Accountability of Civil Service Officers in a Federal Polity

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No 2357 of 2017
Government of NCT of Delhi Appellant
Versus
Union of India Respondent
2
J U D G M E N T
Dr. Dhananjaya Y Chandrachud, CJI

((c) Accountability of Civil Service Officers in a Federal Polity
108. Our Constitution is federal in character. In a federal polity, a fundamental
question which arises is which would be the more appropriate authority to whom
the civil service officers would be accountable.
109. As discussed before, a paramount feature of a federal Constitution is the
distribution of legislative and executive powers between the Union and
the regional units. The essential character of Indian federalism is to place the
nation as a whole under the control of a Union Government, while the regional or
federal units are allowed to exercise their exclusive power within their legislative
and co-extensive executive and administrative spheres.36
110. In a democratic form of Government, the real power of administration must
reside in the elected arm of the State, subject to the confines of the Constitution.37
A constitutionally entrenched and democratically elected government needs to
have control over its administration. The administration comprises of several public
officers, who are posted in the services of a particular government, irrespective of
whether or not that government was involved in their recruitment. For instance, an
officer recruited by a particular government may serve on deputation with another
government. If a democratically elected government is not provided with the power
to control the officers posted within its domain, then the principle underlying the
triple-chain of collective responsibility would become redundant. That is to say, if
the government is not able to control and hold to account the officers posted in its
service, then its responsibility towards the legislature as well as the public is
36 SR Bommai v. Union of India, (1994) 3 SCC 1 37 2018 Constitution Bench
PART J
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diluted. The principle of collective responsibility extends to the responsibility of
officers, who in turn report to the ministers. If the officers stop reporting to the
ministers or do not abide by their directions, the entire principle of collective
responsibility is affected. A democratically elected government can perform, only
when there is an awareness on the part of officers of the consequences which may
ensue if they do not perform. If the officers feel that they are insulated from the
control of the elected government which they are serving, then they become
unaccountable or may not show commitment towards their performance.