All over
the subcontinent the bureaucrat has a bad reputation. Files are always
pending, money changes hands, there is too close an alliance between bureaucrats
and politicians, women are marginalised.
When criminality is rampant, then bribes are seen as being only that ‘mild an
event’ as tax evasion. Nepotism and clan loyalties are seen to be normal, as is
favouring of friends and loyal subordinates.
Max Weber defined bureaucracy as that which
entailed a system of rules, of codification, of accounting and ledger keeping,
of objectivity, where time ruled, and measurement was the ultimate index of
modernity. The contract is the best example of legal domination, as an aspect
of bureaucracy.
Bureaucracy
is about types of legitimate domination. Domination is the probability
(according to Weber,) that certain specific commands or all commands will be
obeyed by certain persons. He says that obedience intrinsically implies
consent. There is an ‘interest’ in obedience.
There is a mutual comprehension of the rules which are laid down.
Authority and its order represents the organisation and its staff, which is
present. This is a group which is specialised to carry out the commands and to
execute specific policy. Material interest is not a sufficient criterion, nor
is fear. Something larger keeps the organisation together, and these elements
are emotion as well as ideal attributes. There is also the presence of custom
and traditional habits, as well as the expectation of personal advantage. Tying
it all together is the belief in its overall legitimacy.
Authority thus rests on consent, and it
will be different in each location. The authority that the director of an
organisation has over the clerks, is different from that which informs the
relation between lord and vassal, or lord and slave. Satish Saberwal argued in Wages of Segmentation (Orient Blackswan)
that bureaucracy in India is enmeshed in village and caste and clan loyalties,
that because industrialisation was imposed on us in the 19th century,
the real adaptative process never took place. Namely, the West had four hundred
years to adapt to factory and laboratory, and in India, it was imposed on us
from above, with no democratic or engaged discussion.
Weber states that there is an appropriate
attitude, and a corresponding one in conduct. Loyalty may be hypocritical or it may be
opportunistic and marked by self interest. People may submit because there is
no alternative, out of fear or helplessness. Because the type of authority
exhibited is seen as valid, whether customary or legal, the subjects confirm their submission.
Obedience means that the form and the
content of imposition coincide and the command is the basis of any action
performed for its own sake. What is registered, for Weber, is the formal aspect
of consent, not the negotiatory attitude of the actor in relation to the value,
or the lack of value, of the content of the command. One of the most classical
examples of such an attitude is the case of Nazi brutality recorded by Hannah
Arendt, where the bureaucrat is never responsible, for the order came from
above. Weber also states that that the chief and his staff presenting
themselves as servants to those they rule does not take away the aspect of
domination.
The whistle blower therefore becomes imbued
with charismatic power, and is welcomed by citizens, because he/she is fearless and
able to communicate his version in opposition to that of the partisan bureaucrat.
Robber Barons use state
machinery to get past laws in the contract by saying that 'the people need it' or 'want it'.
They revel in saying that they break rules. This is obviously illegal. In the
same way, the bureaucrat, in judicial positions can clear the actions of his criminal patrons because there are no
witnesses, and their families have been killed, neglected or silenced.
The partisan bureaucrat, when acting in a friendly
and intimate fashion, can reorder reality by promoting the good of some people
over the good of the citizens whom he purportedly serves. Since the process of going to the courts is a
disruption of daily duties and obligations, the bureaucrat as robber baron, who
has government employees as lawyers working for him, can create tremendous
obstacles to the real issues surfacing. He/she is the government, and he/she acts on behalf of the State, but in
reality, he/she projects a world view that is both unethical and illegal. Since
bureaucracy and its contracts are linked with personages and with codified or
inscribed materials, the robber baron bureaucrat is well able to relieve honest
officers of their duty or to transfer them, where they cannot be of harm to
him/her. Yet,even with digitalisation of files, all materials are up for
scrutiny, and so opaque and self gratifying acts become visible to all, unless
we are functioning in an oligarchy.