In a modern democracy, a civil servant is an official in the service of the people and is recruited based on predetermined qualifications. Civil servants are bureaucrats who need to be familiar with the laws and regulations of the country and are expected to act in the best interests of the country and its citizens. They are responsible for managing the resources given to them by the government and making use of them efficiently and effectively. A sound parliamentary system of government requires civil servants to maintain their integrity, fearlessness, and independence. One of the most important functions of the civil service, as stated by the head of the Canadian Public Service, is to “speak truth to power.”

The crisis of ethics and accountability in civil servants exposes many issues related to the structure of the code of conduct, constitutional protection, the politician-bureaucratic nexus, and their political victimisation. To address these issues and maintain integrity and discipline amongst civil servants, various reform committees such as the Santhanam Committee (1964), Hota Committee (2004), and the most recent Second Administrative Reform Committee Report (2005) have been formed.

Code of conduct for civil servants

In the 1930s, a collection of instructions containing “do’s and don’ts” was published under the title “Conduct Rules.” The All India Services Rules, 1955, separated the compendium into separate rules. The Santhanam Committee (1964) recommended significantly broadening such rules, which resulted in the 1964 version. These rules were later revised to incorporate additional behavioural norms.

According to the All India Services (Conduct) Rules, 1968, every member of the service shall maintain:
· Integrity and honesty;
· Political neutrality;
· Promoting of the principles of merit, fairness and impartiality in the discharge of duties;
· Accountability and transparency;
· Responsiveness to the public, particularly to the weaker section;
· Courtesy and good behaviour with the public.

Code of ethics vs code of conduct rules

In India, there is no code of ethics for civil servants, though such codes exist in other countries. We have a number of conduct rules that prohibit a variety of common activities. These conduct guidelines serve a purpose, but they are not a code of ethics. While the Conduct Rules contain some general norms such as “maintaining integrity and absolute devotion to duty” and not engaging in “conduct unbecoming of a government servant,” the code of conduct is generally aimed at cataloguing specific activities deemed undesirable for government servants. There has recently been a concern that more “generic norms” should be added to the list of acceptable conduct.

A draft “Public Service Bill” proposed by the Ministry of Personnel, Public Grievances, and Pensions in 2007 seeks to establish a set of generic expectations of civil servants known as “values.” The following are the key “values” envisioned in the Bill:

• Allegiance to the various ideals enshrined in the preambleto the Constitution
  · Apolitical functioning
  · Good governance for the betterment of the people to be the primary goal of civil service
  · Duty to act objectively and impartially
  · Accountability and transparency in decision-making
  · Maintenance of the highest ethical standards
  · Merit to be the criteria in the selection of civil servants consistent, however, with the cultural, ethnic and other diversities of the nation
  · Ensuring economy and avoidance of wastage in expenditure
  · Provision of a healthy and congenial work environment
  · Communication, consultation and cooperation in the performance of functions that is the participation of all levels of personnel in management.

The draft Bill also includes provisions for a public service code and a public service management code, which define more specific duties and responsibilities. Violations of the code would result in penalties similar to the current major and minor penalties imposed by the heads of institutions and organisations. A ‘Public Service Authority’ is also envisaged to oversee the implementation of the code and the values mentioned above, as well as to provide advice on the values and the code.