DOCTRINE OF POLITICAL NEUTRALITY

The Supreme Court (SC) has been scrutinizing constitutional posts in recent years, based on the Doctrine of Political Neutrality. With back-to-back judgments in November 2019 settling political crises in Maharashtra and Karnataka, the Supreme Court conveyed a strong message to high constitutional authorities who abandon their neutrality to favour party politics in States. The court has emphasized the need for authorities such as the Speaker and Governor to adhere to constitutional morals and not sway due to "prevailing political forces."


The doctrine of political neutrality: 

It's the foundation of any constitutional democracy. Being a "third" in a quarrel between others is what neutrality is all about. The claim of neutrality is a request to the belligerent parties to respect the neutral's decision and refrain from interfering in their conflict. Regardless of whether a political party is in power, neutrality means not being biased in delivering data, feedback, opinions, etc. to the political executive or conscientiously carrying out responsibilities mandated by the government.

Importance of the doctrine of political neutrality In the case of constitutional offices: 

  • Keeping the Constitutional Trust: A constitution entrusts the post of Speaker, Governor, and EC, among others, with the responsibility of ensuring their impartiality in their actions. 
  • Ensure political equality: The employment of broad constitutional powers by constitutional offices such as governors, speakers, CAGs, and election commissions is intended to follow "holy" political neutrality and fairness principles. o However, such practices are being eroded in Uttarakhand and Arunachal Pradesh, where Speakers in both assemblies have used their authority to dismiss MLAs under the Tenth Schedule to enable ruling parties to keep their flocks together.
  • Maintaining federalism: In India, the power balance favours the Union. The relevance of constitutional roles like Governor derives from the fact that he is the vital link within this federal framework in ensuring effective communication between the Center and the States.
  • In order to maintain continuity in governance and keep an eye on the executives, Constitutional positions such as Speakers and Governors, acting individually or in concert, have the power to steer the fate of state governments. The Governor's position is typically that of a neutral arbiter in conflicts settled informally within the many layers of government, as well as the conscience keeper of the community, as a figurehead who insures the continuation of governance in the State, especially in times of constitutional crises.
  • Free and fair elections: Elections are crucial to the quality of a country's governance and can either greatly advance or set back a country's long-term democratic development. For a fair election system and thus strengthening democracy: Elections are pivotal to the quality of a country's governance and can either greatly advance or set back a country's long-term democratic development. As a result, the EC's neutrality is extremely important and valuable.
  • To keep the economy afloat, take the following steps: The auditor and the employees he employs or engages for auditing and accounting work must meet high ethical standards due to the independence, authority, and obligations of constitutional offices like the CAG's. The CAG's general principles include independence from the legislative and the executive branch so that any government economic malfeasance or syphoning of public funds can be exposed. 

Code of conduct and rules relating to political neutrality: 

The Central Civil Services Conduct Rules of 1964 and the All India Services Conduct Rules of 1968 are two sets of rules that govern the conduct of civil servants in India. They include the following provisions to ensure that public workers are impartial:

  • Government personnel are prohibited from participating in politics.
  • They must not contribute to any political party's election fund or support. They have the right to vote. However, he must not reveal his choice to others.
  • They are not allowed to wear, drive, or live with any electoral emblems on their person, vehicle, or residence.
  • They must not participate in rallies, marches, or other public gatherings unless the government has permitted them. 

Challenges for political neutrality: 

  • Lack of independent institutions: Independent institutions for transferring, posting, and other service conditions are in short supply. As a result, civil servants side with one political party or the other in order to obtain their preferred postings and other benefits.
  • Secrecy: Official functioning is shrouded in secrecy, and as a result, a nexus forms between the political executive and civil workers to satisfy their illegitimate gratifications.
  • Rivalry inside and between services: There are distinct factions in each government service based on language, religion, caste, and geography. They would bend to politicians' wishes in order to get promotions and rewards for their group.
  • Political agendas that aren't legitimate: A misunderstanding of committed bureaucracy, in which government workers endeavour to carry out the political agenda of a certain political party.
  • Corruption and elections: Ministers require a large sum of money to fund election campaigns, hence a convenient subordinate is preferred. Many people dislike an officer who delivers candid and unfiltered advice. 

Conclusion: 

The notion of political neutrality, which compels the government to remain impartial on contentious issues, is an extension of the liberal principles of tolerance and freedom of expression. As a result, political neutrality imposes obligations not only on constitutional officials but also on the current government. Independent constitutional offices must be protected from political intrusion and should not be involved in political actions or arguments.


References: 

https://bhattandjoshiassociates.com/doctrine-of-political-neutrality/

https://www.thehindu.com/news/national/sc-verdicts-a-strong-message-to-constitutional-authorities-on-neutrality/article30125536.ece

https://iasscore.in/current-affairs/mains/non-partisanship-and-neutrality-are-key-attributes-of-civil-servants

https://chhattisgarh.pscnotes.com/polity-booster/neutrality-of-civil-services/#:~:text=Political%20neutrality%20is%20no%20longer,even%20in%20the%20Union%20Government.

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