Don’t Violate The Fundamental Postulates Of Public Administration
R.M.B. Senanayake
I refer to the dispute between the Chief Minister Mr. Wignesweran and the District Secretary. The latter has said that she is co-operating with the Chief Minister but that she has to act in accordance with the law. But she has not given instances where there have arisen such conflicts of law and the expressed wishes of the Chief Minister. But the Chief Minister cannot claim an exclusive right to appoint the District Secretary. The Administrative Officers Union has woken from their deep slumber and taken up her cause. But this is only one episode in the long politicization of the public service which began in 1956. But the 17th Amendment corrected the situation and the law was passed unanimously in Parliament. It set up Independent Commissions including an independent Public Service Commission to handle appointments, transfers and disciplinary control of the public service. But the 18th Amendment has done away with such independent commissions and the President has assumed total and exclusive powers vested with the independent commissions which were set up by the Constitutional Council. So we have lost the enforcement of the Rule of Law by the Police and the Attorney General’s Department and the independence of the Judiciary as well.
Decision-making in our public administration has been progressively politicized since 1956 but individual officials stood their ground against errant Ministers and even the President J.R Jayewardene (the late Cyril Herath was one such noble example). But with the Cabinet and the President assuming all powers over appointments and disciplinary control over the bureaucracy all decision making has become politicized. But as President Wilson pointed out in 1914 most decisions in public administration are technical and cannot be entrusted to elected Ministers or the President without undermining efficiency in the operations of the government. We are seeing it today in practically every field.
Public administration is for the good of society and not to enable those in power who were elected, to perpetuate themselves in power or to make money for themselves. Power is a trust and the elected Executives are only trustees required to act in the public interest and not in their personal or political interest
