Decision Making & Problem Solving: Law, integrity and pressure

India faces a challenging immediate future in energy and climate policy-making. The problems are multiple : sputtering fossil fuel production capabilities; limited access to electricity and modern cooking fuel for the poorest; rising fuel imports in an unstable global energy context; continued electricity pricing and governance challenges leading to its costly deficits or surplus supply; and not least, growing environmental contestation around land, water and air. But all is not bleak: growing energy efficiency programmes; integrated urbanisation and transport policy discussions; inroads to enhancing energy access and security; and bold renewable energy initiatives, even if not fully conceptualised, suggest the promise of transformation.

Although most of the Genetically Modified (GM) crops cultivated now are genetically engineered for a single trait, in future, crops genetically engineered for more than one trait will be the norm. Thus, biotechnology’s role in agriculture and the regulation of the same cannot be understood solely in the context of the current generation of GM crops. Instead, there is a need to take a comprehensive look, taking into account various aspects, including socio-economic impacts, so that the potential of the technology can be harnessed while minimizing negative impacts. Given the importance of biotechnology in developing varieties that can help in climate change mitigation and adaptation, not using biotechnology as a part of the climate change action plan cannot be an option. Domestic regulation of biotechnology cannot be viewed in isolation of trade policy and obligations under various international treaties and conventions.

Accountability, or the lack of it, in governance generally, and civil services, in particular, is a major factor underlying the deficiencies in governance and public administration. Designing an effective framework for accountability has been a key element of the reform agenda. A fundamental issue is whether civil services should be accountable to the political executive of the day or to society at large. In other words, how should internal and external accountability be reconciled ? Internal accountability is sought to be achieved by internal performance monitoring, official supervision by bodies like the Central Vigilance Commission and Comptroller and Auditor General, and judicial review of executive decisions. Articles 311 and 312 of the Indian Constitution provide job security and safeguards to the civil services, especially the All India Services. The framers of the Constitution had envisaged that provision of these safeguards would result in a civil service that is not totally subservient to the political executive but will have the strength to function in larger public interest. The need to balance internal and external accountability is thus built into the Constitution. The issue is where to draw the line. Over the years, the emphasis seems to have tilted in favour of greater internal accountability of the civil services to the political leaders of the day who in turn are expected to be externally accountable to the society at large through the election process. This system for seeking accountability to society has not worked out, and has led to several adverse consequences for governance.
Some special measures can be considered for improving accountability in civil services. Provisions of articles 311 and 312 should be reviewed and laws and regulations framed to ensure external accountability of civil services. The proposed Civil Services Bill seeks to address some of these requirements. The respective roles of professional civil services and the political executive should be defined so that professional managerial functions and management of civil services are depoliticized. For this purpose, effective statutory civil service boards should be created at the centre and in the states. Decentralization and devolution of authority to bring government and decision making closer to the people also helps to enhance accountability.