Tariq Mahmood Awan
Pakistani institutions are all about colonialism. It is whether legislature, executive or judiciary, all are structurally, administratively and culturally colonial. Critics believe the first step Pakistan should have taken was to decolonize the institutions after the inception. However, it could not be done. Then, the civil service is the permanent part of the executive and the implementing machine of the legislature, political executive and judiciary, therefore, the most powerful institution in Pakistan. Accordingly, its decolonization is critical for federalism, devolution, specialization, and constitutionalism.
Primarily, the inheritance of institutional colonialism in Pakistan refers to how the British colonial rule shaped India’s political, administrative, educational, and cultural structures and practices of the country. The fundamental colonization process began with the employment of the English language as the official language and the medium of instruction in all governmental branches established in India. Then, adopting the Westminster model of parliamentary democracy and the common law system shaped it further. Furthermore, the continuation of the British-established civil service system established the sway of colonialism in India. Hence, the centralized civil service fulfilled the colonial objectives of the British Raj in occupied India.
The colonization debate in Pakistan is always contested, and there are arguments in favour and against. Some scholars have argued that the colonial legacy has negatively impacted Pakistan’s development, democracy, and social cohesion. They have pointed out that the colonial institutions and policies have created a gap between the elites and the masses and reinforced class, ethnic, and religious divisions. They further argue it has undermined the indigenous traditions, languages, and cultures and fostered a sense of inferiority and dependence. Furthermore, it needs to address the diverse population’s needs and aspirations and generate discontent and conflict. Then colonization legacy is against federalism, constitutionalism, devolution and public empowerment.
However, some scholars have also suggested that the colonial legacy is not fixed or deterministic and that it can be challenged, modified, or appropriated by different actors in different contexts. They emphasize that the colonial institutions and policies were not monolithic or homogeneous but varied across time and space and were influenced by local factors. The colonial rule was not accepted passively or uniformly but resisted and negotiated by various groups and movements. The post-colonial state and society have not reproduced the colonial structures and practices uncritically but have transformed them through political struggles and cultural innovations. They argue that by reforming the colonial institutions, better outcomes can be achieved. They argue that functional aspects of colonialism should be maintained. Then, both the divergent groups believe in varying degrees that the decolonization of civil service is the most critical part of the decolonization process in Pakistan.
Decolonization of civil services refers to the process of transforming the institutions, policies, and practices of public administration that have been shaped by colonialism and its legacy. It involves challenging the assumptions, values, and norms that underpin the dominant colonial model of civil service and adopting alternative approaches that are more responsive to the needs, aspirations, and cultures of diverse populations. Pakistan is a federal republic with a parliamentary form of governance; therefore, decolonization of civil services in line with the scheme of the constitution is critical. Decolonization of civil services is essential for several reasons. It can enhance the legitimacy, accountability, and effectiveness of public administration by ensuring that it reflects the diversity and interests of the people it serves. It can foster social justice, human rights, and reconciliation by addressing the historical and contemporary injustices and inequalities that have resulted from colonialism and its aftermath. It can also promote innovation, creativity, and learning by drawing on the rich and varied knowledge, experiences, and perspectives of different communities and groups.
What is Civil Service? Civil service is the body of government officials employed in civil occupations that are neither political nor judicial. In most countries, the term refers to employees selected and promoted based on a merit and seniority system, which may include recruitment, training, posting, transfer, promotion, appointment, retirement, pension and other terms and conditions of services.
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Historically, the East India Company homogenized a patronage system about the nomination of civil servants strictly within the elite club, thus barring a competitive process into the induction of civil service in India. The Government of India Act 1853 substituted the nomination system with an open competitive examination to recruit civil servants. Progressively, the Government of India Act 1858 afforded that India shall be governed by and in the name of Her Majesty. Consequently, this authorized the secretary of state for India to make regulations for the admission of candidates to the civil service of India. Accordingly, the civil service became competitive and accountable to the British Parliament. The Raj reserved the civil service of India only for Britishers; however, consequentially, the Raj incorporated the local Indians identified with the Britishers into the Indian civil service through a competitive examination.
Pakistan came into being through the legal instrument of the Indian Independence Act 1947, and section 10 of the Act ibid abolished the services of the secretary of state for India. Section 10 of the act ibid made it clear that no provision of the Indian Act of 1935 relating to the appointment of the civil services and civil posts under the Crown in India by the secretary state relating to the reservation of posts shall remain enforceable. Pakistan acquired 82 Indian Civil Service Officers. Then, Pakistan Administrative Service PAS adopted all these Indian civil Servants who later became the most potent bureaucrats in the history of Pakistan.
The government of Pakistan published a resolution vide No. F.25/4/50-EST (SEI) dated 8th November 1950 to notify its intention to create the civil service of Pakistan consisting of posts on the cadre of the former Indian Civil Service in the various provinces and on the cadre of the former Indian Political service and most of the higher posts in the central secretariat. However, the lawful authority did not substantiate the intent and authority to create civil service of Pakistan CSP. Then, the government of Pakistan, through a notification of the Establishment Division bearing No. F.25/12/51-SEI, dated 01.06.1954, issued the Civil Service of Pakistan ( Composition & Cadre) rules, 1954 to constitute a service of the federation to be known as the Civil Service of Pakistan CSP to be raised on certain posts connected with the affairs of provinces and federation. The powerful colonial bureaucrats at the helm of affairs inserted the same colonial scheme of reservation of posts into the cadre schedule of the Civil Service of Pakistan.
Thus, Pakistan adopted the colonial scheme of reservation of posts and continued the legacy of colonization. Reservation of posts means to reserve the federal, provincial and local government posts for a centralized general cadre service in order to control the various federal, provincial and local governments. For example, in Pakistan, the present colonial Pakistan Administrative Service PAS maintains the general cadre of federal, provincial and local government posts. It is a classic example of colonization of federal, provincial and local governments. Furthermore, the scheme is anti-federal, democratic and structural. In simple words, the Federal Establishment Division appoints chief secretaries and inspectors general of police in provinces and controls their affairs. Is it not colonization of the provinces in a federal parliamentary system of governance? These federal chief secretaries and IGs make the provincial chief ministers and cabinet irrelevant who otherwise represent the public of the provinces in their own allotted domain as per Schedule IV of the constitution of Pakistan.
The civil service in Pakistan maintains its colonial legacy on two fundamental structures. One is the reservation of posts and creating a general cadre, and the other is the holding of provincial posts for the schedules of federal services. This colonial legacy must be removed and reformed as per the constitution of Pakistan. How can the 1954 rules of CSP, made on the colonial scheme of reserving posts under the All India Act 1915, be enforceable even after the passing of the 18th Amendment?
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Decolonization of civil services has been the biggest challenge in Pakistan due to the powerful position of bureaucracy in Pakistan. However, decolonization of civil services can be achieved through various means, such as recognizing and respecting the rights, identities, and cultures of Indigenous peoples and other marginalized groups in public administration by implementing federalism, devolution, constitution and specialization.
Engaging in meaningful dialogue, consultation, and collaboration with diverse stakeholders in policy-making and service delivery is critical to decolonizing the civil services in Pakistan. Developing and implementing policies and programs that are culturally appropriate, inclusive, and responsive to the specific needs and contexts of different populations is vital. The specialization of civil services at federal, provincial and local levels will definitely decolonize the civil services, which even presently are centralized and generalist. The civil services in Pakistan should be developed on public delivery systems, and there is a need to regulate the perks, privileges and culture of civil services. Supporting the participation, representation, and leadership of common peoples and other marginalized groups in civil service at all levels is the way forward. Providing education and training for civil servants on the history and impacts of colonialism, as well as on the principles and practices of decolonization, is significant. The decolonization of civil services means the upholding the public interest over all other elite interests.
Lastly, implementing the constitution is the best process to decolonize the civil services in Pakistan. Therefore, implementing articles 240, 241 and 242 is crucial for the decolonization of civil services in Pakistan. My comprehensive article ” Five Rules to Reform Civil Services” is available at republicpolicy.com
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