In a democracy, the government has two arms: political arm and administrative arm. Political arm consists of elected politicians who lead the government and sit in the Cabinet. The administrative arm is staffed by permanent and expert civil servants.
The conventional relationship between ministers and civil servants is that ministers decide policies and civil servants, while playing an advisory role, are mainly concerned with carrying them out. The main functions of the civil servants, among others, include giving information and policy advice to ministers, preparing policy papers and speeches, keeping the ministers' diaries and dealing with correspondences, organising and preparing answers for ministers, consulting with outside interest groups and running the departments.
MAIN CHARACTERISTICS OF THE CIVIL SERVANTS: Civil servants are usually professional, experienced, full time and permanent. By comparison, ministers are temporary, often inexperienced, of necessity part time and not always competent. Statistically, in a developed country like the UK, ministers remain in their department for an average of two years. In most cases, a number of ministers are likely to be new to their office and look to permanent officials (civil servants) for advice and guidance. Civil servants, who are experts and permanent, give them advice. They are experts because they have been holding office for a long period of time - nearly 25 to 35 years!
Civil servants are supposed to be neutral. They would provide impartial advice to ministers, presenting them with the various possible solutions to a policy issue and the likely consequences of each leaving ministers to make the choice in the light of their political programme and election manifesto. This is the principle of professional neutrality - the bureaucrat as non-political experts. Although civil servants are supposed to be neutral, it is their duty to assist ministers in presenting facts in a manner which assists the reputation and interests of the government of the day. This is not neutrality as we normally use the word. They can be compared with the neutrality of a lawyer who pleads in court for a criminal one day and the police another.
The government is elected for a specific short-term period and thus their policy would be in line with their ideology and their priority would perhaps be the winning in next election. By contrast, the civil servants are the servants of the State and are appointed for a long-term period. They usually hold their office until they reach to their retirement age. They will execute the decisions taken by their political masters. Their priority would be effective and smooth running of the administration.
Another characteristic of the civil servants is their anonymity. They are expected to remain publicly silent on political and controversial matters. Civil servants are supposed neither to come to the public openly nor to Parliament. It is the minister, in line with the doctrine of ministerial responsibility, who answers to the questions in Parliament.
GROUND REALITY IN BANGLADESH: The ground reality in Bangladesh is totally different. The entire civil service has been politicised. The decision of their promotion, placement and posting to key positions are made or taken based on political consideration, nepotism, and loyalty and belongingness to the ruling party as opposed to merit, experience, skills and competence. The more important or key positions or forefront the senior civil servants were in the previous government, the more likely that they will be marginalised or sidelined or even punished by the current government in the name of Officer on Special Duty (OSD) or vice versa.
In the Secretariat, the civil servants almost publicly show their support and loyalty to the ruling political party. Indian Civil Service (ICS) cadres and Civil Service of Pakistan (CSP) cadres enjoyed unique prestige, reputation and status. Unfortunately, their inheritors, Bangladesh Civil Service (BCS) cadres have not been able to retain such position due to politicisation and political manoeuvring by the successive governments since the independence of the country.
OFFICER ON SPECIAL DUTY (OSD): Under the Service Rules in Bangladesh, the government of the day can, at any time, take any civil servant off duty and make him or her an Officer on Special Duty (OSD). It may look or sound usual or normal. But in the Secretariat of the country, it is a very scary thing for the civil servants. It is widely seen and considered as punishment. The civil servants on OSD have no duties or tasks to do. They take their salary without doing virtually anything. Each and every government in the past has made many civil servants OSD. But the number of officers made OSD by the current government during the current and the last term has been unprecedented.
Making civil servants OSD causes three severe problems. First, public money is wasted in giving salaries and other facilities to those civil servants on OSD. Secondly, the country is deprived of the service of the talented and meritorious officers who have been recruited through tough competitive examinations/tests. Thirdly, the civil servants on OSD become demoralised and gradually lose their aptitude and motivation.
When the government is changed, OSD officers, being perceived to be against that government, are put into important positions by the new government and those who were in important positions, being perceived to be in favour of the previous government, are made OSD. In this way, the entire civil service is polarised/politicised and civil servants are compelled to lose their impartiality and neutrality.
RECRUITMENT IN THE CIVIL SERVICE: Initially civil servants are appointed in the civil service by the Public Service Commission (PSC) through a vigorous and tough competitive public exam called BCS Exams. The PSC is a constitutional body entrusted to recruit in the civil service. The main function of the PSC is "to conduct tests and examinations for the selection of suitable persons for appointment to the service of the Republic," Article 140(1)(a) of the Bangladesh constitution. Those who can successfully pass all stages of the BCS are, no doubt, talented and meritorious. When it comes to their promotion, posting and transfer, the government plays a greater and major role. Here comes political consideration, calculation and manoeuvres.
Although the vigorous and competitive system of appointing the civil servants appear to be satisfactory, the different types of existing quota system put apparent barriers for the talented and competent candidates to get through. It should be noted that around 45 per cent of the posts are appointed based on the merit whereas around 55 per cent of the posts are filled in with different types of quota. The appointment in more than 50 per cent posts of the civil service based on so-called quota system is illogical and unreasonable and unconstitutional. It demoralises the talented candidates.
SUGGESTION: Good governance and transparency are essential elements of democracy and progress of a country. These two important components could be ensured by competent, able, efficient, impartial and honest civil servants. Incompetent, politicised and party loyal/blind civil servants may bring temporary benefits for a party for a short term. However, they will do irreparable damages to themselves and to the nation in the long term.
In order to promote good governance in the country and maximise transparency in the civil administration, and to ensure recruitment, posting, promotion and transfer based on merit, the following recommendations are made:
1. Civil servants must, by all means, be made and kept politically neutral and anonymous. Government is made of political party or parties and thus it is understandable that the government's manoeuvres will reflect their party politics. However, the government should give priority on the national interests over their narrow political interests when dealing with civil servants.
2. Quite satisfactory processes are employed by the PSC in recruiting skilled and competent people in the civil service. Steps should be taken so that same or similar methods could be employed in deciding postings, transfer and promotion of civil servants without political intervention.
3. Although the preliminary and written tests are satisfactorily conducted, there are rooms for political intervention in the viva voce examinations. Therefore, steps should be taken either to eliminate the so-called viva voce stage or to make it a routine check or to take at least strict safety measures to remove any possibility of political manoeuvres or tricks.
4. Unjust, unfair and unreasonable quota system which blocks talent and merit should be abolished. Even if it has to be kept for whatever reasons, it should not be for more than five per cent of the posts. Deprived or disadvantaged or relatives of the freedom fighters should be appreciated, acknowledged or compensated by other means, without compromising the talent and merit that are immensely required in the most vital service of the Republic.
5. Talented and meritorious candidates are recruited in the civil service. Yet corruption in the Secretariat and in other places where civil servants work is endemic. A well-thought-out and intensive course of moral training should be introduced for the civil servants at the beginning of their career.
Barrister Nazir Ahmed is Solicitor, Supreme Court of England and Wales and Advocate, Supreme Court of Bangladesh.
ahmedlaw2002@yahoo.co.uk
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