The conduct of a Government servant is not limited to the office. Rules 21, 22 and 22-A reach into personal life — marriage choices, conduct in public while intoxicated, and the treatment of children in the household. These rules reflect the principle that a Government servant, as a representative of the State, must hold himself to standards of personal conduct that uphold the law and the values that the Government seeks to promote.
Rule 21: Restriction Regarding Marriage
Rule 21 contains three separate provisions that together regulate the marriage conduct of Government servants.
Rule 21(1): No Marriage With a Living Spouse
No Government servant shall enter into, or contract, a marriage with a person having a spouse living. In other words, a Government servant cannot marry someone who is already married. This prohibition applies regardless of the religion of the parties involved.
Rule 21(2): No Second Marriage During Lifetime of Spouse
No Government servant having a spouse living shall enter into, or contract, a marriage with any person. This prohibits what would constitute bigamy — taking a second spouse while the first spouse is alive and the first marriage has not been legally dissolved.
The Government Permission Exception
The Central Government may permit a Government servant to enter into or contract a marriage covered by Rule 21(1) or 21(2) if it is satisfied that:
- (a) Such marriage is permissible under the personal law applicable to the Government servant and the other party to the marriage; and
- (b) There are other grounds for so doing
Both conditions must be met. The fact that a religion or personal law may permit polygamy is not, by itself, sufficient — there must also be other grounds that the Government considers adequate. In practice, such permissions are rare and closely scrutinised.
Rule 21(3): Foreign Marriages — Mandatory Reporting
A Government servant who has married, or marries, a person other than of Indian nationality shall forthwith intimate the fact to the Government. This is a reporting obligation — the marriage itself is not prohibited, but it must be disclosed immediately. The word "forthwith" means without unnecessary delay.
Why These Rules Exist
The marriage restrictions serve two purposes: first, to ensure Government servants do not contract relationships that could compromise their loyalty or create security concerns (particularly relevant for sensitive posts); second, to align the conduct of Government servants with national social policies on marriage, including the prohibition on bigamy in most personal law systems.
| Situation | Rule | Requirement |
|---|---|---|
| Marrying someone who has a living spouse | Rule 21(1) | Prohibited — Government permission needed |
| A Government servant with a living spouse marrying again | Rule 21(2) | Prohibited — Government permission needed |
| Marrying a foreign national | Rule 21(3) | Permitted — but must report forthwith |
Rule 22: Consumption of Intoxicating Drinks and Drugs
Rule 22 does not prohibit all consumption of alcohol or drugs — it sets specific conduct standards that a Government servant must maintain in relation to intoxicating drinks and drugs. The four obligations are:
Rule 22(a): Abide by Local Law
A Government servant must strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being. This means that when visiting a dry state (such as Gujarat, Bihar or Nagaland), a Government servant must comply with that state's prohibition laws — even if he would be free to drink in his home state or his home city.
Rule 22(b): No Intoxication During Duty
A Government servant must not be under the influence of any intoxicating drink or drug during the course of his duty, and must take due care that the performance of his duties at any time is not affected by the influence of such drink or drug. This means that even outside official hours, if intoxication from the previous evening affects performance the next morning, it can constitute a breach of Rule 22(b).
Rule 22(bb): No Consumption in a Public Place
A Government servant must refrain from consuming any intoxicating drink or drug in a public place. The Explanation to Rule 22 defines "public place" as any place or premises (including a conveyance) to which the public have, or are permitted to have, access — whether on payment or otherwise. This covers restaurants, bars, parks, trains, buses, and any other publicly accessible space.
Rule 22(c): No Appearing in Public While Intoxicated
A Government servant must not appear in a public place in a state of intoxication. This is distinct from Rule 22(bb) — it covers the situation where someone has consumed alcohol privately but then appears in a public place while visibly intoxicated.
Rule 22(d): No Excessive Consumption
A Government servant must not use any intoxicating drink or drug to excess. This is a general standard of moderation, even in private. Habitual heavy drinking that affects health, performance or public image of the service can be a breach of Rule 22(d).
| Activity | Status Under Rule 22 |
|---|---|
| Consuming alcohol at home, within limits | ✅ Permitted |
| Drinking in a restaurant or bar | ❌ Prohibited under Rule 22(bb) — public place |
| Being drunk at the office | ❌ Prohibited under Rules 22(b) and (c) |
| Drinking alcohol in a dry state | ❌ Prohibited under Rule 22(a) |
| Excessive drinking that affects work | ❌ Prohibited under Rules 22(b) and (d) |
| Appearing drunk in a public park | ❌ Prohibited under Rule 22(c) |
Rule 22-A: Prohibition on Employment of Children Below 14 Years
Rule 22-A is absolute and unambiguous: No Government servant shall employ to work any child below the age of 14 years. This covers all forms of employment — domestic service, shop work, farm labour, or any other arrangement — regardless of whether wages are paid or not, and regardless of whether the work is described as "light" or "occasional."
Why This Rule Matters
Rule 22-A was introduced in 1999, and aligns with the Child Labour (Prohibition and Regulation) Act, 1986 and the constitutional value expressed in Article 24, which prohibits the employment of children below 14 years in factories, mines and other hazardous employment. For Government servants, Rule 22-A extends this prohibition to all employment of children below 14 — including domestic work. A Government servant who employs a child below 14 as a household helper is in breach of both Rule 22-A and the applicable child labour legislation.
Domestic Servants and Child Domestic Labour
One of the most common violations of Rule 22-A in practice is the employment of underage children as domestic helpers, cooks or babysitters. The fact that such arrangements are common, or that they are framed as charitable (e.g., "giving the child shelter"), does not provide any defence under Rule 22-A. The rule is categorical — any work by any child below 14 in the Government servant's household or employment is prohibited.
Frequently Asked Questions (FAQ)
Q1. Can a Government servant marry a foreign national?
Yes. Rule 21(3) requires a Government servant who has married or marries a person other than of Indian nationality to forthwith intimate the fact to the Government. This is a reporting obligation, not a prohibition. The marriage itself is not barred, but the Government must be informed immediately.
Q2. Can a Government servant drink alcohol at home?
Yes. Rule 22 does not prohibit consumption of intoxicating drinks at home within lawful limits. The prohibitions relate to: being under the influence during duty; consuming in a public place; appearing in a public place while intoxicated; consuming to excess; and violating local dry-area laws. Private consumption within lawful limits is not a conduct violation.
Q3. Does Rule 22-A prohibit employing a child as a domestic servant?
Yes. Rule 22-A states that no Government servant shall employ to work any child below the age of 14 years. This covers domestic employment — a child working as a house help, kitchen helper, or babysitter. Employing such a child, regardless of how informal the arrangement or whether wages are paid, is a clear breach of Rule 22-A.
Q4. Under what circumstances can a Government servant contract a second marriage?
Only with Central Government permission, and only after the Government is satisfied on two counts: (a) the marriage is permissible under the personal law applicable to the Government servant and the other party; and (b) there are other grounds justifying the permission. Personal law permissibility alone is not sufficient — both conditions must be met.
Related Reading
Official Source / आधिकारिक स्रोत: Central Civil Services (Conduct) Rules, 1964 — Department of Personnel & Training (DoPT). Download full PDF ⬇