Civil Servants' Free Speech: Law And Governance Views

A recent tweet by a senior IAS officer from Telangana has sparked a debate about whether civil servants can express their personal views on matters of law and governance. The officer in question tweeted in support of Ms Bilkis Bano, questioning the Gujarat government's decision to release 11 men convicted of gang-raping during the 2002 Gujarat riots. This has led to discussions about the freedom of speech of civil servants, and whether they are allowed to criticise government policies and actions. While citizens of democratic countries have the fundamental right to free speech, there are reasonable restrictions in place for government employees.

Civil servants' right to express their personal views on matters of law and governance

Civil servants have the right to express their personal views on matters of law and governance, but this right is not absolute. While citizens of democratic countries have the fundamental right of free speech guaranteed by the Constitution, there are reasonable restrictions in place for civil servants. For example, Rule 9 of the Civil Service (Conduct) Rules of 1964 states that "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". This rule does not violate Article 19.

A recent incident involving a senior IAS officer from Telangana has sparked a debate about whether civil servants can express their personal views on matters of law and governance. The officer in question, Smita Sabharwal, tweeted from her personal account in support of Ms. Bilkis Bano and questioned the Gujarat government's decision to release 11 men convicted of gang-raping during the 2002 Gujarat riots. This prompted a discussion about whether the officer breached the Civil Service (Conduct) Rules of 1964.

While Ms. Sabharwal has the right to tweet, disciplinary rules prevent government servants from becoming members of political organisations or expressing themselves freely with regard to anything that has to do with the governance of the country. However, some argue that healthy criticism is a better way to govern a public institution in a democratic society.

Ultimately, the right of civil servants to express their personal views on matters of law and governance is a complex issue that involves balancing the right to free speech with the need to uphold the integrity of the government and its policies.

Civil Service (Conduct) Rules of 1964

The Civil Service (Conduct) Rules of 1964 state that civil servants cannot express their views on law and governance. Rule 9 says that “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”.

The rules were brought to light in 2022 when a senior IAS officer from Telangana tweeted from her personal account in support of Ms. Bilkis Bano and questioned the Gujarat government’s decision of releasing 11 men convicted on charges of gang-raping during the 2002 Gujarat riots. This prompted a debate about whether the officer breached the Civil Service (Conduct) Rules of 1964 and revived the debate about civil servants’ right to express their personal views on matters of law and governance.

Citizens of India have the fundamental right of free speech guaranteed by the Constitution, subject to reasonable restrictions. However, disciplinary rules prevent a government servant from becoming a member of a political organisation or expressing themselves freely with regard to anything that has to do with the governance of the country.

The CCS (CCA) Rules, 1965, also state that a government servant may be placed under suspension if allegations have been made against them and a preliminary inquiry has revealed that a prima facie case is made out which would justify their prosecution or is being proceeded against in departmental proceedings.

Rule 9: Government servants cannot criticise current or recent government policy or action

Civil servants do have the right to express their views on law and governance, but this is subject to reasonable restrictions. Rule 9 of the Civil Service (Conduct) Rules of 1964 states that "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". This means that civil servants are not allowed to criticise the government or become members of political organisations. However, this does not violate Article 19.

The debate around this topic was revived in 2022 when a senior IAS officer from Telangana tweeted in support of Ms Bilkis Bano and questioned the Gujarat government's decision to release 11 men convicted of gang-rape during the 2002 Gujarat riots. This prompted a discussion about whether the officer had breached Rule 9.

Some argue that civil servants should be allowed to express their views freely, as long as they do not cross the borders laid down in the Conduct Rules. In a democratic society, every institution is governed by democratic norms, and healthy criticism is seen as a better way to govern a public institution.

The right to free speech

A recent incident involving a senior IAS officer from Telangana has revived the debate on the freedom of civil servants to express their personal views on matters of law and governance. The officer in question, Smita Sabharwal, tweeted in support of Ms. Bilkis Bano and questioned the Gujarat government's decision to release 11 men convicted of gang-rape during the 2002 Gujarat riots. This prompted a debate about whether the officer breached the Civil Service (Conduct) Rules of 1964.

While Ms. Sabharwal has the right to tweet, disciplinary rules prevent government servants from becoming members of political organisations or expressing themselves freely with regard to anything that has to do with the governance of the country. However, some argue that in a democratic society, every institution is governed by democratic norms and healthy criticism is a better way to govern a public institution.

The petitioner in this case was entitled to hold her own beliefs and express them, subject to not crossing the borders laid down in the Conduct Rules applicable in Tripura.

The right to express views as a fundamental right that can only be curtailed by valid law

The right to express one's views is a fundamental right that can only be curtailed by valid law. In a democratic society, every institution is governed by democratic norms, and healthy criticism is a better way to govern a public institution.

However, civil servants are bound by certain rules and regulations that restrict their freedom of expression. For example, Rule 9 of the Civil Service (Conduct) Rules of 1964 states that "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". This rule does not violate Article 19.

Despite these restrictions, civil servants do have the right to express their personal views on matters of law and governance. This was highlighted in a recent case involving a senior IAS officer, Smita Sabharwal, who tweeted in support of Ms. Bano and questioned the Gujarat government's decision to release 11 men convicted of gang-rape during the 2002 Gujarat riots. This incident revived the debate on the freedom of civil servants to express their personal views, with some arguing that while Ms. Sabharwal has the right to tweet, disciplinary rules prevent a government servant from becoming a member of a political organisation or expressing herself freely with regard to anything that has to do with the governance of the country.

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