BENGALURU: Last month the Supreme Court made a very significant observation while pointing out that ‘enormous power has been vested on the fragile shoulder of three men, Chief Election Commissioner (CEC and two election commissioners)’ and it is important that “someone of strong character” is appointed to the post.
“The situation on the ground is alarming,” said the apex court while stating that they would want a CEC like late TN Seshan – a legend – known for bringing key electoral reforms as the poll panel chief from 1990 to 1996. The observation made by the five-judge Constitution bench headed by Justice K M Joseph while hearing a petition seeking reforms in the system of appointing election commissioners were incisive and scathing. The exasperation of the Court was evident.
The Court’s observation could be read not only as an eulogy to the late Seshan – “...there have been numerous CECs and T N Seshan happens once in a while” – who had revolutionised the electoral process in India but as a critique of the All India Services, which as if, since its inception in 1948, has not been able to churn out enough number of officers, who could stand by the oath they take on entry into these coveted services – “...bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.”
The Supreme Court’s observation regarding Seshan was with reference to the Election Commission, but he belonged to the same stock of civil servants. Before becoming the CEC, he was the secretary, the Atomic Energy Commission and the joint secretary, the Department of Space. The canvas of civil servants is vast and so are the opportunities before them through which they can excel in public administration and outreach.
What ails our class one services then? Why has it come to such a pass that the highest court of law had to make such a strong observation? All India Services are part of the system, to which we all attribute our failures and declining grades to. While success is largely credited to as an individual achievement and often quoted as, ‘despite odds’, failure and corruption have the system as the fall guy.
Let us deconstruct this elusive system, which eats at the very foundation of a bureaucrat’s sincere attempts in public delivery and mocks the objective of the architect of the steel frame – Sardar Vallabhbhai Patel. In his fiery defence of the civil servants in the Constituent Assembly on October 10, 1949, he said, “If you want an efficient All-India Service, I advise you to allow the Services to open their mouth freely.
If you are a Premier, it would be your duty to allow your Secretary, or Chief Secretary, or other Services working under you, to express their opinion without fear or favour. But I see a tendency today that in several provinces the services are set upon and told. ‘No, you are servicemen, you must carry out our orders.’ The Union will go – you will not have a united India, if you have not.
A good All- India Service, which has the independence to speak out its mind, which has a sense of security that you will stand by your word and, that after all there is the Parliament, of which we can be proud, where their rights and privileges are secure,” Patel had said. Unfortunately, the iron man didn’t foresee that his words would portend and resonate in the crevices of democracy seven and odd decades down independent India’s history.
The civil servant always had a voice but how many chose to speak out ‘without fear or favour’ is not the issue here. Those, who had and have the spine, the character, to deliver to their oath to the Constitution without the ‘sense of security’ are stories that may never be telecast on any OTT platform. Anonymity is often a great virtue. It keeps you safe.