THE proposal to change central deputation rules of Indian Administrative Service (IAS) officers has escalated into a major conflict between the centre and states. On January 12, the Department of Personnel and Training (DoPT) had written to states on the Union government's proposal to amend Rule 6 (deputation of cadre officers) of the Indian Administrative Service (Cadre) Rules 1954.
The proposed rules enable the centre to acquire overriding powers in matters of transfer of IAS officers through central deputation. In the process, approval of the concerned state government has been done away with. This has become a new flashpoint in centre-state relations, especially with Opposition-ruled states. In the larger context, the concept of federalism is under test and the Constitution is also facing a challenge.
Justice MN Venkatachaliah, former chief justice of India and Chief Patron of India Legal, said: “The Indian Constitution is strong enough to take care of it. It is federal when it is desirable to promote federalism; it can be unitary in times of crisis. Therefore, the framework of the Indian Constitution is resilient. It been tried out for 70 years. I think the next generation of Indians with the experience they have had will manage it much better."
DoPT had sent a list of proposed amendments to the chief secretaries of all states. If the proposed rule gets into the rulebook, then the centre's demand for deputation will have to be complied with, irrespective of the consent of the state government concerned. This will also seriously erode the All India Service character of the IAS. The proposal shows little regard to the administrative needs and requirements of the states.
Esta historia es de la edición February 14, 2022 de India Legal.
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