnel administration through 2nd Administrative Reform Commission 235