Taking part in politics and elections
. Taking part in politics and elections
(1) No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.
(2) It shall be the duty of every Government servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of , or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government.
(3) If any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule (2), the decision of the Government thereon shall be final.
(4) No Government servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in an election to any legislature or local authority:
Provided that -
(i) a Government servant qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;
(ii) a Government servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force.
EXPLANATION- The display by a Government servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.
Government of India Decisions
(1) Participation of Government servants in political activities
Doubts have been raised recently as to the scope of Rule 23 (i) of the Government Servants Conduct Rules (now Rule 5) which lays down that no Government servant shall take part in, subscribe in aid of, or assist in any way, any political movement in India or relating to Indian affairs. According to the Explanation (not in the new rule) to that clause, the expression "political movement" includes any movement or activities tending directly or indirectly to excite disaffection against, or to embarrass, the Government as by law established or to promote feelings of hatred of enmity between classes of His Majesty’s subjects or disturb the public peace. This explanation is only illustrative and is not intended in any sense, to be an exhaustive definition of "political movement". Whether or not the aims and activities of any organization are political is a question of fact which has to be decided on the merits of each case. It is, in the opinion of Government, necessary, however, that the Government servants under the Ministry of Finance etc. should be warned that –
(a) it is the duty of the Government servant who wishes to join, or take part in the activities of any association or organization positively to satisfy himself that its aim and activities are not of such a nature as are likely to be objectionable under Rule 23 of the Government Servants’ Conduct Rules (now rule 5); and
(b) the responsibility for the consequences of his decision and action must rest squarely on his shoulders and that a plea of ignorance or misconception as to Government’s attitude towards the association or organization would not be tenable.
It should also be impressed on them that, in cases where the slightest doubt exists as to whether participation in the activities of an association or organisation involves as infringement of Rule 23 (now Rule 5), the Government servant would be well advised to consult his official superiors.
[MHA OM No. 25/44/49-Ests (A), dated 17.09.1949]
(2) Attendance by Government servants at political meetings
Attention is invited to the Ministry of Home Affairs Office Memorandum No. 25/44/49-Ests.(A), dated the 17th September (Decision No. 1 above), dealing with the scope of Rule 23 (i) of the Government Servant’s Conduct Rules (now Rule 5) which lays down that no Government servant shall take part in, subscribe in aid of, or assist in any way, any political movement in India.
2. Enquiries have been received as to whether attendance by a Government servant at public meetings organized by political parties would amount to participation in a political movement within the meaning of the rule referred to. Even in regard to this narrower question the position must necessarily remain as stated in the Office Memorandum referred to in paragraph 1, viz :-
(i) that whether or not the conduct of any particular nature amounts to participation in a political movement is a question of fact to be decided on merits and in the circumstances of each particular case; and
(ii) that the responsibility for the Government Servant’s conduct must rest squarely on his shoulders and that a plea of ignorance or misconception as to Government’s attitude would not be tenable.
3. The following observations may, however, be of assistance to Government servants in deciding their own course of action :-
(i) Attendance at meetings organized by a political party would always be contrary to Rule 23 (i) of the Government Servants’ Conduct Rules (now Rule 5) unless all the following conditions are satisfied :-
(a) that the meeting is a public meeting and not in any sense a private or restricted meeting;
(b) that the meeting is not held contrary to any prohibitory order or without permission where permission is needed; and
(c) that the Government servant in question does not himself speak at, or take active or prominent part in organizing or conducting, the meeting.
(ii) Even where the said conditions are satisfied, while occasional attendance at such meetings may not be construed as participation a political movement, frequent or regular attendance by a Government Servant at meetings of any particular political party is bound to create the impression that he is a sympathizer of the aims and objects of that party and that in his official capacity he may favour or support the members of that particular party. Conduct which gives cause for such an impression may well be construed as assisting a political movement.
(iii) Government servants have ample facilities through the medium of the press to keep themselves informed regarding the aims, objects and activities of the different political parties and to equip themselves to exercise intelligently their civic rights e.g. the right to vote at elections to Legislature or Local Self Government institutions.
[MHA OM No. 25/44/49-Ests.(A), dated 10.10.1949]
(3) Actions not amounting to contravention of rule 5
The following action by a Government servant does not amount to contravention of Rule 5(4) :-
(i) Making normal arrangement during election tours of Ministers to enable them to carry out their responsibilities as Ministers;
(ii) arrangements by district officers for affording normal courtesies and security to Ministers on their visits connected with election campaign.
[MHA OM No. 25/59/51-Ests, dated 05.09.1951]