How should civil servants balance duty and the rule of law?

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Civil Servants Must Uphold the Rule of Law Even When Instructed Otherwise

Civil servants are expected to be faithful to the government of the day, but this duty does not extend to committing crimes or violating the rule of law. If given instructions that are unlawful or criminal in nature, such as participating in illegal acts or covering up wrongdoing, civil servants are not obligated to comply and should refuse such directives. Blind loyalty is discouraged, and actions that constitute a crime remain criminal regardless of who issued the instruction.
Refusal of Unlawful Instructions

Administrative and diplomatic officers are not required to follow orders that contravene the rule of law or lead to criminal offences. Prime Minister Tun Dr Mahathir Mohamad clarified that a crime is still a crime, even if directed by top leadership. This principle underscores that obedience to the law supersedes obedience to potentially illegal commands from superiors.
Maintaining Integrity Against Criminal Directives

The commitment to upholding the law is paramount, even when faced with direct orders from the highest levels of authority. For instance, if a civil servant were instructed to commit an act like killing another person or to conceal a crime, they are not bound to carry out such an order. The integrity of the civil service relies on its members refusing to participate in illegal activities.
Avoiding Political Interference and Blind Loyalty

Civil servants must also maintain their professional boundaries and refuse participation in partisan political activities. An example provided was a scenario where an officer might be asked to campaign for a political party. In such a situation, the correct course of action is to decline the request. The Prime Minister suggested that collective refusal can provide protection against repercussions, highlighting the importance of standing firm on principles rather than succumbing to blind loyalty.

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How should civil servants balance duty and the rule of law?

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