An Independent Public Service Commission for a Better Public Service - Fact or Fiction?
Published in the Law & Society Trust Review, September 2002
AN INDEPENDENT PUBLIC SERVICE COMMISSION FOR A BETTER
PUBLIC SERVICE - FACT OR FICTION ?
M.C.M. Iqbal*
According to a World Bank Report Sri Lanka is burdened with one of the largest public services in Asia with over 700,000 persons in service, which means there are 3.1 public officers to every 100 citizens.[1] Speaking at the inaugural meeting of the Steering Committee of the Distance Education for Public Servants Scheme of the Ministry of Public Administration, Mr. Bradman Weerakoon, Secretary to the Prime Minister is reported to have said that a smaller public service would provide a better service.[2] Therefore, the reforms proposed recently by various writers to journals and newspaper are of critical importance. The attempt at such reform following the Report of the Administrative Reform Committee headed by Mr. Shelton Wanasinghe too had recommended a 'lean public service with a fat salary' as far back as in the early 1980s. Consequently Public Administration Circular No.44 of 1990 was issued. It enabled early retirement of public officers in a bid to reduce their numbers resulted in a large number of capable and competent public officers retiring from the public sector and joining the private sector. This led to a further deterioration of the public service. It is, therefore, hoped that on the next attempt to rid the service of redundant staff, a properly devised voluntary retirement scheme would be implemented followed by a better wage structure and the provision of necessary resources to motivate those remaining in service to perform better. One common factor in most of the articles published is the canker of political interference that has eaten into the once efficient public service and reduced it to a despicable state.
Mr. Charitha Ratwatte, Secretary, Ministry of Finance is reported to have stated that the government intends to bring back the Independent Public Service Commission with the intention of improving the performance of the public service.[3]
Many are looking forward hopefully to the establishment of the much delayed Independent Public Service Commission under the 17th Amendment, to restore the public service to its pristine glory of the pre-independence and early post independence days. However, closer scrutiny of the provisions relating to the public service in the 17th Amendment shows several anomalies which could stand in the way of achieving this objective.
Article 55(1) of the Constitution now reads as follows: “The appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the Commission.” While on the face of this provision it would appear that the expectation of an independent Public Service Commission has become a reality, Article 55(3) which reads as follows still retains the powers of the Cabinet of Ministers over heads of departments.
Notwithstanding the provisions of paragraph 1 of this Article, the appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Departments shall vest in the Cabinet of Ministers, who shall exercise such powers after ascertaining the views of the Commission.
This provision does give the impression that what was given with the right hand had been taken away with the left hand. What is the use of having an independent Public Service Commission if it cannot exercise control over Heads of Departments and protect them from political maneuvers? In other words, despite the provisions of Article 55(1), it would seem that the public service would continue to be the pawns of politicians who could manipulate it through the heads of departments. If the words “with the concurrence of the Commission” had been used in Article 55(3) instead of “after ascertaining the views of the Commission”, this provision would have been of some significance. This therefore anybody’s guess if political interference would infact cease with the establishment of the independent Public Service Commission.
The Provincial Councils Act No.42 of 1987 took away a large slice of the public service from the hands of the central government and placed it in the hands of provincial politicians. Article 55(2) of the 17th Amendment has re-iterated it. Although this is in keeping with the devolution of powers under the 13th Amendment to the Constitution it could have made provision for an independent Provincial Public Service Commission rather than place the provincial public service in the hands of a Provincial Public Service Commission which is an arm of the Provincial Governor who invariably is a partisan individual, being the representative of the President in the Province.
However, the true implications of the 17th amendment are yet to be seen and time will tell us whether we were successful in achieving an independent public service commission. If the political will is there to do so, then discrepancies in the law would not be a problem. Civil society institutions also have a role to play in this regard and should get actively involved in the reform of the public service and bring malpractices to the attention of the those in authority and particularly, the judiciary when necessary.
If the public service in Sri Lanka is to serve the purpose for which it was created, a more sincere and greater effort has to be made to rescue it from its present state. As was pointed out earlier, one of the principal reasons for the state of the public service is incessant political interference. Besides this, the lack of proper training, dedication, attitudinal orientation, and the absence of adequate motivation are contributory factors. In view of this the inauguration of a comprehensive orientation programme for public officer under the Distance Education for Public Servants Scheme of the Ministry of Public Administration and Administrative Reform is a welcome move.
Promotions in the public service needs to be linked to their performance in the various posts they held in the service and not just to their seniority. A flawless performance evaluation system has to be evolved by the proposed Public Service Commission. Recommendations from politicians should have no weight at all either for promotions or transfers. Instances of misconduct should be dealt with swiftly and effectively by initiating prompt disciplinary proceedings. Politicians should be debarred from interfering in disciplinary proceedings.
A record of the skills and noteworthy performances of members of the public service, be it as administrators, disaster managers, engineers, medical personnel, surveyors, accountants, or even clerks and other grades of employees, must be taken note of. The recognition of merit in the performance of one's duties could motivate persons to excel in their respective fields.
Together with these changes, it is also necessary that the salaries of public officers be made more attractive. They should be adequately protected from the effects of inflation. Often the lower rung of the public service is prone to indulge in corrupt practices to make ends meet whilst those at the top indulge in it as an easy means of self-aggrandizement. The wage structure needs to be made attractive enough to draw in high quality personnel.
The possibility of extending the age of retirement to enable the services of capable public officers to be availed of by the State should be considered. This needs special consideration in view of the increase in the ageing population in Sri Lanka.
As part of the reform of the public service, voluntary retirement schemes, pension reform and treatment of government and private employees need to be considered. Public sector reform through institutional strengthening and good governance is one of the terms of the agreement between Sri Lanka and the International Monetary Fund.
The duplication of government institutions in the centre and at the provinces consequent to the 13th Amendment to the Constitution, must be ended. Therefore, there is an urgent need to rationalize and close down many such institutions pertaining to devolved subjects. What the 13th Amendment sought to do was to devolve and not to duplicate. The proliferation of ministers has also led to a series of negative outcomes such as splintering of sectoral responsibilities and development concerns, not to mention the huge drain on resources.
In the circumstances it is fictitious to believe that the public service will perform better after the establishment of the Independent Public Service Commission. Whatever steps one may take to improve the public service, to provide good governance to the country we need to have good governors the lack of which has brought the public service to this pass. Whether the present set of governors would make amends is to be seen.
