Day 45 – Q 1.Don’t you think by constraining a civil servant from expressing political opinions, the code of conduct betray the fundamental human tendency to think and reason? Critically examine.
1. Don’t you think by constraining a civil servant from expressing political opinions, the code of conduct betray the fundamental human tendency to think and reason? Critically examine.
क्या आपको नहीं लगता कि एक सिविल कर्मचारी को राजनीतिक राय व्यक्त करने से रोककर, आचरण संहिता मानव के सोचने और तर्क करने की मौलिक प्रवृत्ति को नष्ट कर देती है? समालोचनात्मक जांच करें।
Code of conduct provides a framework for public officials for carrying on their duties. It serves as a tool for public officials in making right decisions, prevent certain types of behaviours and help protect the reputation of the organization.
Civil servants in India are governed by All India Services (Conduct) Rules, 1964. Among many other guidelines, it requires civil servants to maintain political neutrality by avoiding political opinions. This is ensured in following ways.
- The government servants are not free to indicate the manner in which they propose to vote or have voted.
- They are forbidden to canvass or use their influence in an election to any legislature or local authority.
- They cannot stand for election to the parliament or to state legislature. They are required to resign in order to contest elections.
It is criticized that,
- Such measures go against freedom of speech and expression, which is a fundamental human right: The right to speak freely on important issues in society, access information and hold the powers to account, plays a vital role in the healthy developmental process of any society. But the enlightened citizens of the country are denied this right.
- Under various rulings, Supreme Court has held democracy is based on fair criticism and a blanket prohibition on criticism of the policies of the government is not valid, and it makes no difference if the person criticising happens to be a government servant.
However, such measures are justified because
- The parliamentary form of government demands from civil service not only neutrality but also integrity and impartiality to conduct.
- These restrictions maintain the political neutrality of the civil services (avoiding politicization of bureaucracy) and keep them away from public controversies and enable them to serve the government of the day with all the loyalty.
- Prevents embarrassing relations between the international governmental agencies and the governments of foreign states.
And moreover, they too enjoy right to express in other matters and come out with works which are purely literary, scientific or artistic in nature and thus pursue their individual interests.
Political neutrality of civil servants has been regarded as one of the essential conditions for the success of a democratic form of Government. And code of conduct rules tries to achieve this objective.
Best answer: Prince