New Delhi: A circular issued by the new BJP government in West Bengal has triggered a controversy, with the Opposition accusing it of gagging government officials from speaking to the media.
The circular, dated 19 May, titled, ‘Dissemination of Information by any member of the All India Service, West Bengal Civil Service, West Bengal Police Service and other employees working under the Government of West Bengal’ orders a complete prohibition “without any government order, on any direct or indirect communication of any document or information with the press by the members of the services”.
It places a complete bar on officials participating in any sponsored or privately produced media programme, without prior sanction, or sharing any document or information with the press, without any government order.
It has been signed by the chief secretary to the state government and applies to all employees of the state government, employees of autonomous bodies, boards, corporations, undertakings and educational institutions which are funded wholly or substantially by the state government and members of the all India services engaged in connection with affairs of the state.
The circular says it is only reiterating the rules under the All India Services (Conduct) Rules, 1968, West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980, and the West Bengal Government Servants’ Conduct Rules, 1959.
In a statement, the Internet Freedom Foundation asserts that the circular places “sweeping restrictions” on the freedom of speech and expression of West Bengal State Employees by imposing “blanket restrictions” on them.
“While the circular presents itself as a reiteration of existing service rules which already contain safeguards, it effectively goes beyond them,” it says, adding that such prohibitions raise “serious constitutional concerns”.
Trinamool Congress leader Abhishek Banerjee has also alleged that the phrase complete prohibition “echoes through this circular like a warning—not to protect governance, but to enforce silence upon Govt employees across Bengal”.
“Under @BJP4India’s remote-controlled governance, SILENCE IS NOW AN ADMINISTRATIVE REQUIREMENT. This shocking circular is not about discipline, it is about CURTAILING FREE EXPRESSION and SYSTEMATICALLY CHOKING FUNDAMENTAL RIGHTS to ensure absolute obedience to the masters sitting in Delhi,” Banerjee said in a post on X.
What do the rules and laws say on such prohibition, have other states issued similar orders, and how do experts look at this circular? ThePrint explains.
What does the circular say
The circular prescribes “complete prohibition, except with prior sanction” on any member of the services participating in or associating with any sponsored or privately produced media programme or any media programme sponsored by the government of India but produced by an outside agency.
It also prescribes “complete prohibition without any government order on any direct or indirect communication of any document or information with the press by members of the services”.
Members of the services have also been barred from contribution in editing or management of any newspaper, periodical or any other publication, without prior government sanction. They’re also not allowed to participate in any radio broadcast or write any article or letter for any newspaper or periodical, without prior sanction.
Additionally, the circular places an absolute ban on officials from indulging in any “adverse criticism of any policy or decision of the central or the state government”, by any publication, interaction, utterance, publication, broadcast, or contribution in any media. They cannot participate in any media interaction “which can lead to straining of relations of the state government with the central government or any state government/s or between central government and government of any foreign state/s”.
What do the rules say
The circular portrays the prohibition as a “reiteration” of the rules cited by it. However, the circular’s prohibitions seem to go beyond what the cited rules say.
For instance, among other things, the circular cites Rules 6,7, and 13(1) (f)(i)(ii)(iii) of the All India Services Conduct Rules, 1968.
Rule 6 says that previous sanction of the government shall not be required when a member of the service publishes a book or participates in public media “in the bona fide discharge of his duties or otherwise”. The rules only require the official to always make it clear that the views expressed are his own and not those of the government.
Rule 7 bars members of the service from adversely criticising any current or recent policy or action of the central or a state government, in any radio broadcast or communication or public media, or any communication. It also bars them from making any statement “which is capable of embarrassing the relations between the central government and any state government, or the relations between the central government and any foreign state’s government”.
Rule 13(1)(f) bars members of the service from participating in any sponsored media, or a media programme commissioned by the central government but produced by an outside agency, or a privately produced radio or television or other media programme, without previous government sanction.
The circular also cites “Rules 4(4) (5) and 5(7)” of West Bengal Service (Duties, Rights and Obligations of the Government Employees) Rules 1980.
Rule 4(4) allows government employees to participate in a radio or television programme, with prior intimation of the government. However, they cannot say anything that incites communal and/or parochial feelings, or goes against the unity and integrity of the country. Rule 4(5) allows government officials to contribute any literary or scientific writing or write any letter to any newspaper or periodical, subject to Rule 4(4).
However, clause 3 of the circular places a “complete prohibition”, without prior sanction of the government” on “any contribution in editing or managing any newspaper, periodical or any other publication and on any participation in any radio broadcast or writing of an article or letter for any newspaper or periodical by any member of the services”.
Rule 5(7) says that no government employee shall share any “secret document or information” with the press, without any general or special orders of the government.
‘Literary, artistic, scientific’
The existing rules carve out certain other exceptions as well.
For instance, the circular also cites Rules 23, 24, 25 & 33 of the West Bengal Government Servants’ Conduct Rules, 1959.
Rule 23 says that no government employee shall share with the press any document or information which has come into his possession in the course of his public duties or from official sources, except in accordance with any general or special government order, or in good faith performance of her duties.
Rule 24 prohibits any media discussion or comment that adversely criticises any current or recent policy or action of the central or a state government, or that is capable of embarrassing the relations of the government with the central government or any other government, or between the government and the government of a foreign state.
However, this rule also doesn’t apply to statements made or views expressed by a government employee in his official capacity or in due performance of his duties.
Rule 25 says that no government official, without a government sanction, can participate in the editing or managing of a newspaper or participate in a radio broadcast, or contribute any article or letter to any newspaper or periodical.
However, this Rule says that no such sanction shall be required if such broadcast or such contribution is of purely literary, artistic or scientific character, and does not contain any matter which a government employee is forbidden to disclose. The West Bengal circular does not carve out any such exception.
Notes added to this rule say that a government employee who has been asked to deliver a broadcast talk shall also report the subject of his talk to the administrative department of the government under which he is employed. If the talk is directly or indirectly connected with his official work, he has to submit the full text of the talk to the administrative department as well.
‘Babudom’
The rules and the intention behind them has come under harsh criticism by experts.
Former IPS officer and security secretary Yashovardhan Jha Azad told ThePrint: “This is nothing but babudom.”
“I think it’s complete bureaucratisation, and the babus will love it!” he said. “How can you not allow the police commissioner or the deputy commissioner or a forest official to talk to correspondents about information, after all people need information. Will they get it from the secretariat?” he asked.
Azad acknowledges that government officials are not permitted to criticise the government under the conduct rules. “But banning government officers from giving even basic information is rubbish. Those people who are in field posting, it is mandated upon them to answer to the public. Officials have to come before the people to talk about important crimes, or important developments or important projects,” he asserts, adding, “If there is an SP of a district, how can they not talk? There is a district education officer, he cannot talk about his schools. There is a district medical officer, he cannot talk about his hospitals.”
Certain restrictions and prohibitions exist currently in the conduct rules, former Secretary General of Lok Sabha P. D. T. Achary told ThePrint, saying that the West Bengal government has reiterated already existing rules.
However, he questions this reiteration of just the rules restricting interaction with the media, saying, “The government has now put out this circular, highlighting these rules, but I don’t understand the purpose of this circular.”
“Maybe they want to frighten government employees, because these rules are there, but still government officials used to publish articles and speak to the media. The government now wants to put a complete end to this,” he added.
‘Ultra vires’
The IFF statement also refers to a 1962 Supreme Court judgment. The court had, in Kameshwar Prasad and Ors. v. the State of Bihar and Anr., observed that “By the mere fact that a person enters government service, he does not cease to be “a citizen of India”, nor does that disentitle him to claim the freedoms guaranteed to every citizen”.
The organisation has, therefore, called on the state government to “review the circular as it is ultra vires the existing rules and ensure that any restriction on the freedom of speech and expression of West Bengal State Employees is aligned with the existing safeguards under the rules.”
(Edited by Viny Mishra)
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