UPSC MainsLAW-PAPER-I201415 Marks
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Q8.

Define the term 'public servant'. Also discuss the recruitment procedure of public servants in India.

How to Approach

This question requires a dual approach: defining 'public servant' under the Prevention of Corruption Act and then detailing the recruitment procedures in India. The answer should start with the legal definition, followed by a discussion of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) roles. It should also touch upon recent changes and challenges in the recruitment process. Structuring the answer with clear headings and subheadings is crucial for clarity and readability.

Model Answer

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Introduction

The concept of a ‘public servant’ is central to ensuring accountability and transparency in governance. The Prevention of Corruption Act, 1988, defines this critical category, shaping the scope of anti-corruption measures. India’s recruitment process for public servants is a multi-layered system, primarily overseen by the Union Public Service Commission (UPSC) for central government jobs and State Public Service Commissions (SPSC) for state-level positions. Recent debates around reservation policies, exam reforms, and skill-based assessments highlight the evolving nature of this system. This answer will delve into the legal definition of a public servant and subsequently outline the recruitment procedures employed in India.

Defining 'Public Servant'

Section 2(1)(ii) of the Prevention of Corruption Act, 1988, defines a 'public servant' as a person in central, state, or union territory service or a revenue or revenue-connected service of any such territory, or a person in any statutory corporation or any public sector undertaking. It also includes any person who is, or has been, in government service.

Crucially, the definition extends beyond directly employed government employees. It includes individuals working in public sector undertakings (PSUs) and statutory corporations. The definition’s broad scope aims to encompass anyone exercising public power or discharging public functions.

Example: A manager working in a PSU like Bharat Petroleum Corporation Limited (BPCL) would be considered a public servant under this definition due to the PSU’s ownership by the government.

Recruitment Procedure in India: A Multi-Layered System

Role of the UPSC

The Union Public Service Commission (UPSC) is responsible for recruiting all officers to All India Services (IAS, IPS, IFS) and Group A and Group B central services. The recruitment process typically involves:

  • Advertisement: UPSC issues advertisements for various posts.
  • Preliminary Examination: A screening test is conducted for initial selection.
  • Main Examination: A written examination covering general studies, aptitude, and subject-specific papers.
  • Interview: Selected candidates are interviewed by a board to assess their personality and suitability for the post.
  • Final Selection: Candidates are ranked based on their performance in the written and interview stages, and a merit list is prepared for final selection.

Statistic: In 2023, the UPSC Civil Services Examination saw over 1.1 million applications, highlighting the intense competition for these coveted positions. (Source: UPSC website)

Role of State Public Service Commissions (SPSC)

Each state has its own Public Service Commission (SPSC) responsible for recruiting state government employees. The process is similar to the UPSC, involving written examinations, interviews, and a merit-based selection process. However, the specific exams and syllabus are determined by each SPSC.

  • Advertisement: SPSC issues advertisements for various state government posts.
  • Written Examination: SPSC conducts a written exam based on the syllabus prescribed.
  • Interview: Shortlisted candidates attend an interview.
  • Final Selection: Candidates are ranked based on their performance in the written and interview stages, and a merit list is prepared.

Recent Changes and Reforms

The recruitment process has seen several reforms and changes over the years:

  • Syllabus Updates: UPSC regularly updates the syllabus to reflect current affairs and evolving skill requirements.
  • Introduction of Skill-Based Assessments: There’s increasing emphasis on assessing soft skills, problem-solving abilities, and emotional intelligence.
  • Computer-Based Testing (CBT): Most exams are now conducted in CBT mode for efficiency and accuracy.
  • Deprivation Points: The UPSC has introduced deprivation points to benefit candidates from economically and socially disadvantaged backgrounds.
  • National Recruitment and Promotion Boards (NRPSB) Proposal: The government has proposed a National Recruitment and Promotion Boards to ensure uniformity and transparency in recruitment processes across various government departments. This proposal is still under consideration.

Challenges in the Recruitment Process

Despite reforms, the recruitment process faces challenges:

  • Coaching Culture: The highly competitive nature of exams has led to a thriving coaching industry, creating an uneven playing field.
  • Reservation Policies: Implementation of reservation policies can be complex and sometimes leads to legal challenges.
  • Exam Reforms: Frequent changes in exam patterns and syllabus create anxiety among aspirants.
  • Lack of Transparency: Concerns about transparency in evaluation and selection processes persist.

Case Study: The UPSC Civil Services Examination and its Impact

Title: The Civil Services Examination: A Gateway to Public Service

Description: The UPSC Civil Services Examination is the most prestigious and competitive exam in India. It attracts lakhs of aspirants annually, and the rigorous selection process ensures that only the most capable candidates are chosen for public service. The examination tests not only knowledge but also analytical skills, problem-solving abilities, and personality traits.

Outcome: The examination has produced numerous leaders and administrators who have contributed significantly to India's development. However, it has also been criticized for its exclusionary nature and the pressure it places on aspirants.

Commission Scope of Recruitment Key Exams
UPSC All India Services, Group A & B Central Services Civil Services Examination, Engineering Services Examination
SPSC State Government Services State Civil Service Examination (varies by state)

Conclusion

In conclusion, the definition of ‘public servant’ is crucial for accountability and governance, encompassing a broad range of individuals involved in public functions. The recruitment process in India, managed by the UPSC and SPSCs, is a rigorous and competitive system. While reforms have been introduced to enhance efficiency and fairness, challenges remain. Moving forward, increased transparency, a more equitable playing field, and a focus on skill-based assessments are essential for ensuring a meritocratic and effective public service.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Prevention of Corruption Act
An Act enacted in 1988 to prevent corruption in public service by providing for the investigation and punishment of public servants who are found to be corrupt.
Public Sector Undertaking (PSU)
A company in which the government has a substantial stake, often created to provide essential goods or services.

Key Statistics

The average number of applicants per seat in the UPSC Civil Services Examination is approximately 12:1, highlighting the intense competition.

Source: Based on UPSC data and general estimates

The number of Public Sector Undertakings (PSUs) in India is approximately 350, as of 2023, making them a significant component of the workforce considered 'public servants'.

Source: DPE website

Examples

The ‘IAS Officer’ Example

An Indian Administrative Service (IAS) officer, directly recruited through the UPSC, exemplifies a 'public servant' as they are employed by the government and exercise significant administrative powers.

Frequently Asked Questions

What is the difference between UPSC and SPSC?

UPSC recruits for central government services, while SPSC recruits for state government services. UPSC exams are common across India, while SPSC exams are specific to each state.

Topics Covered

PolityGovernanceAdministrationCivil ServicesUPSCRecruitment Process