The relationship between a Government servant and the State is one of trust and mutual obligation. While employees have genuine service grievances that deserve to be heard, and while the right of association is a fundamental right under Article 19 of the Constitution, the CCS (Conduct) Rules recognise that Government employees in their official capacity must be subject to constraints that do not apply to private citizens. Rules 6 and 7 give concrete shape to these constraints.
Rule 6: Joining of Associations
Rule 6 does not prohibit all associations — it targets a specific type. No Government servant shall join or continue to be a member of an association the objects or activities of which are prejudicial to the interests of:
- The sovereignty and integrity of India
- Public order
- Morality
The prohibition applies to membership, not merely attendance or sympathy. Crucially, it also requires a Government servant to resign from an association if it subsequently adopts activities that fall within these categories — continuing membership after such a change is equally prohibited.
What Associations Are Permitted?
Associations with legitimate objectives that do not fall within the prohibited categories are perfectly permissible. This includes:
- Recognised service associations and staff unions with legitimate service-related objectives
- Professional bodies (medical associations, engineering institutes, etc.)
- Sports clubs, cultural societies and charitable organisations
- Cooperative societies (subject to Rule 15)
Who Decides?
There is no exhaustive list of banned associations. The Government may, from time to time, issue instructions identifying specific organisations as prohibited. In case of doubt, a Government servant should seek clarification from the prescribed authority before joining or continuing membership.
Rule 7: Demonstrations and Strikes
Rule 7 covers two distinct prohibitions — participation in prejudicial demonstrations, and participation in or abetment of strikes.
Rule 7(i): Prohibited Demonstrations
No Government servant shall engage in or participate in any demonstration which is prejudicial to the interests of:
- The sovereignty and integrity of India
- The security of the State
- Friendly relations with foreign States
- Public order
- Decency or morality
Or which involves:
- Contempt of court
- Defamation
- Incitement to an offence
The rule does not ban all demonstrations — only those falling within these categories. A Government servant participating in a peaceful, lawful public demonstration on a matter unrelated to these concerns is not in automatic breach of Rule 7(i). However, given the breadth of "public order," employees must exercise caution.
Rule 7(ii): The Absolute Bar on Strikes
Rule 7(ii) is unqualified and absolute: no Government servant shall resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to:
- His own service, or
- The service of any other Government servant
| Form of Action | Status Under Rule 7 |
|---|---|
| Strike (complete work stoppage) | ❌ Absolutely prohibited |
| Go-slow (deliberate reduction in output) | ❌ Prohibited (form of coercion) |
| Work-to-rule (strictly literal compliance to disrupt work) | ❌ Prohibited (form of coercion) |
| Hunger strike in office premises | ❌ Prohibited (physical duress / coercion) |
| Peaceful dharna outside office premises on a holiday | Depends — assess against Rule 7(i) criteria |
| Submitting a memorandum of grievances | ✅ Permitted |
| Making representations through recognised service associations | ✅ Permitted |
The Constitutional Dimension
The Supreme Court of India has held, in a number of cases, that while the right to form associations under Article 19(1)(c) is a fundamental right, the right to strike is not a fundamental right. The State is entitled to impose reasonable restrictions on strikes by Government employees, and the total prohibition in Rule 7 has been upheld as constitutional. Employees who feel aggrieved by service conditions have the right to make representations through proper channels — the prohibition is on coercive or disruptive collective action, not on legitimate grievance redressal.
Penalties for Breach
Participating in a prohibited demonstration or strike is a breach of Rule 7 and can attract:
- Disciplinary proceedings under CCS (CCA) Rules, 1965
- Treatment of the period of absence as dies non — a break in service not qualifying as leave
- Recovery of salary for the period of strike / absence
- In serious cases, major penalties including dismissal
Frequently Asked Questions (FAQ)
Q1. Can a Government servant be a member of a recognised service association or trade union?
Yes. Rule 6 bars only associations whose objects or activities are prejudicial to the interests of sovereignty and integrity of India, public order or morality. A recognised service association with legitimate service-related objectives is not prohibited under Rule 6.
Q2. Is a peaceful candle-light vigil by Government employees prohibited?
It depends on the purpose. If it falls within the categories prohibited by Rule 7(i) — prejudicial to sovereignty, security, public order, etc. — it is prohibited. A purely peaceful demonstration that does not trigger any of these grounds may not be prohibited, but employees are advised to exercise extreme caution before participating in any form of collective action.
Q3. Can a Government servant go on strike in support of a colleague's cause?
No. Rule 7(ii) prohibits resorting to or abetting any form of strike in connection with any matter pertaining to the service of any Government servant — not just the employee's own service. Sympathy strikes are equally prohibited.
Q4. What is the penalty for participating in a strike?
Participating in a strike breaches Rule 7 and can attract disciplinary proceedings under the CCS (CCA) Rules, 1965. The absence period is treated as dies non and may not be regularised as leave. Courts have consistently upheld dismissals in cases of prolonged or repeated strike participation.
Related Reading
Official Source / आधिकारिक स्रोत: Central Civil Services (Conduct) Rules, 1964 — Department of Personnel & Training (DoPT). Download full PDF ⬇