THE STRUCTURE
● Introduction: Introduce with the orders, their nature and their importance in the Civil Services.
● The Body:
○ Mention about hierarchy of orders and its importance in executing decisions.
○ Write about the negatives of order culture and importance of own wisdom.
○ Write about the limitations of Conduct Rules in Civil Services and how wisdom is important in such situations.
○ Give the situation in which the two different types of decisions can be taken
● Conclusion: Write about the balance between following orders with wisdom and integrity.
Answer. Civil servants generally have to act neutrally, on the orders of their superiors and are expected to be in consonance with the orders. Orders in civil services are generally binding in nature; therefore, it becomes sacrosanct to follow the chain of command and orders.
Order’s hierarchy in Civil Services is important to maintain discipline and coherence, which forms the basis of their conduct. The Conduct Rules also have the same emphasis.
The order’s hierarchy has led to the emergence of a culture of following orders without using their own wisdom. There have been some prior incidents where the desired results were not achieved due to the breach of orders, which led to conflict among the civil servants itself.
Following the orders are also important as different civil servants may have different points of view and to execute a decision, a coherence of order becomes important to keep personal biases at bay.
But this culture also has negatives of its own, where civil servants only follow the orders in silos, without applying their own wisdom. There have been numerous occasions when a civil servant acted as per his/her wisdom and it didn’t find appreciation. Rather, it resulted into punishment. Those who observe such developments in the services, come to know that it’s better not to take decisions on one’s own.
Situations when commands to be adhered Situations when can act as peer one’s own wisdom
1. Routine orders and Circulares 1. Dynamic situations
2. When situation and role is clear 2. Taking initiatives for innovations
3. Emergency situation 3. Citizen’s grievance redressal
4. Protocols 4. Discretionary powers
5. Where conduct rules are clear 5. Where conduct rules are not clear
Civil servants have to apply and execute the orders without keeping their wisdom totally under the veil. Even the Conduct Rules, 1968 not only talk about neutrality but also objectivity, accountability and responsibility.
In situations where Conduct Rules don’t come in handy, one has to use their own wisdom. Orders also don’t hold the gospel truth, which suggests that orders can also go wrong, and inappropriate at times; therefore, wisdom cannot be neglected in such circumstances. Civil Servants can also refute the orders if they feel the order is not in the letter and spirit of the law or seek the orders in writing, or they can also register their reservations against the order if they find the order to be inappropriate.
Reasons why they should act as per order Reasons why they should act as per wisdom
1. Discipline and order 1. Innovation and developments
2. Smooth functioning of administration 2. Quality of decision
3. Ruling out misuse of discretion 3. Addressing the problems of society
It means they need to act by maintaining a balance. Either way is not going to work as per their responsibility and challenges. Even the conduct rules allow application of wisdom and conscience in decision making. In fact, the present Prime Minister gives emphasis of outcome-oriented civil services to achieve the objectives of the Minimum Government, Maximum Governance. Basically, civil services need both Max Weber and Kant.
Conclusion: Following orders in Civil Services is considered sacrosanct, but not at the cost of keeping one’s own wisdom at bay. The culture of following orders has its own significance and downsides, but the critical balance is at the hands of the Civil Servant. Civil Servant’s own wisdom can’t be undermined, but the orders also can’t be ignored, keeping their wisdom on the top.
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