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by M. C. M. Iqbal, Retired ,SLAS Officer

That Sri Lanka is burdened with one of the largest public services in Asia is now a well-known fact. Therefore, the reforms proposed by various writers to your newspaper are of critical importance. The last attempt at such reform following the Report of the Administrative Reform Committee headed by Mr. Shelton Wanasinghe recommended a 'lean public service with a fat salary.' Public Administration Circular No. 44 of 1990 which enabled early retirement of public officers in a bid to reduce their numbers resulted in a large number of capable and competent public officers retiring from the public sector and joining the private sector.

This led to a further deterioration of the public service. It is, therefor, hoped that on the next attempt to rid the service of redundant staff, a properly devised voluntary retirement scheme would be implemented followed by a better wage structure and the provision of necessary resources to motivate those remaining in service to perform better. One common factor in most of the articles published is the canker of political interference that has eaten into the once efficient public service and reduced it to a despicable state.

Many are looking forward hopefully to the establishment of the much delayed Independent Public Service Commission under the 17th Amendment, to restore the public service to its pristine glory of the pre-independence days. However, closer scrutiny of the provisions relating to the public service in the 17th Amendment shows several anomalies.

Article 55(1) of the Constitution now reads as follows: "The appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the Commission." While on the face of this provision it would appear that the expectation of an independent Public Service Commission has become a reality, Article 55 (3) still retains the powers of the Cabinet of Ministers. Article 55(3) reads as follows.

Notwithstanding the provisions of paragraph 1 of this Article, the appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Departments shall vest in the Cabinet of Ministers, who shall exercise such powers after ascertaining the views of the Commission.

This provision does give the impression that what was given with the right hand had been taken away with the left hand. What is the use of having an independent public service commission if it cannot exercise control over Heads of Departments and protect them from political maneuvers? In other words, despite the provisions of Article 55(1), it would seem that the public service would continue to be the pawns of politicians.

If the words "with the concurrence of the Commission" had been used in Article 55 (3) instead, this provision would have been of some significance.

The Provincial Councils Act No. 42 of 1987 took away a large slice of the public service from the hands of the central government and placed it in the hands of provincial politicians. Article 55(2) of the 17th Amendment has re-iterated it. Although this is in keeping with the devolution of powers under the 13th Amendment to the Constitution it could have made provision for an independent Provincial Public Service Commission rather than place the provincial public service in the hands of a Provincial Public Service Commission which is an arm of the Provincial Governor who invariably is a partisan individual, being the representative of the President in the Province.

However, the true implications of the 17th amendment are yet to be seen and time will tell us whether we were successful in achieving an independent public service commission. If the political will is there to do so, then discrepancies in the law would not be a problem.

Civil society institutions also have a role to play in this regard and should get actively involved in the reform of the public service and bring malpractices to the attention of those in authority and particularly, the judiciary when necessary. If the public service in Sri Lanka is to serve the purpose for which it was created, a more sincere and greater effort has to be made to rescue it from its present state. As was pointed out earlier, one of the principal reasons for the state of the public service is incessant political interference.

Besides this, the lack of proper training, dedication, attitudinal orientation, absence of adequate motivation and, last but not least, inadequate remuneration, are contributory factors. Promotions in the public service need to be linked to their performance in the various posts they held in the service and not just to their seniority.

A flawless performance evaluation system has to be evolved by the proposed Public Service Commission. Recommendations from politicians should have no weight at all either for promotions or transfers. Instances of misconduct should be dealt with swiftly and effectively by initiating prompt disciplinary proceedings. Politicians should be debarred from interfering in disciplinary proceedings.

A record of the skills and noteworthy performances of members of the public service, be it as administrators, disaster managers, engineers, medical personnel, surveyors, accountants, or even clerks and other grades of employees, must be taken note of. The recognition of merit in the performance of one's duties could motivate persons to excel in their respective fields.

Together with these changes, it is also necessary that the salaries of public officers be made more attractive. They should be adequately protected from the effects of inflation. Often the lower rung of the public service is prone to indulge in corrupt practices to make ends meet whilst those at the top indulge in it as an easy means of self-aggrandizement. The wage structure needs to be made attractive enough to draw in high quality personnel. The possibility of extending the age of retirement to enable the services of capable public officers to be availed of by the State should be considered. This needs special consideration in view of the increase in the ageing population in Sri Lanka.

As part of the reform of the public service, voluntary retirement schemes, pension reform and treatment of government and private employees need to be considered. Public sector reform through institutional strengthening and good governance is one of the terms of the agreement between Sri Lanka and the International Monetary Fund.

The duplication of government institutions in the centre and at the provinces consequent to the 13th Amendment to the Constitution, must be avoided. Therefore, there is an urgent need to rationalize and close down many such institutions pertaining to developed subjects. What the 13th Amendment sought to do was to devolve and not to duplicate. The proliferation of ministers has also led to a series of negative outcomes such as splintering of sectoral responsibilities and development concerns, not to mention the huge drain on resources.

Nonetheless, whatever steps one may take to improve the public service, good governance would become a reality only if we have good governors as well as a vibrant civil society both of whom must take the blame for the present state of the service. Whether the present set of governors and the civil society of today will make it a reality is to be seen.

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