The Union Cabinet approved the implementation of Seventh Pay Commission recommendations yesterday.  The Commission was tasked with reviewing and proposing changes to the pay, pension and efficiency of government employees. These recommendations will apply to 33 lakh central government employees, in addition to 14 lakh armed forces personnel and 52 lakh pensioners.  This will take effect from January 1, 2016. Number of Employees Pensioners                 Pay, Allowances and Pension of central government employees In relation to an employee, the Commission proposed to increase (i) the minimum salary to Rs 18,000 per month, and (ii) the maximum salary to Rs 2,50,000 per month. It also recommended moving away from the existing system of pay bands and grade pay, which is used to determine an employee’s salary.  Instead, it proposed a new pay matrix which will take into account the hierarchy of employees, and their pay progression during the course of employment.  The Commission also suggested that this matrix should be reviewed periodically, with a frequency of less than 10 years. The Pay Commission also suggested a linkage between performance and remuneration of an employee.  For this, it proposed the introduction of performance related pay which will be based on an annual appraisal of the employee.  In addition, it recommended that annual increments of an employee should be withheld, if he is unable to meet the benchmark required for regular promotion or career progression. The Commission also sought to abolish or merge some of the allowances that may be given to employees by various government departments.  It suggested that, of the 196 allowances that exist, 52 should be abolished and 36 should either be merged under existing heads, or be included under proposed allowances.  Some of these allowances involved payment of a meagre amount of close to Rs 100 per month. In addition, the rates of House Rent Allowance (HRA) were revised.  The Commission proposed a methodology to increase the HRA rates every time the Dearness Allowance given to employees increased to 50% or 100%.  Dearness Allowance is given to employees in lieu of increases in the cost of living, on account of inflation. The Commission had also proposed a new methodology for computing pension for pensioners who retired before January 1, 2016.  This is aimed at bringing parity between past and current pensioners.  As part of the new methodology, two options for calculation of pension have been prescribed, and the pensioner may opt for either one. Financial Impact on the government Table 7CPCThe implementation of the Seventh Pay Commission recommendations is expected to cost the government Rs 1,02,100 crore.  Of this amount, 72% will be borne by the central government, and 28% by the railways. As a result, the overall expenditure is expected to increase by 23.6%, with a 16% increase in expenses on pay, 63% in allowances and 24% in pension. Addressing the issue of vacancy VacancyAs of 2014, the central government had a job vacancy of 18.5%.[i]  These vacancies may need to be filled or abolished, if required, to reduce redundancy.[ii] It may be noted that the Second Administrative Reforms Commission had observed that reducing the number of government employees is necessary for modern and professional governance.  Further, it had expressed concern that the increasing expenditure on salaries of government employees may be at the cost of investment in priority areas such as infrastructure development and poverty alleviation.[iii] Inducting specialised personnel in the government The Second Administrative Reforms Commission had also observed that some senior positions in the central government require specific skill sets (including technical and administrative know-how).[iii] One way of developing these skill-sets is to recruit personnel directly into these departments so that they can over a period of time develop the required skills.  For example, personnel from the Central Engineering Service (Roads) may aspire and be qualified to hold senior positions in the Ministry of Road, Transport and Highways or a body like the National Highways Authority of India. However, another view is that special skill-sets may be inducted in the government through lateral entry of experts from outside government.  This will allow for widening of the pool of candidates and greater competition for these positions.[iii] The Second Administrative Reforms Commission had also recommended that senior positions in the government should be open to all services. The last Pay Commission’s recommendations, in 2008, led to an increased demand in the automobile, consumer products and real estate related sectors.  With the Seventh Pay Commission’s recommendations expected to take effect from January 1, 2016, their impact on the economy and the consumer market will become known in due course of time.     [i] Report of the Seventh Central Pay Commission, Ministry of Finance, 2015 http://finmin.nic.in/7cpc/7cpc_report_eng.pdf. [ii] “Union govt has 729,000 vacancies: report”, Live Mint, November 30, 2015, http://www.livemint.com/Home-Page/X6U6xFe5oR2pW4simMmAhK/Union-govt-has-729000-vacancies-report.html. [iii] 10th and 13th Reports of the Second Administrative Reforms Commission, 2008 and 2009.  

There are indications that the Lok Pal Bill, 2011 is likely to be taken up for consideration and passing during the current Winter session of Parliament.  The Bill was introduced on Aug 4, 2011 in the Lok Sabha after a prolonged agitation led by Anna Hazare (see PRS analysis of the Bill).  It was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (see PRS note on Committee Systems).  The Committee submitted its report on December 9, 2011.  The report includes 10 dissent notes from 17 MPs. (a)    Kirti Azad, Bal Apte, D.B. Chandre Gowda, Harin Pathak, Arjun Ram Meghwal, and Madhusudan Yadav. (b)   Ram Jethmalani (c)    Ram Vilas Paswan (d)   Shailendra Kumar (e)    Prasanta Kumar Majumdar (f)     Pinaki Misra (g)    A. Sampath (h)    S. Semmalai (i)      Meenakshi Natrajan, P.T. Thomas, and Deepa Dasmunshi (j)     Vijay Bahadur Singh Presently, the government and the Opposition are in the process of formulating their stands on various key issues such as inclusion of the Prime Minister, the lower bureaucracy and the role of the Central Investigation Bureau.  We provide a broad overview of the views of the members of the Committee on various key issues. Unanimity on issues On some issues, there was unanimity among the Committee members:

  • Constitutional status for Lokpal.
  • Immunity from prosecution for the MPs for any vote and speech in the House
  • Exclusion of judiciary from the ambit of the Lokpal.
  • Qualification of chairperson and Lok Pal members.
  • Selection process of Lok Pal members.
  • Lokpal should not have the powers to tap phones.

Dissent on issues Certain members of the Committee dissented on specific issues.  In Table 1, we list the issues and the reason for the dissent. Table 1: Recommendation of Standing Committee and dissent by individual MPs

Issues Standing Committee recommendations Points of dissent Dissenting MPs
Inclusion of Prime Minister Committee left the decision to Parliament stating that there are pros and cons to each view. -     PM should be included.  -     PM should be brought under the Lok Pal with some exceptions for national security, foreign policy, atomic energy etc. -     The decision to investigate or prosecute the PM should be taken by the Lok Pal with 3/4th majority. -  Prasanta Kumar Majumdar, A. Sampath.  -  Kirti Azad etc, Shailendra Kumar, Pinaki Misra.      
Grievance redressal mechanism Enact separate law for a grievance redressal mechanism. Include in the Lok Pal Bill. Kirti Azad etc, Ram Jethmalani, Shailendra Kumar.
Inclusion of bureaucracy Include Group B officers in addition to Group A. -     Include all groups of govt employees.  -     Include Group ‘C’. -     Do not include bureaucrats. -     Kirti Azad etc, A. Sampath.  -     Meenakshi Natrajan etc, Shailendra Kumar, Prasanta Kumar. Majumdar, Pinaki Misra, Vijay Bahadur Singh. -     Ram Vilas Paswan.
Lokayukta Single, central law to deal with Lok Pal and state Lokayuktas to ensure uniformity in prosecution of public servants. States should retain power to constitute Lokayuktas. -     S. Semmalai.
Private NGOs, media and corporate Include all entities with specified level of govt control or which receive specified amount of public donations or foreign donations above Rs 10 lakh. No private organsiations should be included. - Kirti Azad etc., Ram Vilas Paswan.
Composition of search and selection committees Selection Committee: In addition to PM and Speaker, it should include the Chief Justice of India, an eminent Indian unanimously nominated by the CAG, CEC and UPSC chairman and only Leader of Opposition of Lok Sabha.  Search Committee: Mandatory to constitute. Minimum 7 members with 50% members from SC/ST, OBC, minorities and women.   Selection Committee: PM, Minister, LoPs of both Houses, two judges and CVC. Search Committee: CJI, CAG, CEC, Cabinet Secretary, judges of Supreme Court and High Courts.  Selection Committee: PM, LoP in the Lok Sabha, one judge of SC and one Chief Justice of a HC, CVC, CEC and CAG. Search Committee: 10 members out of which 5 should be from civil society and 5 should be retired Chief Justice, CVC, CAG and CEC.  Half the members to be from SC/STs, OBCs, minorities or women. -  Kirti Azad etc.  -  Shailendra Kumar.
Removal of Lok Pal In addition to petitioning the President, a citizen should be allowed to approach the Supreme Court directly with a complaint.  If admitted, it would be heard by a 5 judge bench.  If President does not refer a citizen’s petition, he should give reasons. Investigation should be conducted by an independent complaint authority.  Heavy fines should be imposed in case of a false or frivolous complaint. Instead of the President, the Supreme Court should have power to suspend a member pending inquiry.    - Shailendra Kumar.
Role of CVC and CBI CVC should investigate Group C and D employees.  Instead of Lok Pal’s investigation wing, the CBI should investigate cases after inquiry by the Lok Pal.  CBI to have autonomy over its investigation.  Lok Pal shall exercise general supervision over CBI. CBI should be under the control of the Lok Pal.  The CBI Director should be appointed by the Lok Pal’s selection committee. The CVC should be under Lok Pal and the SVCs under the state Lokayuktas. -  Ram Jethmalani, Shailendra Kumar.  -  A. Sampath. -  Meenakshi Natrajan etc.
False and frivolous complaints Term of imprisonment should be maximum six months.  Amount of fine should not exceed Rs 25,000.  Specifically provide for complaints made in good faith in line with the Indian Penal Code. The term of imprisonment should not exceed 30 days. - Kirti Azad etc.
Article 311 Article 311 of the Constitution should be amended or replaced with a statute. The procedure adopted by the disciplinary authority should conform to Article 311. - Kirti Azad etc, Meenakshi Natrajan etc.   
Finance Lok Pal Bill states that all expenses of the Lok Pal shall be charged to the Consolidated Fund of India (no need for Lok Sabha clearance).  The Committee did not make any recommendation with regard to finances of the Lok Pal. Lok Pal’s expenses should be cleared by the Parliament.  Lok Pal should present its budget directly to Parliament rather than through a ministry. -  Kirti Azad etc.  -  Shailendra Kumar.
Sources: The Lok Pal Bill, 2011; the Department Related Standing Committee Report on the Lok Pal Bill, 2011 and PRS.