Colonial Legacy
Colonial Legacy
The Government of India Act of 1919 further elaborated the structure of governance by
establishing a bicameral legislative body based on the parliamentary model of government,
while the Government of India Act 1935 introduced the ederal form that continues to be
operational in India, besides the secretariat, ministries, departments and the tenure system, all
of which were nurtured during the British regime. Some of the other insticutional legacies of
the British period are (i) acadre-bascd burcaucracy. (ii) parliamentary system of government
(üi) infrastructure of a modern state (roads, telegraph, railways, and the postal system), (iv)
educational system with English as the medium of instruction, and (v) che introduction of a
formal legal system.
1.2 The British Legacy: Structures and Features
The Civil Service in India was introduced by the East India Company and the present civil
service is a modified product of successive reforms since its inception. To begin with the
British Indian civil service was classiied into two types-Covenanted and Uncovenanted.
The Covenanted civilservants were Englishmen constituting the graded posts who, after
receiving formal education in England were sent to India. They entered into aservice contract
with the East IndiaCompany for astipulated time and enjoyed privileges such as leave and
pensions. The Uncovenanted civil servants were Indians who had no statutory privileges. The
authority of recruitment belonged to the Directorsof the East India Company.
In 1765, the East India Company increascd the administrative duties and responsibilities
of the civilservants from only trade-related activities to revenue and judicial administration.
The Regulating Act of 1773 clearly distinguishcd between commercial (trade) and
administrative (revenue and judicial) tasks of civil servants prohibiting them from
conducting commercial activities for profit. The Pitt's India Act of 1784 recommended the
filling of vacancies in the governing bodies by covenanted civil servants and also laid down
the age limit for new entrants in service.
4| Indian Administration: Structure, performance and reform
In 1805, the East India Company established atraininginstitute for civil servants at
Haileybury in England. Appointments were made through a nomination process where
candidates were recommended by the Directors of the East India Company.
In 1853, afive-member committe headed by Lord Macaulay recommended that
appointments to the Indian Civil Service should not be based on patronage. The committe
emphasized on providing the best liberal education to candidates and recommended thar
the candidates should be selected through a competitive examination. The committee also
proposed the need for serving a probation period before final appointments. As a result of
these recommendations, a CivilServices Commission was set-up in England in 1855 which
was entrusted with che responsibility of conducting the civil service cxam for the covenanted
service. The first competitive civil service examination was held in London in 1856.
The East India Company was removed in 1858 and the Indian administration came
under che direct control of the British Crown. The powers lying with the Directors of the
East India Company were then transferred to the Secretary of State in India, who became
the real executive authority of the British Crown. In 1870, the British Parliament passed
an Act that auchorized Indians to be appointed to any offhice, which was carlier reserved for
candidates from covenanted services.
In 1886, che Aitchison Commission headed by Sir Charles Aitchison was formed to
abolish the Statutory Civil Service. It recommended athree-tier classification of civil services:
Imperial, Provincial and Subordinate services. Services such as Indian Civil Service, Indian
Police Service (IPS) and Indian Medical Service were included in the Imperial civil service.
The Provincial services consisted of Indian Education Services, Indian Agricultural Services
and Indian Veterinary Services, while the lower grades of the uncovenanted services were
categorized as Subordinate service.
In August 1917, E. S. Montagu, the then Secretary of State in India, declared a new
policy on increasing the association of Indians across every branch of administration. Ayear
later in 1918, a report on constitutional changes, Royal Commission on Public Service in
India by Montagu and Chelmsford, recommended that the 33% of superior posts in the
Imperial service be reserved for Indians. Both of them favoured that the appointments be
made without racial discrimination and that aseparate competitive examination be held in India.
1.3 Indianization of PublicServices
The Government of India Act of 1919 recommended that the Imperial Service be renamed
as All India Service. The Act also provided safeguards against political infuence in the
recruitment process of the civil service. The first competitive examination in India was held
in 1922 under the supervision of the Civil Service Commission of England.
In 1923, a Royal Commission on the Superior Civil Service was formed under the
leadership of Lord Lee. The Lee Commission redefned the civil service into three broad
categories:All India, Central and Provincial
All India Service mainly consisted of Indian Civil Service. Indian Medical Service
Indian Forest Service (IFS) and Indian Service of Engineers. The Central Service uscd
Erolution and Historical Leçacies
deal with states and foreign affairs along with railways, posts and telegraphs, customs, audits
and accounts, scientihc and technical departments. The Provincial Service included Indian
Iducational Services, Indian Agricultural Services and the Veterinary Services.
The Secretary of State retained che power of appointment and control of AIS and
Central Services. Similar powers were given to the provincial government.
For fresh vacancies of the provincial service and to maintain recruitment standards,
the Royal Commission under the chairmanship of Lord Lee, recommended setting up of
Statutory Public Service Commission. The Statutory Public Service Commission was set up
in 1926replacing the Civil ServiceCommission of England. The Statutory Public Service
Commission also took over the responsibility of recruitment of AII India, Central and
Provincial service personnel.
The Civil Services Rule of 1930 broadly classified che civil services into the following
categories:
1. The All India Services
2. The Central Services
a. Class I
b. Class II
C. Subordinate (ministerial, executive and outdoor duties)
d. Inferior (peons and messengers)
3. The Provincial Services
It considered the Auditor General's reports on the re-appropriation amounts. Thus, through
these rwo bodies, the Indian Legislature was to exercise
control over the
administration of
public finance.
Government of India established
Under the Act of theCentral Legislature of 1934, the
1 April 1935.
the Reserve Bank which began to function with cffect from
authority for revenue
The Board of Revenue, created in 1781, became the controlling
civil servants, acted as a link between
purposes. The Board, consisting of a certain number of
Commissioners were appointed to
the government and the Collectors. In 1829, Divisional
powers. They were
of their
supervisethe Collectors, in four to five districts, in the exercise
made responsible to the Board of Revenuc.
India were laid during
The foundations of the contenmporary police administration in
Police Act, 186l, which
the British rule, particularly after the enactment of the Indian
British rule, at the state level.
created an organized system of constabulary. During the
whole police force of the
the Inspector General of Police (IGP) cxercised control over the
covenanted civilservice due to
provincial government. The IGPwas often amember of the
the IGP was assisted
which even a few ICS officers held the post of IGP. At the district level,
by the Superintendent of Police (SP). A subordinate police force, comprising Inspectors/
Head Constables, Sergeants and Constables, was also created.
In fact, the Police Act of 1861 and the Code of Criminal Procedure (1861) had
strengthened the position of the District Magistrate (DM) by giving him the powers of
exercising general control over the district police as well as over subordinate magistracy. This
over-centralization of authority in one official pavcd the way for administrative despotism at
the district level.
It is noteworchy that the Indian Penal Code (|PC) of 1860 and the Code of Criminal
Procedure (C:PC) of 1861, along with other signifcant legislations such as the Indian
Evidence Act, constituted the legal framework of criminal justice administration that helped
the police system to exercise its functions effectively.
In the earlier stages of the Company's rule, the office of the Collector combined both
revenue and judicial functions. The Cornwallis Code of 1793 took away the judicial powers
of the Collector laying the foundation of an independent judiciary. Thecode provided for
a three-tier system of European judges with the Eilla and city courts at the bottom, the
Provincial Court of Appeal in the middle and the Sadar Diwani and Nizamat Adalat at
the top. The creation of an intermediate tier of provincial courts was intended to lessen the
workload of the Governor-General. Later the intermediate tier was abolished as it slowed
down the process and ffow of justice and the jurisdiction of che district courts was enlarged
to decentralize the admiristration of justice.
Another important reform was made during the timne of Lord Ripon (1882-1919).
who has becn called the father of local self government in India. In 1882, he introducd
a new policy through a new Act. The resolution, dated 18 May, 1882, recommended the
extension of the clective clement in rural bodies,reduction inthe size of the Ofcial elemcnt
an elected non-official as the chairman of rural bodies,and inancial decentralization. 1hc
rolution and Historical Legacies |9
The volume and variety of the administrative activities in che States have increased
after Independence, the number of Secretariat departments have not grown much. The
administrations in the States have changed in nature and size: in rural development.
education, agriculture, health and medicine and related matters.
Erolution and Historical Legacies |
Usually. the ministrics at the Central level have one or more departments,
the need tor specialization. For inance, the Ministry of depending on
Personncl, Public Grievances and
Pensions, as the name suggests, has three departments. The number of Ministries and thcir
constitucnt departmentsgo on increasing on both political and administrative grounds. The
necd to accommodate many ministries leads to proliferation of
Ministries and Departments.
Also, specialization calls tor creation of new ministries and
departments. Scicnce and
technology. Atomic Encrgy, Non-Conventional Energy are instances of ncw needs. The new
cconomic activities undertaken by the Union Government are reflected in the
of coal. power and non-conventional energy sources in the departments
of chemicals and petrochemicals, industrial Ministry Energy, departments
of
development and public
Ministry of Industry, departments of planning and statistics in the Ministryenterprises in the
of Planning, and
Ministries of Petroleum and NaturalGas, Programme Implementation and Steel and Mines.
Nationalized banks are looked after by the Finance Ministry. Concerns for the development
of Science and Technology are incorporated in che Ministries of Science
and Technology
and Department of Atomic Energy, Electronics and Space. The electronic media and the
computers have brought about a change in methods of information, storage and retrieval,
and communication. The forum of Parliament and State legislatures have brought in the
Ministry of Parliamentary Affairs and increased the work of the Ministry of Law and Justice.
The tremendous growth in the strength of personnel in administration has led to the creation
of the new Ministry of Personnel, Public Grievances and Pensions.
Innovated organizational forms such as public corporations, government companies
and joint companies have appeared on the post-Independence administrative scene, giving
rise to the demand for new categories of administrators. Attached offices like che National
Academy of Administration at Mussoorie and subordinate offices like the National Fire
Service College at Nagpur are new off-shoots of administrative institutions. Scientifc
laboratories and research stations have broadened the scope of ad1ministration., Numerous
advisory bodies like the Central Board of Secondary Education and the Central Labour
Advisory Board evoke the participation of concerned interest groups in policy-making in
those areas.
In terms of internal organization and relationships within the departments and outside.
the working of the Departments have not changed much after Independence. Hierarchy.
importance of the written word and the filing system have continued. Pre-Independence
manuals prepared during the colonialrule stillgovern most of the older departments with
modifications here and there. The post of Chief Secretary of provincialadministration bcfore
1947 exists today: but at the Centre, the Cabinet Secretary, de facto head of administracion.
Is an innovation.
State Governments have their own service cadre and only a few states have their own local
government burcaucratic cadre.
1.8 Public Service Commissions
To ensure impartial selection of meritorious civil servants, a Public Service Commission in
India was established in 1926 with a Chairman and four members. This (Central) Public
Service Commission was vested with two functions mainly: recruitment to All India and
Central Services and screening of disciplinary cases. It was also to advise and assist in matters
of standards of qualification and methods of examination for the civil services, so far as
recruitment in India was concerned. The Commission was re-designated as the Federal
Public Service Commission under the 1935 Act.
The Government of India Act, 1935, stated that cach provincial government was to
form aPublic Service Commission independently or in groups. The functions of the Public
Service Commissions after Independence have increased. The responsibilities in regard to
recruitment of public employees through written test and/ or interviews are cnormous in
view of the large number of qualified officials the governments at the Union and the State
levels require for employment. Promotions and transfers to another service are also referred
tothe commissions for their advice.
The Chairman and members of these Commissions are appointed by the President in
the cases of the Union Commission and by the Governor in the case of a State Commission
(inconsultation with the council of ministers in both). It is also provided by the Constitution
that nearly half of the members of each commission should have held offce for ten years
under the Government of India or a State Government.
It may be noted that the recommendations of the commissions to the governmcnt
present its
concerned are advisory, and not binding. It is obligatory for the commission to
by the members.
annual report to the Parliament or respective State legislatures for discussion Commission's
The governments concerned have to give reasons for the non-acceptance of the
recommendations.
1.10Centre-State Relations
Federalism integrates a nation by distributing governmental functions and powers between
the federal, that is, the Central and the constituent State Governments. The Central
Government plays an overall coordinating role.
The Constitution of India has introduced a federal political system. It has divided the
country's administration into two spheres, administration of the Union (national) and of the
States.The Union administration looks after the subiects in List Iof the Seventh Schedule
of the Constitution and the States administer the subiects enumerated in List 2. List 3 is
the Concurrent list of subjects on which both the Union and the States are competent to
legislate, but a Union law takes precedence over a State law on any matter in this list.
The administration of the States includes most areas of social welfare and development
administration. Police, jails, land tenure and revenue, public works (except national, that is,
inter-state highways, and river valleys), local government, ctc., are cxamples of the former,
while the latter includes agriculture and animal husbañdry, health and medicinc, and social
welfare. The States administer (that is levy, collect and use) the taxes on agricultural incomc.
estate and succession duties in respect of agricultural land, taxes on land and buildings,
clectricity duties, vehicle and profession taxes, etc. Some of these, for example, octroi.
property tax, etc., are given over to the local bodies for levy collection and used by the State
Governments through legislation.
The Union administers those subjects which are csential for national sccurity and
integrity, for the maintenance and growth of anationwide infrastructure, and for national
economic development. Some speccific arcas are defence. foreign affairs, atomic energy.
citizenship.etc. Currency and coinage, foreign and inter-state trade and commerce, industries
ofnational interest, banking, insurance and national finance, facilitate economic development
of the country as a whole. The Union is vested with expanding financial resources. These are
taxes on income other than agricultural income, customs, cxcise duties on manufactured and
produced commodities (with some cxceptions), succession and estate duties on properties
other than agricultural land, etc.
The common subjects in the Concurrent List enable both the Union and the States
to legislate and administer matters of special andcconomic significance and of legal nature
implying concern to both economicand social planning, transfer of property and contracts
relating to other than agricultural land. population control and family planning, trade
unions and industrial labour, employment and unemployment, ctc. Civil and criminal laws
are of concern to both, hence,are vested in both thc administrations. Education, forests and
protection of wildlife have been recently transferred from the State to the Concurrent List
duc to growing national concern in them.
The Union Ministry in charge of subjects in the State list are engaged in coordinating
the work of the States and may guide them in rescarch, pilot projccts, training and advice to
the States on the concerned subjects. The remaining (residuary) subjccts are vested in the
Union.
16| Indan Administration: Structure, porformance and refor
Parliament adopts several laws annually: alarge number of these are administered by the
State administration as the Union does have its own personnclin the States, cg members of
the IAS, the Central Services, ctc. The Union Government provides financial assistance to th.
States as the former possesses larger financial resources and the latter fall short of these due
their growing development functions. The States call for the help of the Union forces durine
disturbcd times. In thc Planning era, cven in respect tootthe State subjects, consultations were
held berwecn the Union and the State administrations regarding planning and progress of
the plans. On matters in the Concurrent List such consultations are compulsorily held.
Indias is acooperative federation. The federal polity has to harmonize national integnty
Financiallv, the
with constituent States' autonomy, necessarv for ahealthy federal democracy.
Union is stronger than the States, so it has to help them.
However, much has changed in Centre-State Relations after the l1990s. A real substantive
cconomic autonomy has come to the states in the Liberalization, Privatization, Globalization
(LPG) era. Now all the states compete and then cooperate in the Indian and global markets
to raise funds to augment their resources for development.
Popular participation in administrative processes has assumed prominent proportions
after Independence. Before Independence, it was conined to the role of the popular
representatives in the local self-governing bodies. After Independence, specifically after
the passage of the 73d and the 74h amendment acts Panchayati Raj has been the most
signiñcant channel of participationof the rural people in rural development administration.
Communiry development was the carlier phase of this popular participation. But it was
dominatcd by the officials, so it could not evoke adequate participation of villagers in rural
development. Panchayati Raj was introduced in the late fifies by a few State Governments,
like Rajasthan, Andhra, Maharashtra and Gujarat. But its progres was uneven in other
States. Later, West Bengal, Tripura, Andhra Pradesh and Karnataka introduced progresive
measures relating to Panchayati Raj. The 73rd constitutional amendment was a land mark
and has given afurther boost to popular participation inrural areas by constitutionalizing
che third tier of governance. Much still needs to be done to make it more meaningful and
beneficial in terms of boosting livelihoods and improving the standard of life of the rural
people through education, better health facilities and jobs in rural areas.
.Municipal government is the mode of popular participation in civic administration.
Much requires to bedone to step up its efficiency. With growing urbanization civicamenitics
need to keep pace with urban civic demands.
Voluntary organizations can do a lot in accelerating the pace of development both
rural and urban, through their participation in the development processes and education or
the people. These organizations cann be aliaison between the administrative agencies andthe
people.
Conclusion
Elements of Continuity
There has been continuity in Indian Administration after 1947 from the pattern that
Erolution and Historical legacies |17
existed before lndependence. At the same time the political ambience and the objectives of
administration have changcd eompletely after Independence.
Ihe most important rcason for this continuity was the relatively pcaceful transfer of
power trom the British rulers to thc Indian pcople. Another reason was that millions of
retiugees migrated between the two post-partition countries, India and Pakistarn, partly due
ro communal violence and also the option given to the sections of population to settle in
cither of the two countrics. Indian administration got reduced in numbers as most of the
Muslimsand Europcan Civil Servants resigned and left the country. Thus there were ncither
the resources nor thepersonnel to set up a new administrative machinery immediately aftter
1947. Astable and well-founded administrative organization comnprising departments and
civil services wasthe critical need of thehour. So, the then existing administrative framework
was continucd almost in its entirety after Independence.
However, India adopted its own Constitution within three years afrer Independence.
The objectives and nature of this Constitucion is altogether different from those of the
constitutional acts prevailing under the British rule. India enactedademocratic constitution-
periodic elections to the national Parliament and the State legislatures, adoption of the goals
of a social welfare state through laws, and citizen entitlements were guaranteed through a
package of rights and progressive legislation.
The liberties of the citizens, the political parties and minorities are guaranteed by
the Constitution. An independent judiciary protects these rights and freedoms. The
Constitution contains the ideals of a social welfare State. A federal state based on the Union
(Central) and State Governments have been established by the Constitutional structure.
Local governments (urban and rural) are the third tier of governance looking after the civic
Union and
and developmental functions at that level. Public Service Commissions at the Constitution.
are entrusted with the recruitment of civil servants under the
the States levels
ambit of Public
These and other provisions of the Constitution have expanded the
accountable to the
Administration in the country. Moreover, the public services are
aspirations and
Parliament and State legislatures. They also have to be sensitive to the
grievances of the clectorate in a democracy.
the country. Before
The Constitution has established parliamentary democracy in
full powers
Independence the legislatures at the Centre and in the Provincesdid not possess
and authority as under the present Constitution. During the periods of partial legislative
partially accountable to
control, 1920-35, 1937-39 and 1946-47, the public services were
responsible to the public. This led to
the popularly elected representatives and the ministers
administrative continuity after Independence.
Indian administration has been the
The most important change inducing factors in state. The elements
advent of democracyand the compulsions of development anda welfare
of stability are found in the continuity of the departmentalsystem and the smooth induction
Constitutional objectives.
of new public services selected on merit, with commitment to the
The number of development and welfare departments has grown after Independence.
Growth of scientific and technological knowledge and its application has also influenced
18| Indian Administration:: Structure, performance and
the administration. However, despite such diversification of administrative structures and
reform
functions the basic problems of organization that still dominate the bureaucratic
are: predominance of tormalism, presence of red tape and the cxistence of alarge numh
outmodcd manuals and laws.
hierarchy
Various new public services have been constituted in independent India though
generalist administrator still dominates. The Indian 1CS incumbents continued in of the
but as aservice it was replaced by the IAS. The Indian PoliceService and the Indian Fore
Service were the other two All India Services constituted after 1947. Besides, the Cens
Services man the departments of the Union government. The States also have their
services including the generalist ones and those serving various functional departmenr.
like agriculture, education, health, roads, drinking water and sanitation. Local bodiet
have their own personnel in some states. Public Service Commissions have been set up to
cnsure recruitment of personnel on merit and to advice on disciplinary cases, transfers and
promotions.
The Constitutional directives seek to promote the ideals of a just social and economic
order and a welfare state. Besides national planning, state and district planning have also
become functional. A large public sector to bring about rapid, all-round and self-sufficient
industrial development has poseda great challenge for the managerial personnel in the public
enterprises.
It is said that Indian federalism is tilted towards the Centre but this was inevitable
from the point of view of national security and
development. Popular participation in
administration, particularly of development initiatives occurs through the Panchayati Raj
institutions, municipal governments, cooperatives and voluntary organizations.
Role of Civil Service Today
The role of civilservice has changed significantly from the
pre-Independence days to current
cimes. This, to a large extent, has been driven by the changing
domestic and international
scenario and the natureof responsibilities centred on the agenda of
period.
governance of the specihe
Prior to Independence, the main responsibility of the civil service was to
law and order and manage revenue maintain
administration. Civil servants immediately in the post
independence period dealt with developmental issues and hence were required topossess
and continuously acquire new skills relating to development
administration. In the 21
century, the present-day civil servants are responsible for trade negotiations; regulation of
the private sector; cffective monetary management; reduction of gender gap; elimination of
social incquity: participation in international discussions; and
management of Public
Enterprises (PSE). This has made their job highly demanding. In chis context, civil serva
have to be prepared to mect the new challenges and cquip themselves with the necessary
skills and capabilities to meet their tasks. They need to master latest
technologies
new modes of functioning. This requires a high degree of professionalism
and ad
and competence
on the part of the civil servants.
Erelution and Historical Leçacies |19
Civil servants of thc pre-Independence era reportcd to their British masters who were
not accountable to the lndian public. Todaycivil servants workwithin thc boundarics of a
democratic system otgovernance and report to clected members of ademocratic government.
In addition, today's cnvironmcnt is characterized by an ever so vigilant press, the public and
alert legislatures, which make the working of civil servants all the more demanding and
dcCountable.
Over a period of time the role of civil service has evolved from unaccountable and
arbitrary stvles of administration (pre-1947) to development orientation (post-1950's)
and after 1990s to the imperatives of new public management in a post-globalized cra. In a
parliamentary system of government, the permancnt executive is accountable to the political
exeutive who in turn is accountable directly to thepublic. In the current era ofadministrative
retorm, the trend is towards the direct accountability of the public servant to the citizen for
public service delivery through the strengthening of public accountability mechanisms.
Suggested Readings
Arora, Ramesh K., and Rajni Goyal, Indian Public Administration: Institutions and Issues, Delhi, New Age,
2013.