Why is the government scared of ex-bureaucrats’ writing books, articles?

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The Constitutional Conduct Group (CCG) is a collective of 92 former civil servants, all subject experts who retired at senior positions. They often issue sharp statements and analysis on current affairs, especially on issues concerning human rights. These former IPS, IAS officers bravely voice their concerns about events as they unfold.

An example is this statement they issued on the farmers’ protest that is still holding strong on Delhi borders. They demanded withdrawal of cases against farmers, social media users and journalists, and asked that the vicious and sickening propaganda of calling farmers “Khalistanis,” to create a conducive atmosphere for resumption of talks be stopped. They advised the Government of India to “withdraw the three laws and think of other possible solutions, given the basic Constitutional position that the subject of agriculture is in the States’ list.”

Their missives, and that of other retired civil servants, who continue commenting on, writing about policy and politics seem to have rankled those in power. The Government has made an official move to curb their voice too by notifying an amendment to the Central Civil Services (Pension) Rules 1972 that “prohibits” them from making media statements, publishing books, articles, opinions and letters on subjects that fall within the “domain” of the organisations they are writing about without prior clearance. This amendment in Rule 8: ‘Pension subject to future good conduct’. Any pensioner seen in “violation” of the latest amendment can have their pension docked.

The gazette notification issued on May 31, 2021 by the Ministry of Personnel, Public Grievances and Pensions, headed by Prime Minister Narendra Modi states: “No Government servant, who, having worked in any Intelligence or Security-related organisation included in the Second Schedule of the Right to Information Act, 2005 (22 of 2005), shall, without prior clearance from the Head of the Organisation, make any publication after retirement, of any material relating to and including:

(i) domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation;

(ii) sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, or relation with a foreign State or which would lead to incitement of an offence.“ It adds that “The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive, and whether it falls in the domain of the organization.”

There is also a declaration form where the retired Government Servant has to make this declaration: “I am aware that the pension which may be granted to me after retirement, in terms of the relevant pension rules, can be withheld or withdrawn, in full or part, for any failure of this undertaking given.”

The Gazette notification may be accessed here: https://egazette.nic.in/WriteReadData/2021/227308.pdf

The 18 organisations covered by the new rule, reported The Wire, include: the Intelligence Bureau, the Research and Analysis Wing of the Cabinet Secretariat, the Directorate of Revenue Intelligence, the Central Economic Intelligence Bureau, the Enforcement Directorate, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guards, Assam Rifles, Special Service Bureau, Special Branch (CID) of the Andaman and Nicobar islands, Crime Branch-C.I.D.-CB of Dadra and Nagar Haveli and the Special Branch, Lakshadweep Police.

Now, none of the offices who have ever served in the above listed departments can only write news reports or opinions or comments on the subjects that they are experts on, after getting written permission from the concerned department.

This comes close on the heels of the former West Bengal Chief Secretary Alapan Bandyopadhyay retiring and being appointed Chief Adviser to Chief Minister Mamata Banerjee. Bandyopadhyay was issued notice under the Disaster Management Act, and the Centre asked him to explain in writing by Thursday as to why action should not be initiated against him for failing to attend a Cyclone Yaas review meeting presided over by Prime Minister Narendra Modi in Kalaikunda. Meanwhile the hashtag ‘ModiAgainst_IAS_IPS’ has continued to trend for two days with social media users expressing support towards Bandyopadhyay and other former civil servants.

He is for the Direct Entry of his favourite people for completely destroying the well laid #System #ModiAgainst_IAS_IPS
— Wg Cdr Anuma Acharya (Retd) (@AnumaVidisha) June 2, 2021