8.2.4. Supreme Court’s Ruling on Fixed Tenure for Bureaucrats

To insulate the bureaucracy from political interference and to put an end to frequent transfers of civil servants by political bosses, the Supreme Court in October, 2013 directed the Centre and

the States to set up a Civil Services Board (CSB) for the management of transfers, postings, inquiries, process of promotion, reward, punishment and disciplinary matters. A Bench also said that the bureaucrats should not act on verbal orders given by politicians and suggested a fixed tenure for them.

The Bench asked the Parliament to enact a Civil Services Act under Article 309 of the Constitution, setting up a CSB, “which can guide and advise the political executive transfer and postings, disciplinary action, etc.” The Bench directed the Centre, State governments and the Union Territories to constitute such Boards “within three months, if not already constituted, till the Parliament brings in a proper legislation in setting up CSB.”

The decision clearly encroached the legislative domain of the Parliament.