LexT.S.R. SUBRAMANIAN & ORS. versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2013] 1"l S.C.R. 991
T.S.R. SUBRAMANIAN & ORS.
v.
UNION OF INDIA & ORS.
{Writ Petition {Civil) No. 82 of 2011)
OCTOBER 31, 2013
[K.S. RADHAKRISHNAN AND
PINAKI CHANDRA GHOSE, JJ.]
A
B
Civil Service - Preservation of integrity, fearlessness and
independence of civil servants - Need of reforms for - Writ
C
petition seeking writ of mandamus requiring Union, State and
Union Territories to create independent Civil Services Board,
to provide fixed tenure for posting of civil servants and
requirement for every civil servant to record instructions/orders
- Held: There are various lacunae in the present system in
D
which the civil servants function, which calls for serious
attention - Directions issued to constitute Civil Services Board
(CSB) with high ranking serving officers, till the Parliament
brings in proper legislation in setting up of CSB - Direction
to appropriate directions to secure minimum tenure of service
E
to the civil servants - Direction also to issue directions
requiring the civil servants to record oral orders/instructions
- Absence of recording oral instructions would defeat the
rights guaranteed under Right to Information Act and would
also give room for favouratism and corruption - Constitution
F
of India, 1950 - Chapter XIV and parts V and VI - Right to
Information Act, 2005 - ss. 3 and 4 - All India Service
(Conduct) Rules, 1968 - r. 3(3)(iii).
The present writ petitions were filed by retired civil
servants highlighting the necessity of various reforms for G
preservation of integrity, fearlessness and independence
of civil servants at the Centre and the State levels in the
country. They sought for creation of an independent Civil
991
H
992
SUPREME COURT REPORTS
[2013] 11 S.C.R.
A Services Board (CSB), fixed tenure of civil servants and
requirement for recording instructions/directions/orders/
suggestions received from administrative superiors,
political authorities, legislators, commercial and business
interests. The reliefs prayed for were based on the Hotta
B Committee Report, 2004, 2nd Administrative Reforms
Commission (10th Report) 2008, 2nd Administrative
Service Commission (15th Report), the Report of the
Committee on Prevention of Corruption, Santhanam
Committee Report etc.
c
Disposing of the writ petitions, the Court
HELD: 1. The constitutional provisions under
Chapter XIV and Parts V and VI of the Constitution
generally deal with the power of the executive. The
D principles governing the roles and responsibilities of
political executive and civil servants, are therefore,
constitutionally defined and also based on the basis of
various rules framed by the President and Governor for
the conduct of business in the Government. Ministers are
E responsible to the people in a democracy because they
are the elected representatives of the Parliament as well
as the General State Assembly. Civil servants have to be
accountable, of course to their political executive but
they have to function under the Constitution,
F consequently they are also accountable to the people of
this country. [Para 24) [1023-H; 1024-A-B]
2. In the present political scenario, the role of civil
servants has become very complex and onerous. Often
they have to take decisions which will have far reaching
G consequences in the economic and technological fields.
Their decisions must be transparent and must be in
public interest. They should be fully accountable to the
community they serve. Many of the recommendations
made by the Hota Committee, various reports of the ·2nd
H Administrative Reforms Commission, 2008 and
T.S.R. SUBRAMANIAN & ORS. v. UNION OF INDIA & 993
ORS.
Santhanam Committee Report have high-lighted various
A
lacunae in the present system which calls for serious
attention by the political executive as well as the law
makers. [Para 26] [1024-G-H; 1025-A-B]
B
3.1 It is difficult to give a positive direction to
constitute an independent CSB at the Centre and State
Level, without executive control, which Hota Committee
has recommended to be statutory in nature, that too,
comprising of persons from outside the Government.
CSB, consisting of high ranking in service officers, who
are experts in their respective fields, with the Cabinet C
Secretary at the Centre and Chief Secretary at the State
level, could be a better alternative (till the Parliament
enacts a law), to guide and advise the State Government
on all service matters, eExcerpt shown. Read the full judgment & AI analysis in Lexace.