Rights of Public Servants

Dept of PA/GTRC - 2021
RIGHTS OF PUBLIC SERVANTS
The constitutions of different countries guarantee certain fundamental rights to all

the citizens irrespective of birth, caste, creed, colour or sex. The public servants are
the citizens of the country, constitutions empower the states to regulate their rights
and impose obligations on the public servants.
In regard to various rights of public servants, different countries have evolved

different systems of rights over a period of time depending upon the genius of their
people, their historical background, the stage of their economic development and
their political and administrative structure.
The public servants are first citizens and then employees. But they have a special
duty to maintain the structure of the states' Law and Order. There is a special status
of double status applicable to the employees as citizens and as Public Servants. Their
position is closely related to the conception of democratic government which expects
employees to render faithful service to all the people, without the thought of their
own interests. There are also arguments that public employees must be granted the
role of the normal citizen even though they are public employees and they cannot be
treated as second class citizens.
The citizens of India are guaranteed certain fundamental rights by the Constitution.
The rights may be classified as under:
a) Right to Equality
b) Right to Freedom
c) Right against Exploitation
d) Right to freedom of Religion
e) Cultural and Educational Rights
f) Right to constitutional remedies
The Constitution guarantees all these rights to the citizens, but in regard to the
public servants, the state regulates their personal conduct and private relationships
which tend to affect their integrity, reputation, confidence and the dignity of the
public office. Therefore, the governments through Civil Servants Conduct Rules and
Codes prescribed and regulated the required behaviour from the public employees.
The relationship between the government and the civil servants rests on contractual
basis. Any breach of the code, conduct rules and the contract leads to different types
of punishment, dismissal from service. However, the imposition of these restrictions
is not an abrogation of their fundamental rights or an invasion of fundamental
rights.
The rights of public servants in India may be briefly described as under.
Right to Organise: The Constitution of India (Article 19) gave all the citizens the
fundamental right to freedom of speech, expression, assembly and association.
However, it authorised the state to impose reasonable restrictions on the exercise of
this rights in the national interest.
Further, Article 309 of the Indian Constitution also empowered the legislature to
regulate the recruitment and service conditions of persons appointed to public
services and posts. The conduct rules made under this provision also impose
reasonable restrictions on the fundamental rights of public servants.
Therefore, the position in India is that the public servants cannot become members
of any service association which is not recognised by the Government. Thus joining
an unrecognised association is a disciplinary offence.
The Government grants recognition to an association only when the following

conditions are fulfilled:
1) It should consist of government employees only.
2) Its executive should be from amongst its members only.
3) It should be neutral politically.
4) It should not entertain individual cases.
Right to Strike: Whether the civil servants’ right to strike is granted or not, this right
is widely exercised in India, France, Canada, Australia, America and in England. In
England the public servants are not denied the right to strike under the law. In
France they have the right to strike. In Germany, however, public servants right to
strike does not exist under the law. The penalties for violating the law include loss of
one's job.
In India, although there is no law prohibiting a strike by civil servants, however, the
conduct rules prohibit a civil servant from participating in any strike. Hence striking
by civil servants constitutes a disciplinary offence. The Second Pay Commission said
that the civil servants should not enjoy the right to strike. The Administrative
Reforms Commission of India went one step ahead and recommended complete ban
on strikes by civil servants.
Political Rights: Like the USA, India has also imposed severe restriction on political
rights of the civil servants. According to the conduct rules, the civil servants –
i. Should not indulge in active politics.
ii. Should not join any political party.
iii. Should not canvass in favour of any candidate.
iv. Should not contest Lok Sabha or state assemble elections.
v. Should not aid any political movement.
vi. Should not act as election agent, polling agent or counting agent of a
candidate at election.
Thus, except the right to vote, the civil servants in India do not enjoy any other
political rights.
POLITICAL RIGHTS OF PUBLIC SERVANTS
Political neutrality of civil servants has been regarded as one of the essential
conditions for the success of a democratic form of government. It means that civil
servants should not participate in political activities. The parliamentary form of
government demands from civil service not only neutrality and unimpeachable but
also integrity and impartiality to conduct. To ensure political neutrality, civil
servants are denied direct participation in political life of the country.
In U.S.A. regulations are laid down on the political activities of public employees.
They prohibited the following activities:
1) serving as a candidate or alternate to a political party convention,
2) solicitating or handling political contributions,
3) engaging in electioneering,
4) being a candidate for elective political office,
5) leading or speaking to partisan political meetings or rallies.
In the UK, the prevalent idea is that since public servants are devoted to the
fulfilment of public purposes they should remain neutral. In some other countries,
the common idea is that civil servants should be allowed to enjoy the political rights
common to all citizens, except for such restraints as can be justified in specific cases.
In India, the government servants, under the conduct Rules are not free to indicate
the manner in which they propose to vote or have voted. They are forbidden to
canvass or use their influence in an election to any legislature or local authority. The
government servants are not expected to attend election meetings organised by any
political party except in the official capacity. They cannot stand for election to the
parliament or to state legislature. They are required to resign in order to contest
elections. Thus, in India, the civil servants are debarred from taking part in politics.
They cannot be members of any political party nor even subscribe or assist any
political movement or activity.

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Dept of PA/GTRC - 2021

RIGHTS OF PUBLIC SERVANTS

The constitutions of different countries guarantee certain fundamental rights to all

In regard to various rights of public servants, different countries have evolved

The rights of public servants in India may be briefly described as under.

The Government grants recognition to an association only when the following

POLITICAL RIGHTS OF PUBLIC SERVANTS

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