The demand for civil servants’ right to express their views on government policy has been reignited by a recent incident involving an IAS officer from Telangana. The officer sparked controversy by tweeting in favor of Ms. Bano and questioning the Gujarat government’s decision to release 11 men convicted of gang-raping Bilkis Bano during the 2002 Gujarat riots. This action led to a popular debate on whether the officer had violated the Civil Service (Conduct) Rules of 1964.
The Bilkis Bano Case
On August 15, 2022, the 11 convicts serving life sentences in the Bano case were released from prison amidst cheers and commendation. Critics argue that this move contravened guidelines issued by both the federal and Gujarat state governments, which state that rape and murder convicts should not be granted remission. In India, life sentences for such crimes are typically served until death. Opposition politicians and activists have filed petitions, prompting the Supreme Court to solicit a response from the Gujarat government.
Implications for Civil Servants
Civil servants are expected to uphold constitutional principles and the rule of law as part of their role. The officer’s reference to their position in the tweet about the Bano case suggests an obligation to speak up against injustices like those witnessed in the case. Some believe that public criticism from civil servants can serve as a deterrent to arbitrary abuses of power. A recent example of this is when the Andhra Pradesh government released eight murderers before they completed their mandatory 14 years jail term.
Expression Rights of Civil Servants
While civil servants, like other citizens, have the fundamental right to free speech under Article 19 of the Constitution, their service also obliges them to adhere to rules that restrict their political involvement and freedom to criticize the state’s governance. These rules, which originated during British rule, pose a conflict in a democracy where criticism of the government is fundamental.
Relevant Judgements
Notable judgments relating to this issue include Lipika Paul v. the State of Tripura. In this landmark 2020 decision, the High Court acknowledged that while civil servants’ right to free speech might be limited in certain circumstances, they are not entirely devoid of it. Furthermore, Rule 9 of the Central Civil Services (Conduct) Rules prohibits civil servants from making statements or expressing opinions that criticize current or recent policies or actions of the Central or State Government. In contrast, a 2018 judgement by the Kerala High Court stated that being an employee should not prevent one from expressing views.
The Way Forward
Efforts to uphold democratic values encourage government officers to communicate policies to the public via social media, but typically, they’re only encouraged to voice positive opinions. This creates a problem; in a democracy, everyone should have the right to express their opinion, dissent, and object. The rights of officers to promote transparency through social media should be upheld. A case-by-case approach should be followed. The focus should be on differentiating what could harm society, the Constitution, and the rule of law. In Bilkis Bano’s case, the Supreme Court ordered the remission of the convicts, executed by the Gujarat government. However, the way it was carried out has raised questions.