Will it work?

Back in 1994, the health secretary of Bihar was slapped repeatedly in his office by an RJD MLA because he refused to lower the standards for admission to a medical college for the benefit of the MLA's son. The IAS officers of the state registered their protest by marching around the secretariat building""once""about a week later, when they knew the chief minister was out of town. The officer was transferred out of Bihar, and that was that. United, they would have won; divided, they fell. There are many such stories, and they point to the same thing: the total and spineless surrender of the civil services to their political bosses. The reason is simple: if one officer refuses to do a minister's bidding, there are a dozen waiting to please the boss. Most officers therefore prefer the easy way out because the alternative""transfer to some non-job in some non-place""is simply too inconvenient. So, like Gandhi's monkeys, they hear no evil, see no evil and keep their mouths shut when they should be speaking out.

Recognising that it is necessary to protect the honest civil servant, the government in New Delhi is reported to have drawn up a draft Public Services Bill. This apparently seeks to draw up a "Public Service Code" and set up a mechanism that will ensure a fair deal to the honest Joe, not least by ensuring that he is not transferred if he doesn't fall in line. This is to be done via a central authority, to which persons suggested by the Prime Minister, a Supreme Court judge and the leader of Opposition in the Lok Sabha will be appointed. MPs, MLAs and others holding public office or any office with any political party will not be eligible. It seems merit will also get a look-in""suggesting that it doesn't now. Most controversially, the Bill may contain a provision that allows the civil servant to disobey an order that is against the Code. Whistleblowers are also to be protected.

Is the new Bill necessary? Will it help or will it end up as another piece of pointless legislation? Some scepticism is in order, because civil servants in most states have become politically aligned""and every chief minister therefore starts by choosing a new chief secretary. That effectively prevents systemic protection for officers down the line. How is this to be addressed? There is no answer. Then wouldn't making public the notings on files (which the government is still trying to prevent) serve the cause of honest officers just as well? These are some of the questions that those to whom the Bill has been sent for comment""NGOs mainly""must ask before they sign on the dotted line.

Legislative protection against endless transfers (the principal weapon used to bring officers in line) is needed, for simple guidelines on the subject have not worked. But when it comes to not obeying orders""Jayaprakash Narain asked the police to do the same thing in 1975 and Indira Gandhi cited it as one of the reasons for imposing the Emergency""it sounds good but would be a foolish provision, for that is not how chains of command work. Similarly, governments by and large do reward the efficient. The problem is that they reward the corrupt as well. The Bill does not address that problem. The point, finally, is this: No law can help the civil servant against the minister if the latter's intentions are dishonest, because as the boss he will always find a way to get his bidding done.