Other Forms of Control

A detailed explanation was given of the operation of the committees appointed by the Houses of the United States Congress to investigate certain acts of the Executive Branch. A full account was given of the historical background of the activities of these investigating committees. It was explained that they deal not only with matters of general policy, but often with specific acts of the administration which may cause wrongful injury to private individuals. In the latter sense, such investigations may be considered as a remedy or as a measure of controlling illegal action or abuse of the administration.

Parliamentary Commissioners

The institution of parliamentary commissioners was studied, taking as a point

of reference the manner in which this institution as such operates in Denmark, as described in the working paper by Prof. Stephan Hurwitz. It was doubted whether such a system is workable where there did not exist a small homogenous population, a small area and a highly developed sense of respect for law in both the citizenery and government authorities. In a large country, with a restless population not imbued with a traditional respect for law and order, and with government officials not having many years of tradition for guidance in their acts, such a commissioner system would require a vast organisation even partially to handle the many complaints which would inevitably arise. Contralorias And Other Methods

The Seminar discussed the various aspects of the organisation and operation of the "contralorias" in several countries, such as the Office of the Comptroller General in Chile. It was explained that this latter Office exercises a prior control over the constitutionality and legaly of administrative acts, which are not immediately enforced if they are considered unconstitutional or illegal. In such cases, if the act is to be put into force, the Executive Power, constituting of the President of the Republic and all his ministers, must insist upon it or must racify it. When this happens, there remains a possibility for the individual affected to appeal to the Senate and demand that the act be declared unconstitutional or illegal. If the Senate

does this, the individual may institute proceedings before the court to claim compensation for damages for the responsible minister.

The Ecuador parliamentary control is different from the system described above and its scope includes an obligation, on the part of ministers, to present annual reports on their activities and to report personally to Congress when required by any member thereof. Ministers are responsible to Congress, which may vote to censure a minister, temporarily disqualifying him from exercising his function.

In Argentina, it was explained that parliamentary control is exercised by virtue of the fact that the approval of the investment or expenditure of public revenues require a decision of Congress.

The opinion was expressed that Congress should not have competence in the jurisdictional or the police sphere, and that Congressional control should be limited to approval of accounts and impeachment of proceedings. It was felt that the terms of reference of parliamentary investigating committees. should be determined precisely by law. Resolutions

The participants at the Seminar unanimously approved the following resolution:

The United National Seminar on Judicial and other remedies against the illegal exercise or abuse of administrative authority, considering that the existence of the Rule of Law is the essential foundation of the recognition of human rights, resolves :

(a) To condemn any kind of government which infringes the rights inherent in the human person and his freedom of conscience, which should be inviolable; and

(b) To urge, accordingly, the need to strengthen the rule of law, on a basis of genuine democracy, as the only means of ensuring the subjection of the public authority to the principle of legality, and of preventing abuse of power; establishing effectively where appropriate, the liability of public officials and the State.

Further proclaims that the maintenance of the estability of the rule of law, and the (Continued on next page)

The Second International Conference convened by the T. U. I. of Public and Allied Employees was held in Leipzig from August 20 to 24. Two hundred and twenty-one delegates, observers and guests from 39 countries gathered in the conference to discuss a variety of problems relating to trade union rights, salaries, different Public Service staff charters and the countless specific demands being put forward by the workers in the postal services, banks, health and other public services.

The T. U. I. of Public and Allied Employees is one of the more recent Trade Departments of the W. F. T. U. It was formed in 1955 at the First International Conference in Vienna.

The concept of "Public Service" and "general interest" are frequently used to justify a special restrictive scheme for public service employees and to demand their complete and passive subordination to the Employer-State. This is done with the intention of minimising the role of these workers in the labour world. With workers opposing the distinction that is being made between "employee" and "citizen", the Conference issued a Declaration strongly protesting against this state of affairs and laying down the rights of civil servants.

Rights As Citizens

An employee of the State and the Public Services, the Declaration says, "must have the same rights as all other citizens. Since a civil servant's legal commitments towards the State are established by law, it is intolerable that the nature of his functions should be used to restrict his rights as a citizen in anyway whatsoever." This means, and on

(Continued from previous page) advancement of normal social and political development of the people's demand that the promotion of economic aims in order that the under-developed peoples of the American continent may benefit from the advantages of technology and culture.

this point there was complete unanimity, that civil servants and municipal workers must enjoy full rights as citizens; they must be free to take an active share in political and trade union life without running the risk of endangering their career; they must be free to be members of a party and trade union of their choice in the same way as all other citizens of their country.

Even though the principles set forth in the United Nations Universal Charter of Human Rights give "everyone the right to freedom of opinion and expression", "freedom to hold opinions without interference" and 'the right to form and to join trade unions for the protection of his interests', we find that in Britain and the United States, South Korea and Greece in Latin America and

Japan, civil servants are either victimised for their political opinions or are not allowed to organise freely. Where they do, they are often threatened by legal proceedings or dismissal. In most cases they do not have the right to strike which means that they are denied the possibility of defending their economic demands, and occupational, democratic and trade union interests. It is, therefore, understandable that public service employees are struggling against their inferior status in order to protect their interests. In recent weeks, the workers in various sections of public service in Brazil, Japan, Belgium and France have waged resolute campaigns, pressing for better working conditions and the introduction of a Staff Charter guaranteeing their rights or its observance and improvement where it exists.

In view of the nature of their employer, the State, public service employees are most directly hit by retrenchments brought about by arms drive and colonial wars. A military budget inflated out of all proportion can only be balanced by cutting down on civil expenditure, particularly by reducing the wages and salaries of civil servants. No wonder that in the capitalist countries 80 percent of the public service employees barely receive the normal wage of a skilled worker. In addition to low wages there are

rising taxes which hit the working class people most severely. Automatisation

One of the major concerns expressed by a number of Conference participants was automation and the baneful consequences it has for public service workers in many countries, especially in the postal service. In the majority of countries automatic counting machines are being used currently in general government offices with the result that departments which used to employ 20 to 30 skilled accountants now only require 3 to 4 to deal with special jobs. As more and more computers are being introduced, the staff are frequently recruited from among the former employees who, in spite of their age, have to be trained all over again; the rest are either down-graded, displaced or dismissed.

All these problems were widely discussed in the various trade commissions, particularly in those for banks and insurance companies, government and treasury offices and the postal services. The participants took advantage of these meetings to have a thorough discussion about living conditions, political and trade union rights, opportunities for training and acquiring a higher qualification, wages, holidays and social facilities, All this directly affects the work of public and allied employees.

Recommendations

The Conference unanimously recommended that international technical commissions for each of these branches of employment should be set up. They would provide studies and information so as to assist in better co-ordination the defence of the workers' interesrs. The Conference paid particular attention to the condition of women who find it more difficult than men to get into public service. They are barred from certain jobs altogether, their promotion is much slower and there is a great deal of discrimination in their pay.

All the participants agreed on the need for greater unity among public service employees; this can be achieved by consolidating the T. U. I., but above all, by establishing contacts and joint action programmes with organisations of other international affiliations and with independent

unions. In his closing speech Rene Duhamel, re-elected President of the T. U. 1. by the Conference, pointed out that if political leaders from countries with different political systems were able to meet and discuss problems of interest to the whole world, why should it not be possible for leaders of one and the same class to do the same when defending identical interests. This question is raised in very clear terms in the "Letter to International Public Service Employees' Organisations", adopted unanimously by the Conference.

It was further unanimously decided to observe an International Week for the defence of trade union freedom and Staff Charters governing conditions in the public. and allied services.

The Planning Commission

A redistribution of portfolios among the members of the Planning Commission may become inevitable by the recent appointment of Mr. A. N. Khosla as one of its members. Mr. Khosla, who was Chairman of the Central Water and Power Commission and is now Vice-Chancellor of the Engineering University, Roorkee, is to fill the vacancy caused by the death of Dr. J. C. Ghosh. Dr. Ghosh was the member in charge of Health, Education, and Scientific Research in the Commission, but Mr. Khosla, would be more eminently suited to deal with subjects like Irrigation and Power which are now being looked after by Mr. C. M. Trivedi.

The Commission at present consists of 8 members-four Ministers and four full-time members. The full time members are Mr.. V. T. Krishnamachari, C. M. Trivedi, Mr. Shriman Narayan and Mr. T. N. Singh. The fifth full time member will be Mr. Khosla. The four Ministers who are members of the Commission are: Mr. Jawaharlal Nehru, Mr. Morarji Desai, Mr. Gulzarilal Nanda and

Mr. V. K. Krishna Menon.

Mr. V. T. Krishnamachari, Deputy Chairman of the Commission, has been wanting to retire from the Commission in view of his advancing age. But the Prime Minister has so far found it difficult for him to do so. The post was at one time offered to Mr. T. T. Krishnamachari, but the latter has declined it, it is understood.

day at the age of over 70 he guides the planned development of the country. What a loss to the country it would have been if he had been condemned to a life of retirement and inactivity at the age of 55.

It is well known that all the responsible work in the country is being done by people who are over 55. It is an anomaly that a District and Sessions Judge should retire at 55, while a High Court Judge should go upto 60 and a Supreme Court Judge to 65. Numerous anomalies of a similar nature can be cited: the age

of retirement for the Indian Civil Service is 60, that for the Indian Administrative Service, which has been formed to replace it, 55. Officials are given extensions upto 60 if they are fit enough to work, and technicians also expect to get extensions. The question arises: Why should there be discrimination against others? A doctor in spite of his experience becomes useless for government service at the age of 55; a practising doctor earns more as he grows in years. Most of the people at the top in various professions outside government service are over 55. Why should Government servants be treated differently? Fallacious

of reThe argument that raising the age tirement will stand in the way of promotion of younger people is equally fallacious. They, too, have to grow old and, with growing opportunities, are bound to have many more chances for promotion than those available to their seniors. The argument would have some force if the age of an individual were fixed in the same arbitrary manner as the age of retirement at 55. We have to keep in view the need for fresh blood in administration

and the necessity of providing incentives in the form of promotions. But

we cannot

ignore the loss which the country and the administration suffer on account of the retirement of a large number of healthy and experienced citizens who are good enough for many more years of active and useful work.

It has been amply proved that one's mind. improves with age. Dr. William Owens, Head of the Psychology Department at Iowa State College, after conducting numerous tests of mental ability on the same people in their youth and old age came to the conclusion: "Nowhere was there any sign that

Life And Work

the

The factors which should count in deciding this issue are a man's capacity to carry on his work and the overall social and economic changes which have occurred in the country. The revolution which has occurred in the fields of science and medicine has resulted of certain diseases in the eradication and extension of man's normal span of life. Not many years ago the average life expectancy in our country was 23 years; today it is much higher. The extension of medical facilities is expected further to increase it. When people live longer, remain healthy and retire early, they become a problem. Life for most of us is work and when you allow people to work a few years more, you give them a few more years of life.

The Unchanging P. W. D.

Prime Minister Nehru said in Poona on October 5 that the entire world was changing but that was not changing was the Public Works Department in India which continued to carry the Its conlegacy of the British regime. ception of construction of new buildings was based upon plans handed down to it from the past.