Supreme Court Directives on Tenure, Transfers and Postings

• SC directive in Prakash Singh Case in 2006 gave 7 directives for police reforms in India.

⇒ In this case SC gave judgement that fixing of DGP’s tenure and those who have retirement in 2 to 3 months no need to be appointed as DGP of state.

⇒ The minimum term of the Inspector General of Police should be fixed and there should not be a midterm transfer to avoid any type of political interference.

⇒ In this judgement SC have ordered officers to be appointed and posted according to the “Police Establishment Boards”. This board is made from senior police officials which will help in reducing political interference in transfer.

• In another case Supreme Court, In T S R Subramanian and others v. Union of India, gave judgement for enacting Civil Services Act under Article 309 of the Indian Constitution for establishing “Civil Services Board” for postings, transfers and posting related tasks.

⇒ If the recommendation of CSB is rejected by the government of the day as per SC guidelines, a reason for the rejection needs to be given for encouraging openness, good governance, openness, and accountability.

⇒ Except in emergency situations Bureaucrats should avoid taking or acting on decisions given in oral form from political leaders or executives.                                                                          

• Criticisms Against the SC Verdicts:

⇒ Some states believe that appointing and transferring civil servants is their authority.

⇒ If the term of the civil servants is fixed it can result in challenges in terms of functional and administrative areas of the organisation. This will pose another challenge that this fixed term will go out of the state government’s jurisdiction.

⇒  Other issues with fixed tenure rule and authority of CSB under the Chief Secretary may cause dissatisfaction among the political or executive leaders, as it will take out power related to the civil servant’s appointment, transfer, and promotion, etc.

 Others Issues with the SC Directives:

• In this decision or judgement of the SC, there is widespread criticism of violation of separation of power principle, as SC given directives to the Parliament of the India to form law on the particular subject, which also looked like SC given delegated powers to the Parliament in this context and this judgement is undermined the very status of the Parliament and its authority of making and formulation of laws and policies. If this continues, then there will be serious concern over the SC taking power ofParliament in the filed legislation.
• To bring reforms in the current administrative system, it is vital that it should be initiated in Parliament, which has the mandate of the people of India. There also some states have shown opposition to these new reforms and with some states are in consultation and consensus process, which is making new reforms coming into reality a distant dream.