Public services and public servants

• Main Authors: Masum, Ahmad, Arowosaiye, Yusuf Ibrahim, Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan
• Format: Book Chapter
• Language: English; English
• Published: LexisNexis Malaysia Sdn Bhd 2022
• Subjects: K3165 Constitutional Law
• Online Access: http://irep.iium.edu.my/103975/1/103975_Public%20services%20and%20public%20servants.pdf; http://irep.iium.edu.my/103975/2/103975_Public%20Services%20and%20Public%20Servants.pdf; http://irep.iium.edu.my/103975/; https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation

The position of a public servant is a highly coveted one in Malaysia. Public servants are an important component of any functioning administrative system. The public service plays a crucial stabilising role in the Westminster-style of democracies. The public service is the pivot around which the administration of the contemporary state revolves. The public service is responsible for the effective delivery of policy but also for the rational, pragmatic, and continuous formulation of policy. It is an undeniable fact that modern society is held together by the services provided by officials of the state. Every country’s economic, social and educational policies are ultimately dependent on the quality and commitment of its public officials. Thus, a competent and incorruptible public service is an essential constitutional bulwark as well as a practical necessity. In a democracy, it is desirable that the public service be politically independent too, and capable of serving governments of different political colour with equal enthusiasm. In other words, public servants do not change with the Government, and they are responsible for the day-to-day running of the administration. Public servants do not have to pledge loyalty to the ruling government. They only need to execute or carry out any order that does not contradict the constitution. Public servants have to be loyal to the country, not the government. Like most public servants elsewhere in the world, Malaysia’s public servants make decisions which affect the general public. The public service in Malaysia is entrusted with the responsibility of providing various services to the general public and to guide the nation towards development and industralisation. At the top or near the top, they feed ministers with facts and figures and keep them informed of what needs to be done and when and where and how, and they proffer advice on the right decision to be taken, and they see to it that whatever decisions are taken, are implemented expeditiously and efficiently. The public’s expectation of public servants in relation to their performance is quite high or above average. Falling short would indicate incompetence or lack of productivity. Worse, it may arouse feelings of betrayal because public servants are expected to do their best to serve the public. In Malaysia, the Federal Constitution in Part X deals at some length with the public service by providing for independent service commissions to control matters of appointment, advancement, discipline, and dismissal. These commissions have the duty to ‘appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, and exercise disciplinary control over members of the service or services to which [their] jurisdiction extends’. This chapter provides an in-depth discussion on the institution of the public service under the Malaysian Federal Constitution. The chapter submits that, apart from the constitutional provisions, ethical guidelines play a prominent role in the life of a public servant. Public service ethics shape the behaviour and discipline of Malaysia’s public servants and reinforce good values as well as enhance efficiency at work.