The center has solicited feedback and sent reminders to state governments by Jan. 25. He wrote that «in certain situations where the services of senior officers are required by the central government in the public interest, the central government may use the services of these officials for secondment to the central government.» Some States responded, including West Bengal, which opposed it. The Personnel and Training Department (DoPT) will send a further reminder to States to respond to its proposal to amend the Indian Administrative Service (Cadre) Rules 1954, which would allow officers of the Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) to be seconded to the Union Government and central ministries. without necessarily accepting the nod of the state government. Topics covered: The role of the public service in a democracy. Discuss emergency regulations under the SPI Executive Rule, 1954. In its revised January 12 proposal, which was vigorously rejected by opposition-led states, the DoPT added two more changes: if the state government delays the deployment of a state cadre officer to the center and does not implement the central government`s decision within the specified period, «the officer will be removed from the cadre from the date set by the central government»; and second, in special situations where the services of senior officers are required by the central government in the «public interest», the State must implement its decisions within a certain period of time. Currently, civil servants must obtain security clearance from the state government.
According to section 6(1) of the IAS Executives Regulations 1954, «an officer may, with the consent of the relevant Länder governments and the central government, be seconded to serve in the central government or another government of the Land or in a company, association or partnership of individuals, whether registered or not, wholly or substantially owned or controlled by the central government or another state government. is located. In its amendment, the Centre proposed to include in Rule 6 of the IAS 1954 (Framework) Regulations a provision stipulating that any official of the IAS may be transferred to the central deputation with the consent of the government of the Land concerned. In an unprecedented order, the Personnel and Training Department (DoPT) invoked Rule 6(I) of the Indian Administrative Service (Kader) Rules 1954 to place the services of the Chief Secretary of West Bengal, Alapan Bandyopadhyay, with the Government of India. How are officers sent to the central deputation today, and how might the changes affect that? A senior administration official said Jan. 25 is the deadline to respond, but since many states have not sent their responses, the Department of Personnel, Public Complaints and Pensions will send another reminder this week. On December 20, the Department of Personnel and Training (DoPT) wrote to various state governments that «. Various state cadres or spouses do not sponsor a sufficient number of officers for the Central Deputation as part of the Central Deputation Reserve. As a result, the number of officials available for the central deputation is not sufficient to meet the needs of the centre.
As of January 1, 2021, out of approximately 5,200 IAS officials in the country, 458 were part of the central delegation. See also | Mamata Banerjee expresses concern about the change in the rules of the IAS (framework) and writes to the Prime Minister In case of quarrels, how many times has the centre got what it wanted? Newsletter | Click here to get the best explanations of the day in your inbox The Union Government is facing an acute shortage of All India Services (AIS) (IAS, IPS and IFoS) civil servants, and despite existing regulations, states do not sponsor a sufficient number of officials for the Central Deputation, and the available officials are insufficient to meet the requirements, said the DoPT. Five states – Odisha, Meghalaya, Jharkhand, Rajasthan and West Bengal – responded to the DoPT and spoke out against the changes. A Jharkhand government official said the state had responded to the DoPT that «the proposed change will contradict the spirit of cooperative federalism.» Jharkhand`s Chief Minister Hemant Soren wrote to Prime Minister Narendra Modi last week: «The Centre should look inward and find out the reasons for the notable decline in the number of officers opting for the Central Deputation in recent years.» The Central Deputation has been a hot topic of discussion between States and the Centre, with the former prevailing in most cases, although Article 6, paragraph 1, guarantees that States must implement the Centre`s decision. Even under the new proposal, the Centre can determine the number of officials in the central delegation «in consultation with the government of the Land concerned». The formal economy – and not just the informal sector – is struggling This proposal comes as it has been found that various state/joint officials are not sponsoring a sufficient number of Indian Administrative Service (IAS) officials under the Central Deputation Reserve, despite the fact that the Ministry of Personnel has repeatedly flagged the issue. While article 6, paragraph 1, provides that in case of disagreement, the State executes the decision of the Centre, this has not been possible in several cases of conflict. Even the proposed amendment leaves the state with a loophole by stipulating that the number of officials to be sent to the deputation must be determined by the central government «in consultation with the government of the state concerned.» And while the Center directs state governments to provide a list of officers, the officer must also be ready, with Rule 6(2) stating: «No officer shall be seconded to an organization or body of the type referred to in subsection (ii) without his consent.» Point (ii) refers to certain types of organizations. With regard to the existing condition that, «in case of disagreement […]. the government or governments of the Länder concerned implement the decision of the central government», the proposed amendment adds the words «within a certain period». The rule also stipulates, in the event of disagreement between the Centre and the States, that «the matter shall be decided by the central government and that the government or governments of the Länder concerned shall implement the decision of the Centre». The Union government is asking states to provide a «list of offers» of All India Services officials, which includes officials from the IAS, IPS and IFS willing to report to the central delegation.
The original proposal (dated 20 December), to which The Hindu had access, contained only the following two changes: first, states were to send a list of all officers available to the state government for the central deputation reserve, and the «actual number of officers to be replaced». shall be determined by the central government in consultation with the government of the Land concerned`; and second, in case of disagreement, the State will implement the decision of the central government «within a certain period of time». In the Jayalalithaa government in 2001, the CB-CID of the State Police searched former CM M Karunanidhi and arrested him along with other DMK colleagues who were ministers in the Vajpayee government. The centre asked Tamil Nadu to send three IPS officers to the central deputation a month later. Jayalalithaa refused, calling on other CMs to defend the rights of states. In early December 2020, the Home Ministry had hired three officers from the West Bengal Executive Indian Police Service (IPS), but the state government did not exempt them. After the motorcade of BJP President J.P. Nadda, reportedly attacked by TMC supporters in Calcutta, the centre asked to send the three IPS agents responsible for its security to the central deputation, but the state refused. Each year, the centre requests a «list of offers» from All India Services (IAS, IPS and Indian Forest Service) officials who are willing to visit a central delegation from which it selects officials. The Centre proposed to retain this part of the rule, but to add: `Provided that each Land government places at the disposal of the central government a number of eligible civil servants of different grades within the Central Deputation Reserve referred to in Article 4(1), adjusted in proportion to the number of civil servants available from the Land government concerned in proportion to the total eligible number of State officials. Squad at one point. Are you familiar with section 131 and cooperative federalism? It is described as a «flagrant abuse of power and an attempt to interfere with the jurisdiction of the state».
The Centre has proposed amendments to the IAS rules (framework rules) to exercise greater control over the central representation of IAS employees, who have often been at the centre of disputes between the Centre and governments. The proposal struck in West Bengal when CM Mamata Banerjee wrote to Prime Minister Modi expressing concern that the changes would create an «anxious psychosis» among officers and affect their performance. Banerjee wrote to the prime minister twice in eight days, saying the amendment would «destroy» the federal fabric and basic structure of the constitution. In recent examples from West Bengal, the Centre asked Alapan Bandyopadhyay, an IAS officer in the 1987 group, to report to the Centre on the day of his retirement. He did not report to the Centre and Banerjee did not relieve him of his duties.