political rights of civil servants of different countries

Comparative Public administration

1. I1. INTRODUCTIONNTRODUCTION

1.1..1. C CIVILIVIL S SERVANTSERVANTS::

A civil servant or public servant is a civilian public sector employee working for a government

department or agency. Those people who work for Government departments which report to

Ministers (who are of course always Parliamentarians), Civil Servants also work for a number of

non-Ministerial Government Departments (NMGDs). The term civil servants always includes

the (sovereign) state's employees; whether regional, or sub-state, or even municipal employees

are called "civil servants" varies from country to country. In the United Kingdom, for instance,

only Crown employees are civil servants, county or city employees are not. No state of any

extent can be ruled without a bureaucracy, but organizations of any size have been few until

the modern era. Administrative institutions usually grow out of the personal servants of high

officials, as in the Roman Empire. This developed a complex administrative structure, which

is outlined in the Notitia Dignitatum1 and the work of John Lydus (was an early Byzantine

administrator), but as far as we know appointments to it were made entirely by inheritance or

patronage and not on merit, and it was also possible for officers to employ other people to

carry out their official tasks but continue to draw their salary themselves. There are obvious

parallels here with the early bureaucratic structures in modern states, such as the Office of

Works or the Navy in 18th century England, where again appointments depended on

patronage and were often bought and sold.

1.2. PPOLITICALOLITICAL RIGHTSRIGHTS OFOF C CIVILIVIL S SERVANTSERVANTS::

Political rights presume that the government processes should be structured so as to provide

opportunities for political participation of all eligible citizens. According to the modern

concept of political rights, every citizen should have the right and opportunity, without

unreasonable restrictions, to take part in the conduct of public affairs, directly or through

1 The Notitia Dignitatum is a unique document of the Roman imperial chanceries. One of the very few surviving documents of Roman government, it details the administrative organization of the eastern and western empires, listing several thousand offices from the imperial court down to the provincial level.

Political Rights of Civil Servants - 1-

http://en.wikipedia.org/wiki/Royal_Navy

http://en.wikipedia.org/wiki/Office_of_Works

http://en.wikipedia.org/wiki/Office_of_Works

http://en.wikipedia.org/wiki/Byzantium

http://en.wikipedia.org/wiki/John_Lydus

http://en.wikipedia.org/wiki/Notitia_Dignitatum

http://en.wikipedia.org/wiki/Bureaucracy

http://en.wikipedia.org/wiki/Public_sector

http://en.wikipedia.org/wiki/Roman_empire

http://en.wikipedia.org/wiki/Ancient_Rome


chosen representatives. Political rights entail the power to participate directly or indirectly in

the establishment or administration of government, such as the right of citizenship, the right to

vote, and the right to hold public office.

2. PPAKISTANAKISTAN

2.1. CCIVILIVIL SERVICESSERVICES OFOF P PAKISTANAKISTAN

Presently, the Civil Services of Pakistan are divided into 14 groups and services, namely,

Pakistan Audit and Accounts Service, Commerce & Trade Group, Customs & Excise Group,

District Management Group, Foreign Service of Pakistan, Income Tax Group, Information

Group, Military Lands & Cantonment Group, Office Management Group, Police Service of

Pakistan, Postal Group, Railways Group, Secretariat Group, Ex-Cadre Officers.

Out of the 14 groups and services, 11 are called groups, 03 are called services i.e. Foreign

Service of Pakistan, Pakistan Audit and Accounts Service, and Police Service of Pakistan, and

one is neither called a group nor a service i.e. ex-cadre officers.

The induction to all these groups and services is done primarily through the Central Superior

Services (CSS) examination conducted by the Federal Public Service Commission (FPSC). As

such, the common sense demands that all central superior services are called ‘services’ to

maintain uniformity. The nomenclature of the entry examination itself is 'central superior

services' examination and not 'central superior groups and services' examination. So, it is in

the fitness of things to call all groups as services such as District Management Service,

Commerce & Trade Service, and Customs & Excise Service and so on.

2.2. PPOLITICALOLITICAL RIGHTSRIGHTS OFOF CIVILCIVIL SERVANTSSERVANTS ININ P PAKISTANAKISTAN::

Pakistan inherited a powerful and pervasive bureaucratic tradition from its col onial

administrators. Pakistan's civil service is both a very modern and a very ancient institution.

Civil servants of Pakistan have the following political rights that they can use to exercise their

powers and also the impact of the rights they are having. They have the following rights:



Pakistan's military, bureaucratic and political leadership have centralized power of

decision making.

They have the participation right, according to which they can participate in the actions

taken politically.

Constitution acknowledged it to be a fundamental and political right, freedom of

association in Pakistan for the civil servants.

Freedom of opinion, expression and information about the politics and all the policies.

It is the political right to have a total control over the participation and the decision

making in the political system of the country.

They have the control over the information regarding to elections and selection.

The most important right that the civil servants of Pakistan are having is the right of

participation in all over the system through different sources like it can be decision

making, it might be the policy making etc.

2.3. EECOLOGYCOLOGY OFOF ADMINISTRATIONADMINISTRATION ININ P PAKISTANAKISTAN::

The ecology of administrative system of Pakistan is very much clear. All the working of the

civil services system is as follows:

Under the administrative reforms of 1973, all the services and cadres were “merged into a

single unified graded structure with equality of opportunity for all who enter the service at any

stage based on the required professional and specialized competence necessary for each job”.

"All `classes’ among government servants were abolished and replaced by a single unified

graded structure to open the road upwards to the very top to all on merit and required

educational and professional qualifications. The use of `service’ labels such as FSP, PSP, etc.

were discontinued forthwith."2

While the service labels of the Foreign Service of Pakistan, the Pakistan Audit & Accounts

Service and the Police Service of Pakistan remained untouched, the service label of the Civil

2 FSP, Foreign Service of Pakistan , PSP, Police Service of Pakistan



Service of Pakistan was changed to that of the District Management Group. Not only this, but

also the very Civil Service of Pakistan was disbanded.

Although the service label was changed in the case of the Civil Service of Pakistan, the

designations of the commissioner, deputy commissioner and assistant commissioner remained

intact and so were their responsibilities, authority and accountability.

With the introduction of the Local Government (LG) System under the devolution of power in

2001, the very designations of the commissioner, deputy commissioner and assistant

commissioner were changed to district coordination officer (DCO) and deputy district officer

(DDO).

Not only the designations were changed, but also the responsibilities, authority and

accountability of these officers were changed.Under the LG system, the position of the

commissioner and deputy commissioner who were previously administrative heads of a

division and a district respectively was reduced to that of a district coordination officer

reporting to the city nazim or district nazim. The commissioner was replaced as administrative

head of the division by the city nazim and the deputy commissioner by the district Nazim.

3.3. C CHINAHINA

3.1. CCONCEPTONCEPT OFOF CIVILCIVIL SERVANTSSERVANTS ININ C CHINAHINA::

Civil servants refer to all the staff, except employees doing what amounts to blue-collar jobs,

working in state administrative organs who implement state administrative power and conduct

public services according to law. They also include staff in other units which also have state

administrative functions and conduct administrative activities.

3.2. PPOLITICALOLITICAL RIGHTSRIGHTS OFOF CIVILCIVIL SERVANTSSERVANTS ININ C CHINAHINA::

Civil services system of china provides following rights to their civil servants:



They shall not be removed, demoted, sacked or administratively penalized without due

process of law or not on ground of legal reasons.

They have the right to the power necessary to conduct their duties.

They have the right to remuneration for their work and insurance and welfare benefits.

They have the right to take part in training.

They have the right to make suggestions and criticisms.

They have the right to make appeals and charges.

They have the right to resign according to law.

They have the right to enjoy the Constitution and other rights prescribed by law.

They have right to draw up civil servant administrative regulations and standards.

They have right to Conduct guidance to personnel departments in the governments at

the same level or lower levels.

Conduct organizational coordination on matters involving different departments or

areas.

Carry out the right of examination and approval according to division of administrative

powers.

Conduct supervision over the administration of civil servants.

They have the right of recruiting.

They have the right of checking and examining.

They right of conferring awards and meting out punishment

They have the right of promotion and demotion.

They have the right of making appointments and removals.

They have the right of sacking.

They also have rights of deciding personnel matters.

3.3. AADMINISTRATIVEDMINISTRATIVE O ORGANSRGANS OFOF CIVILCIVIL SERVICESSERVICES SYSTEMSYSTEM OFOF C CHINAHINA::

The administrative organs of civil servant is composed of the Ministry of Personnel, and

bureaus of personnel in various ministries, commissions and offices under the State Council,



personnel departments in various organs of local governments at and above the county level

and in organs under them.3

3.3.1. C COMPREHENSIVEOMPREHENSIVE ADMINISTRATIVEADMINISTRATIVE ORGANSORGANS

They refer to administrative organs established within governments at all levels, having a

multitude of administrative functions, with administrative power not limited to departments at

the same level and with matters rather than individual civil servants as the target of their work,

and with administrative powers of a macro and indirect nature.

3.3.2. DDEPARTMENTALEPARTMENTAL ADMINISTRATIVEADMINISTRATIVE ORGANSORGANS

They accept leadership from officials in charge of the departments and are responsible to

them. At the same time, they also accept the guidance and supervision of the personnel

3 The System of Civil Servant, Friday, October 21,2005 Posted: 14:31 BJT(0631 GMT) china.org


Administrative Organs of civil

services system of China:

Comprehensive administrative organs Departmental administrative

organs


departments of the governments at the same level and conduct civil servant administrative

responsibilities within their respective departments.

3.4. EECOLOGYCOLOGY OFOF ADMINISTRATIONADMINISTRATION ININ C CHINAHINA

The administration of civil services of China can be understood through following categories:

1. Position

2. Classes

3. Examination, award and discipline

4. Promotion, demotion and withdrawal

5. Salary, insurance and welfare benefits

6. Resign, sacking and retirement

3.4.1. PPOSITIONOSITION

Posts of civil servants are classified into leading position and non-leading positions.

a. LLEADINGEADING POSITIONSPOSITIONS::

These positions, consisting of ten categories from the Premier of the State Council to vice

section director at a grassroots unit, have the functions and powers of organizing, decision

making and giving command.


Position

Leading Position Non-leading Position


b. NNONON--LEADINGLEADING POSITIONSPOSITIONS::

These positions, including those of clerks, researchers and inspectors of various levels, do not

have the functions and powers of organizing, decision making and giving command.

3.4.2.3.4.2. C CLASSESLASSES

Civil servants are divided into 15 classes with the Premier in the first class and clerks at the

10th to 15th classes.

3.4.3. EEXAMINATIONXAMINATION, , AWARDAWARD ANDAND DISCIPLINEDISCIPLINE

(a). EEXAMINATIONSXAMINATIONS::

State administrative organs or leaders conduct all-round check up, examination, analysis and

appraisal of civil servants under them, in accordance with their administrative power.

Such examinations consist of annual and routine examinations.

(b) AAWARDSWARDS


Awards

First degreeMerits and title of honor

Second degreeMerits and title of honor

Third degreeMerits and title of honor


State administrative organs give awards and encouragement to their civil servants who have

proved outstanding in their work, made visible contributions and achievements or have

performed other merits. Awards include first-, second- and third-degree merits and the title of

honor.

Award winning civil servants may also receive additional reward in the form of a certain

amount of bonus, prizes, and rise in salary.

(c). D DISCIPLINEISCIPLINE ANDAND PENALTIESPENALTIES

Civil servants who have violated discipline are to be penalized.

Administrative penalty includes six types of punishments such as warning, recording a

demerit, recording a serious demerit, demotion, stripping one of his position and sacking.

3.4.4. PPROMOTIONROMOTION, , DEMOTIONDEMOTION ANDAND WITHDRAWALWITHDRAWAL

(a). PPROMOTIONROMOTION::

This includes promotion based on annual evaluation, on achievements and merits after

examination.

Civil servants with outstanding merits and achievements may be promoted by bypassing

restrictions on seniority but such promotions must be approved by relevant departments in

accordance with regulations.

(b). DDEMOTIONEMOTION

Demotions are meted out to civil servants who have been proved incompetent or who have

been proved incompetent but are inappropriate to transfer to other positions; those who have to

take up lower positions as a result of change in the organizational setup or reduction of the

leading posts; those who ask for demotion with ample reasons. They shall be permitted to take



up lower posts. Demotion is also meted out to those who have committed mistakes and are no

longer suitable to remain in their original positions.

(c). WWITHDRAWALITHDRAWAL

State organs carry out this restrictive measure in order to avoid civil servants making use of

their power for private gains.

3.4.5. SSALARYALARY, , INSURANCEINSURANCE ANDAND WELFAREWELFARE BENEFITSBENEFITS

(a) SSALARYALARY::

Civil servants receive salaries according to their positions. Their salaries consist of four parts:

official post pay, official class pay, basic pay and seniority pay.

(b) IINSURANCENSURANCE: :

The state implements a labor insurance system to provide material aid to civil servants who

have temporarily or permanently lost the ability to work.

(c) WWELFAREELFARE BENEFITSBENEFITS

Civil servants enjoy benefits in free medical service, pay during sickness and maternity leave,

home-visiting holiday, welfare subsidies and pension and compensation payment.

3.4.6. RRESIGNESIGN, , SACKINGSACKING ANDAND RETIREMENTRETIREMENT



(a) RRESIGNESIGN :

Civil servants may apply for terminating their employment with state administrative organs in

accordance with laws and regulations. Resigning is not a unilateral decision by the civil

servant. It has to be processed according to legally established procedures.

(b) SSACKINGACKING

State administrative organs may strip a civil servant, who is unsuitable to serve his position, of

his power and obligations, thus taking him out of the rank of civil servants.

(c) RRETIREMENTETIREMENT

Civil servants who have worked for a certain number of years and reached the age of

retirement may leave their posts. They shall receive retirement insurance and pension on a

regular basis.

4. IINDIANDIA

4.1. IINDIANNDIAN CIVILCIVIL SERVICESERVICE SYSTEMSYSTEM

During the colonial period, the British built up the elite Indian Civil Service, often referred to

as the "steel frame" of the British Raj. Nehru and other leaders of the independence movement

initially viewed the colonial civil service as an instrument of foreign domination, but by 1947

they had come to appreciate the advantages of having a highly qualified institutionalized

administration in place, especially at a time when social tensions threatened national unity and

public order.

The constitution established the Indian Administrative Service to replace the colonial Indian

Civil Service and ensure uniform and impartial standards of administration in selected fields,



promote effective coordination in social and economic development, and encourage a national

point of view. 4

The Indian Civil Service serves as the backbone of India and carries great respect and

responsibilities. India's best brains vie for entry into the Indian Civil Services as officers. Even

though corporate jobs may offer the best of salaries and perks, a majority of youngsters and

their parents still crave entry to the prestigious Indian Civil Services held by the UPSC. 5 The

very fact that a big share of every year's top posts in the civil services exams are bagged by

professionals from various streams, shows that the IAS is still the dream job for many.6

4.2. PPOLITICALOLITICAL RIGHTSRIGHTS OFOF CIVILCIVIL SERVANTSSERVANTS OFOF I INDIANDIA

Indian civil servants enjoys following rights:

They have the Right to Political Activity:

The right of political activities of the public servants in a democratic government is

determined by the constitutional theory of government. Political neutrality of civil servants has

been regarded as one of the cardinal conditions for the success of a democratic government.

The parliamentary form of government demands from civil service not only neutrality and

unimpeachable but also integrity and impartiality to conduct.

The civil servants has been classified into

The politically free group

The politically restricted group

Those who are allowed to participate in national political activity, subject to

permission.

In regard to local political activities, barring those civil servants who are required to obtain

permission for participation, all others allowed to take part in those activities.

A civil servant in the politically free group who is contesting for parliament is obliged to

submit his resignation before nomination. He is entitled to be reinstated in the post

whether he is elected to parliament or not.

4

5 UPSC, Union Public Service Commission6 IAS, Indian Administrative system



They can exercise the right to vote.

They have the right to contest elections.

The public servants in India enjoy the right to association with trade unions.

They have the rights to strike. Whether the civil servant's right to strike is granted or not,

this right is exercised widely in India.

The civil servants enjoy privileges and rights guaranteed by the constitution.

4.3. EECOLOGYCOLOGY OFOF ADMINISTRATIONADMINISTRATION ININ I INDIANDIA

The officials of the IAS are involved in civil administration and policy-making. Like many

other civil services bodies, officers of the IAS are selected by the Civil Services Examination,

a three-stage a competitive selection process consisting of

a preliminary exam,

a main exam,

an interview.

This Civil Services Examination is administered by the Union Public Service Commission

once a year. The Civil Services Examination is used for recruitment for many Indian

administrative bodies and is known for being extremely challenging. Entry into the IAS is

considered very difficult; most applicants rank it and the Indian Foreign Service as their top

choices because of the high prestige, salary, and benefits that come with such positions. For

example, in the 2005 batch, of the 425 selected candidates, 398 indicated IAS as their first

preference, 18 chose IFS and just nine chose IPS. But when it came to second preference, 200

candidates had marked IPS as their choice, while only 155 had marked IFS as their second

choice. Repeated attempts are allowed up to four times. About 300 to 400 candidates are

finally selected each year out of the nearly 400,000, but only a rank in the top 50-100

guarantees an IAS or IFS selection—an acceptance rate of 0.01 percent, which makes it

perhaps the most competitive exams in the world.


http://en.wikipedia.org/wiki/Union_Public_Service_Commission

http://en.wikipedia.org/wiki/Interview

http://en.wikipedia.org/wiki/Civil_Services_Examination


4.3.1 C CADRESADRES OFOF B BUREAUCRATSUREAUCRATS::

After being selected for the IAS, candidates are allocated to "cadres." There is one cadre in

each Indian state, except for three joint cadres:

Assam Magalia,

Manipur -Tripura,

Arunachal Pradesh -Goa-Mizoram-Union Territories (AGMUT).

4.3.2. IINSIDENSIDE--OUTSIDEOUTSIDE I INFORMATIONNFORMATION::

The "insider-outsider ratio" (ratio of officers who are posted in their home states) is

maintained as 1:2 as 'insiders'. The rest are posted as 'outsiders' according to the 'roster' in

states other than their home states. Till 2008 there was no choice for any state cadre and the

candidates, if not placed in the insider vacancy of their home states, were allotted to different

states in alphabetic order of the roster, beginning with the letters A, H, M, and T for that

particular year. For example if in a particular year the roster begins from 'A', which means the

first candidate in the roster will go to the Andhra Pradesh state cadre of IAS, the next one to

Bihar, and subsequently to Chattisgarh, Gujarat and so on in alphabetical order. The next year

the roster starts from 'H', for either Haryana or Himachal Pradesh. (If it has started from

Haryana in the previous occasion when it all started from 'H', then this time it would start from

Himachal Pradesh). This highly intricate system has on one hand ensured that officers from

different states are placed all over India, it has also resulted in wide disparities in the kind of

professional exposure for officers, when we compare officers in small and big & also

developed and backward state, since the system ensures that the officers are permanently

placed to one state cadre.

5. CCOMPARISONOMPARISON


http://en.wikipedia.org/wiki/Union_Territory

http://en.wikipedia.org/wiki/Mizoram

http://en.wikipedia.org/wiki/Goa

http://en.wikipedia.org/wiki/Arunachal_Pradesh

http://en.wikipedia.org/wiki/Tripura

http://en.wikipedia.org/wiki/Manipur

http://en.wikipedia.org/wiki/Cadre


The civil services system of Pakistan, India and China are having unique features. But our

main focus is upon the political rights of civil servants of Pakistan, China, and India. Although

there are some similarities in the civil services system of all these three countries regarding the

political rights of civil servants. This can be better understood by the comparison of the

political rights of civil servants of these three countries.

Pakistan China India

Civil servants have power of

decision making.

Civil servants have power of

decision making.

Civil servants do not have

power of decision making.

They can not be removed

without any legal reason.

They also can not be

removing without any legal

reason.

Same as Pakistan and India.

They have freedom of

association.

They also have freedom of

association.

They do not have freedom of

association.

They don’t have right to

strike. Until unless strike is

guaranteed.

Same as Pakistan. They have the rights to strike.

Whether the civil servant's right to

strike is granted or not, this right

is exercised widely in India.

They have freedom of

opinion, expression and

information.

They also have freedom of


information.

They do not have right of


information.

They can take part in all

political activities whether

these activities are at federal

level, provincial level or local

level.

Same as Pakistan.

They all are not allowed to

take part in local government

activities except those who

have right of participation.


promotion a demotion.

They have right of promotion

and demotion.

They also do not have right of

promotion.


recruitment.

They have right of recruiting. Same as Pakistan.



Their rights are not

guaranteed by the

constitution.

Their rights are guaranteed by

the constitution.

Same as China.

6. CCONCLUSIONONCLUSION

As far as the political rights of civil servants are concerned so, we can say that civil service

system of china is more strong as compare to Pakistan and India. As it offers more rights to

more rights to its civil servants and gives more protection to them. This difference is very

much obvious from the above comparison of these three countries. And as far as India is

concerned so it is providing very less rights to its civil servants. Even it does not allow all its

civil servants to participate in all levels of political activities. And as far as Pakistan is

concerned it is almost following the system of China or we can say that it is offering almost

same political rights to its civil servants.

7. RRECOMMENDATIONSECOMMENDATIONS

As there are some deficiencies in almost all these three systems. So following

recommendations should be made:

1. Efforts should be made to generate national consensus on issues of governance. The

smaller provinces must be more involved in decision-making on national issues.

Plurality needs to be accommodated in these policies. The State must refrain from

suppressing legitimate assertions of identity. On the contrary, national integration and

reconciliation must be sought by creating a sense of "common good" in the

development and strengthening of democracy in the country.



2. Political parties must promote democratic culture. They must demonstrate their

commitment to democratic practice by holding elections within their own

organizations. Parties must encourage wider participation by broadening the social and

economic base of their membership.

3. Parliamentary conduct of parties must be radically improved. In the way that everyone

knows his/her authority and they should not go beyond that.

4. An enabling environment for civil society should be created, for example, by the

removal of restrictions on the functioning of NGOs. The electronic media must be

freed from government control. The electronic media and the press must play a more

active role in engendering a progressive and forward-looking outlook. Civil society

institutions must build accountability mechanisms and maintain transparency in their

own work, and at the same time monitor the conduct of State institutions.

5. Academic freedom must be guaranteed and State interference in universities and other

institutions of higher studies be eliminated. So that the country may increase the

literacy rate and through which it would be able to make people aware of their rights.

6. Laws placing illegal and arbitrary restrictions on the fundamental rights guaranteed in

the Constitution must be repealed. These laws have been used by the State for political

victimization and persecution of dissidents. Restrictions on freedom of the press, or

practices that can afford the State opportunities to control press freedom must be

abolished. Threats by non-State actors against journalists, lawyers, human rights

activists and academics, designed to curtail the freedom of expression and performance

of professional duties must be treated as criminal acts and be systematically prosecuted

by the State.

7. The right to franchise must be made equal throughout the country. The system of

separate electorates must be removed to improve the participation rights of minorities.

The extension of adult franchise to the Federally Administered Tribal Areas for the

first time in the 1997 elections is an encouraging sign. Further steps must be taken to

include these areas in the policy and legislative initiatives applicable in the rest of the

country.



8. Civil servants should be treated as very important hand of the country because they are

the one who are doing best in real sense for their country, so they should be given good

rights so that their motivation may increase.


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