The Constitutional Conduct Group, has put on record its concern at the recent amendments, to the All India Services (Death cum Retirement Benefits) Rules 1958, by the Ministry of Personnel, Public Grievances and Pensioners.

These amendments seek “a complete ban on the right of retired civil servants to comment on public matters, by threatening them with the withdrawal of their pensions”. According to the CCG, which is a collective of former civil servants, this “would be violative of Article 51A of the Constitution which enjoins upon all citizens to “cherish and follow the noble ideals that inspired the national struggle for freedom.”

CCG said that the “right to criticise the government in power is part of these ideals and cannot be termed as ‘misconduct’” . According to the rule the pension could be withheld or withdrawn, in part or in full, “if the pensioner is convicted of a serious crime or is held to be guilty of grave misconduct”.

However, the CCG said that “such action could only be taken by the union government on a reference from the state government (the cadre to which the officer belonged). But now, Rule 3 has been amended to provide that such punitive action can be taken by the union government “either on a reference from the state government concerned or otherwise.”

The statement further said that this “violates the principles of federalism and confers draconian powers of oversight and overrule on the union government which is not in conformity with the duality of control envisaged in the All India Services structure. It will further expose officers in opposition ruled states to intimidation by the party in power at the centre”.

The CCG has asked the government to review this proposal and “hold in abeyance these amendments in the interests of federalism, fair play, equality of citizens, freedom of expression and a vibrant democracy.”

Constitutional Conduct Group’s complete statement signed by 94 former civil servants may be read here:

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CONSTITUTIONAL CONDUCT GROUP