Criticism of Government
No Government servant shall, in any radio broadcast, telecast through any electronic media or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion -
(i) which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government:
Provided that in the case of any Government servant included in any category of Government servants specified in the second proviso to sub-rule(3) of rule 1, nothing contained in this clause shall apply to bonafide expression of views by him as an office-bearer of a trade union or association of Government servants for the purpose of safeguarding the conditions of service of such Government servants or for securing an improvement thereof; or
(ii) which is capable of embarrassing the relations between the Central Government and the Government of any State; or
(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State;
Provided that nothing in this rule shall apply to any statements made or views expressed by a Government servant in his official capacity or in the due performance of the duties assigned to him.
Government of India Instructions
(1) Government servants visiting foreign countries should not express views on Indian or foreign affairs.
Government servants visiting foreign countries should refrain from giving expression to views on Indian or foreign affairs and in particular, from making any written or oral statements without specific prior approval of the Head of the Indian Missions in the country visited.
(MHA OM No. 25/71/51-Ests., dated the 17.10.1951)
(2) Estimates Committee’s recommendation for giving freedom to officers to express their differing views
The Estimates Committee in para 20 of their Ninety-Third Report on public Services have made the following recommendations :-
"…As regards the obligations of the ruling party towards the permanent services, the Committee can do no better than to quote from a speech delivered by the late Prime Minister Shri Lal Bahadur Shastri during the course of discussion in Lok Sabha (on 01.04.1963) relating to demands for grant to the Ministry of Home Affairs of which he was then the Minister in charge :-
…the services, if their morale has to be kept up, must be given full freedom to express their differing views. It is entirely for the Minister to accept the view of the officers or not. If they are made to do things, then the morale of the services will go down and the administration will suffer and I personally think that ultimately, the people will also suffer."
While the Committee endorse the forthright view expressed by the then Home Minister regarding the desirability of granting complete freedom to Government officers to express their differing views, they would also like Government to act in their capacity of loco parentis to the public services and shield them against all unjustified attacks from whichever source they are launched. In the opinion of the Committee, nothing can weaken the morale of the public services more than a general feeling that, in a certain set of circumstances, they may be subjected to harassing enquiries with no prospect of any protection from any quarter, for whatever they might have done in good faith.
2. The above recommendations of the Committee are brought to the notice of the Ministry of Finance etc., for information and guidance.
[MHA, OM No. 14/9/66-Ests.(A)-II, dated 03.08.1966]