Pick And Choose Model Won’t Work In Lateral Entry, Says Ex-Law Minister

Former Union Law Minister, M Veerappa Moily, on Tuesday acknowledged that the second Administrative Reforms Commission (ARC), chaired by him in 2005 did recommend lateral entry into government services, however, he maintained that the present NDA dispensation was not following the guidelines in letter and spirit.

In an exclusive interaction with IANS, senior Congress leader Veerappa Moily said that the purpose was to lay down a proper framework for non-partisan and unbiased recruitment of ‘people of expertise’ into top government positions.

Mr Moily’s admission on lateral entry into the bureaucracy comes in the wake of the NDA’s onslaught on the UPA as the BJP and the Congress are engaged in a bitter battle over ‘ignoring’ Backward Classes in lateral hiring.

While the Congress claims that the BJP government has deprived the SCs/STs and OBCs of their right to reservation, the latter blames it on the UPA for ‘biased’ policy-making.

Q: The second ARC report, chaired by you, stated the importance of lateral entry into the Civil Services. What was its output then?

A: The ARC had prepared 15 reports. Lateral entry was one of the reports, which was called Refurbishing Personnel Administration. The report suggested the contours and modalities for lateral entry into the bureaucracy. It’s not a new subject.

Persons like Dr Manmohan Singh, and Montek Singh Ahluwalia came into the system via lateral entry. There have been many other success stories also. Though there was no systemic approach, it was done on merit and the results were rewarding. However, there was a need to put the process on record. We thought there was a need to study it and evolve a system for lateral entry. This is how it began.

The Administrative Reforms Commission thought that such integration should be done at the level of Additional Secretary, as this would facilitate the new recruits to aspire and reach the Secretary rank.

We proposed this after studying various existing models in the US, Australia, Britain and others. We thoroughly examined all models before concluding and designing the model for India.

We suggested that lateral entry can’t be an ad-hoc system and the pick and choose model won’t work. There was a need to create a Central Civil Services Authority, which would be empowered to hire and recruit people, laterally.

According to my knowledge, the present government hasn’t constituted any Central Civil Services Authority. The Authority was to be tasked with the responsibility of identifying the post, hiring management-level staff and above, where induction of outside talent should be desirable.

Talent should be tapped to fill these posts. They can be from outside and also from within the system. A transparent procedure needs to be evolved for this. On completion of the selection process, the Authority’s recommendation will be sent to the government for final approval.

The authority should also draw the attention of Parliament on the cases in which its recommendations were not accepted by the government.

The present government claims that the recommendations were made during the UPA era but it chose to gloss over many guidelines, as mentioned in the ARC report. The process of ad-hoc hiring via lateral entry will lead to a partisan method of recruitment.

Q: The ARC proposed establishing a talent pool, on a short-term or contractual basis. Can you elaborate on this?

A: Lateral entry can’t be biased or discriminatory. Those in power must not be able to influence the process and hence the framework was prepared to lay down the guidelines for non-partisan recruitment.

Q: Whose idea was it to lay down the rules for lateral entry? Did the then PM Dr Manmohan Singh suggest it or was it your idea?

A: It was not suggested by Dr Manmohan Singh or anyone. I and those in government were of the view that new and fresh talent should come into governance for steering through specific areas, requiring certain expertise. This could have been from within the services or from outside.

Q: The BJP is blaming it on you, for opening the bureaucracy to outside people. What’s your view?

A: If they adopt all the formula and recommend it, we won’t have any objection. Lateral entry is like a talent hunt. It can’t pick and choose a model. The lateral entry must be done by adhering to all guidelines and parameters as mentioned in the ARC report.

The way the BJP government has been carrying it out is bound to fail. It will demoralise the cadre. People like Krishnamurthy, Dr Manmohan Singh, and Montek Singh Ahluwalia have left behind a legacy for others to emulate.

Even during Pandit Jawaharlal Nehru’s time, it was done very objectively. The present dispensation is bringing people with the wrong qualifications into the system. They will not be fit for the position and they will also despise the system.

Q: Karnataka’s governor has sanctioned a probe against CM Siddaramaiah in the MUDA scam. What’s your view?

A: Siddaramaiah hasn’t done anything wrong. What is the culpable offence committed by him as an administrator? He didn’t intend to do it with any motive. He has no role in it. This happened when he was not in power. It is a misplaced judgement by the governor. He should have refrained from abusing power. If any illegality has been done, it will be examined and decided upon by the judicial commission. Evidence before the governor is not available. His action smacks of a partisan attitude.

Q: Did Siddaramaiah do the right thing by challenging the governor’s sanction?

A: He acted as per the advice of his counsel. I don’t have anything to comment.

Q: After the Bangladesh episode, do you think India can witness similar chaos?

A: No, it can never happen in India. It’s impossible to even think of such things. India has a long history of successful democracy. Several elections have been held, we have already crossed 75 years of democracy. Our democratic fabric is robust and our fundamentals are very strong. I don’t think such things can happen here.

Q: Should the Congress support the demand for restoration of Article 370, as being demanded by local parties?

A: The scrapping of Article 370 hasn’t helped though it was a well-thought-out decision to integrate the territory, given the latter’s disputed status after Independence. The present government has acted irresponsibly on Article 370. If you want to revoke any Article, you should think about it multiple times. Pros and cons have to be considered, scrutinised and examined before reaching any conclusion.