Aaratrika Bal
The recent controversy surrounding a Telangana-based IAS officer’s sharp tweets expressing discontent against the government on the Bilkis Bano case, has rekindled questions and debates surrounding the boundaries of the Rule 9 of the Central Civil Services (Conduct) Rules. This article primarily deals with the rule[1]. It mentions what the rule actually is and brief analysis of it. Some case studies have also been mentioned for better understanding. Rule 9 deals with criticism of the Government by any government servant. According to this role, a government servant is not allowed to criticise central or state government on any platform. The article also cites some recent events and cases related to this rule. Let’s dive into the article to know more about it.
Introduction
To begin with, we should first know what Rule 9 means. As mentioned before, Rule 9 of the Central Civil Services (Conduct) Rules talks about whether a government servant can criticise the government on any platform. It goes as follows:
“No Government servant shall, in any radio broadcast, telecast through any electronic media or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion –
(i) which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government
(ii) which is capable of embarrassing the relations between the Central Government and the Government of any State; or
(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State.”
Recently in the Bilkis Bano case, the decision to release the convicts faced widespread backlash from different strata of society. Senior IAS Officer, Smita Sabharwal, posted a tweet that primarily contained content against the decision to release the convicts[2]. Her tweet became debatable immediately. One group praised her for showing the courage to speak up, and the other group bashed her for being selective in her opinions especially being an IAS Officer. This sparked a new discussion as to whether she violated Rule 9 of the Central Civil Services (Conduct) Rules, 1964.
- Balasubramanyam, a retired IAS officer, also commented on the issue. According to him, like any other citizen of the country, an IAS Officer can also express their perspective and views on a topic as long as it does not stir a series of new controversies and law order problems. Not only Smita Sabharwal but many former bureaucrats had written an open letter expressing their views on this matter to the CJI[3].
Analysis of Rule 9 of the CCS (Conduct) Rules
B N Srikrishna, retired Supreme Court judge, said that it is the fundamental right of any citizen of India to be able to express their views freely. The same goes for civil servants too. But, at the same time, disciplinary actions might prevent them from being a part of any political organisations or expressing opinions freely regarding policies and governance of the nation[4]. In the case of Lipika Paul v. State of Tripura[5], it was held that the petitioner has the freedom of speech, despite being a civil servant. A civil servant can exercise this right, keeping into consideration the CCS (Conduct) Rules, 1964. Also, the CCS (Conduct) Rules is a set of rules and not laws. These are present in order to maintain discipline within an organisation and hence can be challenged if necessary.
When we consider the case of Smita Sabharwal, she has been considered both right and wrong in tweeting her own opinion. Firstly, she was not a stakeholder in the Bilkis Bano Case, and the disciplinary rules prevented her from “expressing her opinions freely.”
She was also right because she exercised her freedom of speech and expression. The Kerala High court had also held that this fundamental right could not be curtailed just because they are an employee[6].
A similar incident happened in 2018 when IAS Officer Shah Faesal tweeted about the rape culture in South Asia. The tweet faced immense backlash and was considered to be a violation of the said Rule 9[7]. As per the Conduct rules, some writing requires prior permission before getting published, and some do not. When it comes to the political state of the nation, civil servants are mostly restricted from commenting on it. Shah Faesal’s tweet supposedly falls under the second category, said former IAS Officer Padamvir Singh.
It can be concluded that as long as there is no constant understanding of the rule and the law, there will always be two sides supporting two different views.
Conclusion
One can conclude that it is probably high time to provide more clarity and transparency in government policies and other governance-related issues. This can be done for selective cases too. Whether the conduct rules violate Article 19 and are unconstitutional or not has been a constant topic of debate. More clarity should be brought in case of such restrictions and rights.
[1] Central Civil Services (Conduct) Rules, 1964.
[2] L Venkat Ram Reddy, Smita Sabharwal tweets on Bilkis Bano case, creates a furore, Deccan Chronicle, August 19, 2022.
[3] Ashish Tripathi, ‘Horrendous decision’: Ex-IAS officers write to CJI on Bilkis Bano case, Deccan Herald, August 27, 2022.
[4] “Can Civil Servants Express Their Views On Law And Governance: Daily Current Affairs,” September 2, 2022, https://www.dhyeyaias.com/current-affairs/daily-current-affairs/can-civil-servants-express-their-views-on-law-and-governance.
[5] Lipika Paul v. State of Tripura, https://indiankanoon.org/doc/114325723/.
[6] “Can civil servants express their views on law and governance?” September 2, 2022, https://www.insightsonindia.com/2022/09/02/can-civil-servants-express-their-views-on-law-and-governance/.
[7] “Should an IAS officer be free to air views on social media or is it unbecoming behaviour?” July 11, 2018, https://theprint.in/talk-point/should-ias-officers-be-free-to-air-views-on-social-media-or-is-it-unbecoming-conduct/81599/.
The author is currently interning with Desi Kaanoon as a Content Writer.