Role of civil services in a modern government

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

(a) Role of civil services in a modern government
98. Civil services form an integral part of modern government. Professor
Herman Finer, in his classic work titled The Theory and Practice of Modern
Governance, states that the function of civil service in the modern state is not
merely an improvement of government; for without it, indeed, government itself
would be necessarily impossible.29 The efficacy of the State and the system of
responsible government to a large part depend upon professionals, who embody
the institution of a competent and independent civil service.
99. The policies of the government are implemented not by the people,
Parliament, the Cabinet, or even individual ministers, but by civil service officers.
Elaborating on the indispensable position of civil services in a parliamentary
system of government, DD Basu in his commentary on the Constitution of India
states:
A notable feature of the Parliamentary system of
government is that while the policy of the
administration is determined and laid down by
ministers responsible to the Legislature, the policy
is carried out and the administration of the country
29 Herman Finer, The Theory and Practice of Modern Governance (New York: The Dial Press, 1932) at page
1163
PART J
69
is actually run by a large body of officials who have
no concern with politics.30
100. A Constitution Bench of this Court in Union of India v. Tulsiram Patel31
dwelt on the ubiquitous nature of the civil service and observed:
34. The concept of civil service is not new or of
recent origin. Governments  whether monarchial,
dictatorial or republican  have to function; and for
carrying on the administration and the varied
functions of the government age number of persons
are required and have always been required,
whether they are constituted in the form of a
civil service or not.
101. In the Indian Constitution, an entire Part, Part XIV, is dedicated to services,
indicating the great significance which the members of the Constituent Assembly
reposed in the civil service officers. During the Constituent Assembly Debates, the
civil services were referred to as the soul of administration and it was said that
the importance of the civil services cannot be gainsaid.32 Part XIV deals with
Services under the Union and the States. Chapter I comprising of
Articles 308 to 313 deals with services, and Chapter II comprising of Articles 315
to 323 deals with Public Service Commissions for the Union and the States. The
effectiveness of the elaborate provisions of Part XIV is to a large extent dependent
upon the relationship between the ministers and civil service officers