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Can civil servants express their personal views on law and governance?
A senior IAS officer, Smita Sabharwal from Telangana, tweeted from her personal account in support of Bilkis Bano and questioned the Gujarat government’s decision. Discuss whether she was in breach of the Central Civil Services (Conduct) Rules of 1964 or not?
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1 Reply
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She was wrong as:
- According to disciplinary rules, a government servant cannot become a member of a political organization, or any organization of such a nature, or express herself freely with regard to anything that has to do with the governance of the country.
- She is not a stakeholder in the decision-making process.
She may be not wrong:
- As a fundamental right cannot be curtailed except by a valid law made by a legislature.
- In Lipika Paul vs The State Of Tripura, the court said, a Government servant(the petitioner) is not devoid of her right of free speech, a fundamental right which can be curtailed only by a valid law.
- According to Kerala High Court, one cannot be prevented from expressing his views merely because he is an employee.
Rule 9 of Central Civil Services (Conduct) Rules:
- No Government servant shall make any statement of fact or opinion, which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.