New Delhi: The Department of Personnel and Training (DoPT) has recently proposed changes in the IAS (Cadre) Rules, 1954, which will take away the states’ power to override the Centre’s request for seeking officers on central deputation.
The move came reportedly because the number of officers available under central deputation is not sufficient to meet the Centre’s requirement.
The DoPT’s proposal, sent to the chief secretaries of all state governments on January 12, states that in specific situations where services of cadre officer(s) are required by the Central government in public interest, the Central government may seek the services of such officer(s) for posting under the Central government, and the state government concerned shall give effect to the decision of the Central government within the specified time, PTI reported.
The proposal further states that wherever the state government concerned does not give effect to the Central government’s decision within the specified time, the officer(s) shall stand relieved from cadre from the date as may be specified by the Centre.
The DoPT had written to the chief secretaries of all state governments on December 20, 2021, after which reminders were sent on December 27, 2021, and January 6 and January 12.
The January 12 letter mentions the Central government’s power to override the states’ disagreement on sending the officers on deputation.
The state governments have been asked to furnish their comments on the proposed changes by January 25, 2022.
The Centre had in June last year asked all state governments to nominate more officers for central deputation at the level of deputy secretary, director and joint secretary, citing their shortage.
Officers of the level of deputy secretary/director and above are usually appointed in central government ministries/departments (i.e. on central deputation) under the Central Staffing Scheme (CSS).
Every cadre a state/states or states and union territories — is allowed a central deputation reserve to ensure that officers have the opportunity to work on deputation, including that under the CSS, which adds to their experience.
Quoting sources, PTI reported that the non-availability of sufficient number of officers at the Centre is affecting the functioning of the Central government since New Delhi needs the services of these officers to obtain fresh inputs in policy formulation and programme implementation.
The sources also said the Central government needs them to utilise their vast field experience by way of providing vital inputs for policy planning and formulation.
Why Some States Are Against The Proposed Changes In IAS Rules
West Bengal Chief Minister Mamata Banerjee has objected to the Centre’s move and written to Prime Minister Narendra Modi, urging him to roll back the proposal. She claimed the amendment will affect the administration of states.
The existing rules allow mutual consultation with regard to posting of officers on central deputation.
Rajasthan Chief Minister Ashok Gehlot and his Chhattisgarh counterpart Bhupesh Baghel have also written to PM Modi, urging him not to go ahead with any amendment.
Gehlot, in his letter, said that the amendment to Rule 6 of the Indian Administrative Service (Cadre) Rules, 1954, will enable the Union government to call an officer on deputation without the consent of the officer concerned and the state government, according to a PTI report.
The Rajasthan CM said the proposed change is going to affect the spirit of cooperative federalism.
Stating that the decision will violate the constitutional jurisdiction prescribed for the Centre and state governments, Gehlot further said it will reduce the spirit of working fearlessly and faithfully.
Quoting India's first home minister Sardar Vallabhbhai Patel, Gehlot said, "If you want an efficient all-India service, I advise you that you give the services an opportunity to express themselves freely.”
He added: “If you are a service recipient, it will be your duty to allow your secretary or chief secretary or other services under you to express their opinion without fear or favour. Without it, you will not have Akhand Bharat.”
Chhattisgarh CM Baghel raised similar concerns. He urged the PM to rethink the proposed amendments as they are against the spirit of cooperative federalism and if implemented may lead to "collapse" of administrative system of states.
He said the amended rules may put officials posted in states in a dilemma while discharging their duties, and this may lead to a situation of instability.
In the letter to PM Modi, Baghel said the Government of India has proposed amendments to the All India Services Rules and sought opinion from states in this regard.
He added that the proposed amendments would enable the Centre to unilaterally post the all India services officers on central deputation without getting consent of states and the concerned officer, which is against the federal spirit adopted and outlined in the Constitution.
Centre's Justification
The ruling dispensation in New Delhi on Friday defended the proposed changes in the service rules, stating that the states are not sparing sufficient number of IAS officers for deputation, which is affecting the Central government’s functioning.
Quoting sources in the DoPT, a PTI report said a trend of decreasing representation of the IAS officers, up to the Joint Secretary-level at the Centre, has been noticed as most of the states are not meeting their Central Deputation Reserve (CDR) obligations and the number of officers, sponsored by them to serve at the Centre are much lesser.
The sources said the number of IAS officers on CDR has gone down from 309 in 2011 to 223 as on date, adding the percentage of CDR utilisation has gone down from 25 per cent in 2011 to 18 per cent now.
They also said the number of such officers on central deputation has gone down from 117 to 114 during the period in spite of an increase in the number of IAS officers at deputy secretary/director level from 621 in 2014 to 1,130 in 2021.
The sources further said the movement of officers from the states to the Centre and vice versa is mutually beneficial to both as it enables the professional growth of the officers besides contributing towards better coordination with the states for effective programme implementation.
Stating the reason quoted by most of the state cadres for not sponsoring the number of officers as per prescribed CDR is the shortage of officers in the cadre, the sources said considering the same and the fact that shortage of officers in the cadres, if any, has to be shared mutually between the Centre and the states, PTI reported.