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38.We accept the thesis that in a self-governing country the public service must be solely under the authority of the government of that country and that there can be no question of any external control. In these circumstances, we wish to place on record certain principles which we consider should guide any government in exercising control of its public service.

39.An efficient and contented public service is an essential foundation of good government. This may be said to apply at all stages of constitutional development and it is of particular importance during a time of rapid political change. Ministers must be able to rely on receiving informed and impartial advice from experienced officials before reaching policy decisions. They must equally be able to rely on their officials to see that their policy decisions, once taken, are carried out with loyalty, speed and efficiency.

40.The first essential for ensuring an efficient administration is that the political impartiality of the public service should be recognised and safe-guarded. Experience has shown that this is best secured by recognising the service as a corporate body owing its allegiance to the Head of State and so retaining its continuous existence irrespective of changes in the political complexion of the government of the day. The public service is necessarily and rightly subject to ministerial direction and control in the determination and execution of government policy, but in order to do their job effectively public servants must feel free to tender advice to Ministers, with out fear or favour, according to their conscience and to their view of the merits of a case. Whether or not that advice is taken is entirely for Ministers to decide but, once decisions have been taken, it is the undoubted duty of the public servant to give his prompt and wholehearted co-operation in carrying them out. The essential role of the public service would be gravely impaired if its members had any cause to feel that their personal position or prospects might be affected as a result of the advice which they felt it their duty to give. In order to discharge their role effectively, public servants should know that their service conditions and prospects are not subject to political or personal influence of any kind. This is not least in the interests of Ministers and politicians themselves.

41.A public service is rightly regarded as a profession holding out prospects of a career covering the working life of its members. One of the most essential ingredients of a contented and efficient service is that promotions policy should be regulated in accordance with publicly recognised professional principles. The Service must feel confident that promotions will be determined impartially on the basis of official qualifications, experience and merit. Any departure from these principles which might suggest that promotions were in any way subject to political or other outside influence, or that extraneous considerations were being taken into account which were designed to give special preference to particular individuals or sections in the Service, would be certain to undermine Service morale.

42.Similarly, a reasonable security of tenure and an absolute freedom from the arbitrary application of disciplinary provisions are essential foundations of a public service. Without them, a service would fail to attract and retain sufficient officers of the requisite calibre and Ministers would not be able to depend on receiving frank and objective advice. Disciplinary provisions, including the power to dismiss an officer on grounds of misconduct or gross inefficiency are, of course, necessary in any service but it is generally accepted that these provisions should be applied with complete impartiality and on accordance with established service principles and procedures, and should be recognised by the Service as a whole to be both fair and fairly exercised

43.The most generally accepted method of ensuring the observance of the foregoing principles is by the establishment of an Independent Public Service Commission. There is already a Public Service Appointments and Promotions Board in the Federation of Malaya, and the establishment of a Public Service Commission is under consideration. We agree that the Commission should be established as soon as possible and that provision should be made for it in the Federation Agreement. (31813)