J.Triple chain of accountability: Civil Servants in a Cabinet Form of Government
97. Before discussing the question regarding the applicability of Part XIV to NCTD, it would be appropriate to discuss the principles which will guide our analysis on Part XIV. A discussion on the role of civil services in a Westminsterstyle Cabinet Form of Government is necessary to understand the issues at stake.
(a)Role of civil services in a modern government
98. Civil services form an integral part of modern government. Professor Herman Finer, in his classic work titled “The Theory and Practice of Modern Governance”, states that “the function of civil service in the modern state is not merely an improvement of government; for without it, indeed, government itself would be necessarily impossible.”[1] The efficacy of the State and the system of responsible government to a large part depend upon professionals, who embody the institution of a competent and independent civil service.
99. The policies of the government are implemented not by the people, Parliament, the Cabinet, or even individual ministers, but by civil service officers Elaborating on the indispensable position of civil services in a parliamentarysystem of government, DD Basu in his commentary on the Constitution of India states:
“A notable feature of the Parliamentary system of government is that while the policy of the administration is determined and laid down by ministers responsible to the Legislature, the policy is carried out and the administration of the country
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- ↑ Herman Finer, The Theory and Practice of Modern Governance (New York: The Dial Press, 1932) at page 1163
