Daily Times

Civil service refers to the body of government officials who are employed in civil occupations that are neither political nor judicial. A well-functioning civil service helps to foster good policymaking, effective service delivery, accountability and responsibility in utilizing public resources which are the characteristics of good governance. Thus, civil service, as the primary arm of government, must keep pace with the changing times in order to meet the aspirations of the people. A competent, effective and neutral civil service is the backbone of any country’s governance structure. Countries that do not have an organized civil service system are at a relative disadvantage in executing their programs and policies.

Though technically bureaucracy is still working on the British model, Pakistan’s Civil Service has quietly embraced certain features of the American patronage system in which important policy making slots are earmarked for political nominees of the ruling party. In this regard, there is a debate going in public policy and administration spheres about the future prospects and efficacy ofsuch hybrid system for Pakistan’s democracy. Whether is it possible to get back to a purely neutral civil service model of sixties or should we formalize the current system through legislation instead of remaining in a state of denial?

In order to assess introduction of American patronage system in Pakistan’s Civil Service, it is imperative to understand dynamics of the system. Termed as ‘Spoils System’, it stipulates appointment of active supporters of ruling party to government posts for the time period for which incumbent administration is in power. Supporters of the system argue that it provides loyal and cooperative civil service. They understand that their (the employees) future is tied with performance of incumbent government. On the other hand, the spoils system had little regard for qualification and expertise required for the job.

Subsequently, system’s abuses prompted civil service reforms resulting into appointment to civil service on merit under Pendleton Federal Civil Service Act, 1883. Presently, there are four following main categories of Politically Appointed (PA) positions in American system .

Present hybrid system prevalent in country’s civil service has resulted in politicization of the civil service. Politicization has emerged on account of various socio-cultural reasons

Presidential Appointments with Senate confirmation (PAS), Presidential Appointments without Senate confirmation (PSs), Political appointees to the Senior Executive Service (SES), and

Schedule C political appointees.

As of 2012, a total of 3799 politically appointed positions were available. Individuals serving in political appointments generally serve at the pleasure of the appointing authority and do not have the job protections afforded in career-type appointments.

Civil Services of Pakistan was inherited from the Indian Civil Service (ICS) which was setup by the British to govern India during the colonial period. India was called the most precious jewel in British Empire and ICS was referred to as the steel frame of the Raj that enabled the British crown to rule India without much trouble. The bureaucratic setup established in India by the British was rule based and was a low-cost system that served to provide justice and some service delivery to the people. Hospitals and schools were established; developmental work was carried out for the welfare of the people. Of course, at the higher level, the empire minutely looked after its strategic interests, but institutions were set up to deal with issues of common man. The district administration manned by the ICS became the principal tool for delivering justice, services and development to the people of India.

The Constitution of Pakistan clearly spells out the role of various institutions within the state. The primary duty of the legislature comprising the politicians is to make the laws governing the state of Pakistan. However, more often than not, the politicians are more interested in their constituency politics and try to acquire maximum authority to safeguard their individual interests. They would feel more comfortable working with civil servants who can support their personal agenda. And it is not only the person at top policy making slot; they would like to have their persons at all levels of hierarchy to further their personal goals.

Politicization of Civil Services in Pakistan may be viewed differently compared to American Patronage System in which important policy making slots are earmarked for political nominees of the ruling party. Politicization in Pakistan is more individualistic, where politicians of ruling party and beyond think about safeguarding their own personal and parochial interests and who amongst the civil servants is better suited to deliver in that context. In a patronage system, certain important posts are filled by those individuals who can deliver better on the objectives or manifesto of the party. A more collective thinking and objectives are involved in choice of the individuals. However, in our scenario, the choice is more dependent on factors like personal loyalty, patron-client relations and rent seeking. Also, the nominees represent choice of powerful, individual politicians, sometimes across party lines and also accommodate interests of powerful institutions. Such an arrangement is counterproductive to the idea of a professional bureaucracy recruited on merit and working for across the board service delivery to the citizens of Pakistan.

A Minister or an advisor to the government is a nominee of the ruling party or coalition of parties. He has the duty and legal mandate to carry out policy making and legislation related to his domain. The secretary of the department has to implement the policy made by the politicians and also provide input for policy making. However, he is the administrative head of his respective department responsible for its administrative and financial management. The problems arise when minister is more interested in micro-managing the administrative and financial matters of the department and hence encroach on the domain of secretary/civil servant. The interference is undesirable and should be minimized. There is a need for greater maturity and understanding amongst our politicians to work within their constitutional and legal ambit.

On Nov 12, 2012 the Supreme Court of Pakistan announced its judgment on Constitutional Petition No 23/2012. Authored by Justice Jawad S. Khawaja, this landmark judgment held that appointments, removals and promotions be made in accordance with the rules, and discretion if exercised must be so done in a transparent manner; that tenure, posting and transfer must adhere to the rules; that civil servants must not obey illegal orders of superiors; and that officers should not be posted as OSD (officer on special duty) without compelling reasons .

Present hybrid system prevalent in country’s civil service has resulted in politicization of the civil service. Politicization has emerged on account of various socio-cultural reasons. It is expected that socio-cultural behavior of people will persist for foreseeable future. Given the present status of civil service, it is hard to restore neutrality of civil service completely. One measure can help in this context. A civil servant should be posted for initial probationary period of six months. Later on, upon satisfaction, the period may be extended for another 30 months. Security of tenure will help a lot in attaining neutrality of civil service.

The patronage or spoils system should not be replicated in Pakistan. Spoils system stipulates appointment to senior policy making posts on political basis. We have politicization of bureaucracy to the level of a Patwari and Station House Officer (SHO). Obviously, such a wide spectrum of civil service cannot be appointed on political basis. Also, a political nominee at the top position will be, in all likelihood, completely serving the personal interests of his political boss at cost of merit.

The writer is a freelancer