Explained | Why Centre And States Are At Stand-Off Over Proposed Changes In Civil Servants’ Deputation Rule?

In a communication sent to all states on January 12, the Department of Personnel and Training (DoPT) sought their opinion on the proposal to amend Rule 6 of the IAS (Cadre) Rules 1954 that pertains to the deputation of cadre officers.

New Delhi: Kerala and Tamil Nadu on Sunday joined the long list of states urging Centre to drop the proposed amendments to the Indian Administrative Service Cadre Rules. In a letter to Prime Minister Narendra Modi, Kerala Chief Minister Pinarayi Vijayan said the proposed amendments by the Centre would “weaken cooperative federalism“. His Tamil Nadu counterpart MK Stalin said the amendments to the IAS Cadre Rules proposed by the Centre, “strikes at the very root’ of the nation’s federal polity and state autonomy“.

What are the amendments prosposed by the Centre in IAS Cadre Rules?

In a communication sent to all states on January 12, the Department of Personnel and Training (DoPT) sought their opinion on the proposal to amend Rule 6 of the IAS (Cadre) Rules 1954 that pertains to the deputation of cadre officers. Similar letters were sent also proposing amendments in cader rules of Indian Police Service (IPS) and the Indian Forest Service (IFoS).

Through the amendments, the Central government seeks to exercise greater control in central deputation of all three All India Services (AIS). With the amendment, the Centre will acquire powers to depute civil servants to ministries of Central government without necessarily taking the permission of state governments. The IAS cadre rules were framed in 1954 after the All India Services Act came into existence in 1951.

Vijayan’s Letter To PM Modi

In his letter, the Kerala CM said the proposed amendments in Deputation Rules of All India Services will induce fear and hesitancy among IAS Officers in implementing policies of state governments of parties politically opposed to ruling party at Centre. “Proposed amendments in Deputation Rules of All India Services will induce fear & hesitancy among AIS Officers in implementing policies of State government of parties politically opposed to ruling party at Centre. It’ll weaken cooperative federalism; may be dropped.” tweeted Vijayan.

Stalin’s Objection to the Amendments

Expressing deep concern about the draft amendments proposed by union government, Stalin strongly objected to it. The amendment proposal, “strikes at the very root of our federal polity and state autonomy,” he said in the letter to the Prime Minister.

If implemented, the proposed amendments would cause irreparable damage to the spirit of cooperative federalism that exist between union and the states and lead to concentration of powers in the union government, Stalin said. “I would also like to highlight the fact that many of the state governments are also woefully short of officers at specific seniorities, primarily due to the wrong cadre management policies followed by the union government.”

“While the union is availing the common pool from Group-I officers at the national level, the state governments solely depend on the limited pool of IAS officers available in the State. The state governments are on the forefront of implementation of various programmes including the schemes of the union government at the state level. The states also face frequent natural disasters which demands services of IAS officers in the state more than elsewhere. Under such circumstances, forcing the state governments to depute officers would surely aggravate the ‘governance deficit’ in various states due to shortage of officers and also it is an ‘affront’ to the administrative frame work of the states,” Stalin said.

Other states that have raised concerns

Earlier on Friday Rajasthan Chief Minister Ashok Gehlot also wrote to Prime Minister Narendra Modi opposing the Centre’s proposed amendments to the Indian Administrative Service Cadre Rules and said the move will violate the constitutional jurisdiction prescribed for the Central and State Governments and will reduce the spirit of working fearlessly and faithfully in the All India Service officers posted in the state.

West Bengal Chief Minister Mamata Banerjee on Thursday wrote yet another letter to Prime Minister Narendra Modi, urging him to withdraw the proposal to amend IAS (Cadre) Rules, 1954, as it would “create a fear psychosis among officers and impact their performance”. In the letter to the PM on the issue, her second in a week, Banerjee said the amendment will “destroy” the federal polity and basic structure of the Constitution.

Chhattisgarh’s Bhupesh Baghel and Jharkhand Chief Minister Hemant Soren has also written to Prime Minister Narendra Modi asking him to withdraw the amendments proposed by the Centre.

Centre’s Explanation

Information and Broadcasting Secretary Apurva Chandra on January 21 defended the Centre’s proposal to amend the IAS (Cadre) Rules, saying working with both— the Centre and State governments not just broadens the perspective of officers but also serves the purpose of the all India services.

He said that the Indian Administrative Service (IAS) officers cannot always remain posted in the States as it does not work well either for the service or the officers.

“Working with the government of India gives you a very broad perspective. Serving in States and coming back to the Government of India (departments/ministries) is essential for officers for (their) personal development. They will perform better even in States and in subsequent career in government of India,” Mr. Chandra told reporters when asked for his comments on the row over Centre’s proposal to amend IAS (Cadre) Rules 1954.

(With Inputs from ANI and PTI)