Regulations and Realities: Towards a Functional Bureaucracy

All UPSC aspirants who prepare in Delhi are familiar with the bylanes of old Rajinder Nagar. It broke many hearts when three aspirants drowned at a coaching centre there. It was difficult to grasp that someone could drown in the heart of Delhi simply because a coaching centre was operating a basement library. Those familiar with Delhi would know that using basements for different purposes is quite common. If I recall correctly, my classes were also held in the basement of the most famous coaching centre in Rajinder Nagar.

There has been a lot of anger and numerous analyses of this incident. It is known that the centre did not have permission to use the basement in this manner, but it took a tragedy to bring this to light. It also became evident that we do not have a functioning water drainage system in the capital of India. The aftermath has been severe, with sealings and bulldozers, and the police arresting multiple people for not following norms. A couple of government servants also lost their jobs.

What pains me as a former bureaucrat is that we all know the problem, but we always end up treating the symptoms rather than finding the cure. Let us begin with the urban authority tasked with issuing permissions. We are good at formulating perfect regulations, and accordingly, permission was issued to use the basement only in a particular manner. But after that, there is no mechanism to ensure compliance.

After working for so long in the government sector, I was surprised to discover the concept of Key Performance Indicators (KPIs). In the private sector, I felt there was less control but more accountability due to the presence of fixed KPIs. In the government, one must make ten declarations before buying property or travelling abroad, but there is almost no accountability for job performance. At the end of the year, are urban officials evaluated based on how well regulations were enforced? There is no reward for excellent work and no punishment for doing nothing. When was the last time an outstanding government servant was promoted out of turn or a non-performer dismissed? The large public machinery ultimately maintains the status quo, ensuring that those in power do not face inconvenience.

This also brings up the issue of regulations. Any rule or guideline enforced must be commensurate with the government's ability to monitor it. What we end up with are first-world guidelines but third-world implementation mechanisms. Any restriction or guideline should only be formulated if there is a mechanism for its enforcement. Without this system in place, it facilitates rent-seeking under the ‘show me the man, I will show you the rule’ mandate.

Any regulation should incentivize positive behaviour and penalise those who do not comply. In our zeal to create rules, we often make life difficult for those who follow them. The government provides hope, but what matters is the ability of people to govern themselves. There is a cost associated with any regulation, and no government can afford an army of inspectors. While the establishment must enforce rules and punish wrongdoers, responsibility also lies with the citizens to abide by regulations.

In the end, I believe that people get the government they deserve. If people seek accountability from the bureaucracy and its officials, elected representatives will ensure it. If the political debate remains stuck in a caste/region/religion quagmire, politicians who win will never bring government machinery to the task. There is a lack of service delivery mindset many government officials still carry the colonial hangover of dispensing favours. I believe that some of the brightest minds enter the government system, but over time, the system tends to wear them down.??

Government jobs in India has often been considered an employment-providing enterprise rather than a mechanism to ensure service delivery. Countries in the developed West have been able to reform their bureaucracies and make them more responsive. In India, we are still far from that, and it is laissez-faire for all. The optimist in me believes change is inevitable, but what matters is when people will demand it!

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