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Upsetting the Centre-State Balance

  • Published
    8th Feb, 2022
Context

The Centre has proposed to amend the rules for central deputation of IAS officers.

About

All India Services:

  • Sardar Patel envisioned the creation of the All-India Services to preserve unity between Centre and States.
  • He championed the creation of the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as “All India Services” (AIS) whose members would be recruited and appointed by the Centre and allotted to various States, and who could serve both under the State and the Centre.
  • Under Article 309 of the Constitution, the Centre and states are empowered to erect and maintain services for running their administration.
  • Unlike a central service or state service, an All-India Service is compositely administered under Article 312.

What are the Indian Administrative Service (Cadre) Rules?

  • A unique feature of All India Services (Indian Administrative Service, Indian Police Service and Indian Forest Service) were created under the AIS Act, 1951, is that the members of these services are recruited by the Central Government and are placed under various State Cadres.
  • It is incumbent upon the members of service to serve both under the State and the Centre.
  • To ensure service of IAS officers at the Centre, suitable provisions have been made under the IAS (Cadre) Rules, 1954.

What is current rule on deputation?

  • Central deputation in the IAS is covered under Rule-6 (1) of the IAS (Cadre) Rules-1954.
  • As per the rules, AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
  • In case of any disagreement, the matter shall be decided by the Central Government.
  • Every year, the States would prepare an “offer list” of officers who had opted for central deputation and the Centre would choose officers only from among those “on offer” from the States.

What are the amendments the Centre has proposed for the rules?

  • The proposed changes are in Rule 6 (1), which deals with Central deputation.
  • It also provides that in case of any disagreement, the matter shall be decided by the Centre and State or the State Government concerned shall give effect to the decision of the Central Government.

New Insertions:

  1. each State Government shall make available for deputation to the Central Government, such number of eligible officers of various levels to the extent of the Central Deputation Reserves prescribed under Regulations referred to in Rule 4 (1. The actual number of officers to be deputed to the Central Government shall be decided by the Centre in consultation with the State Government concerned.
  2. In case of any disagreement, the matter shall be decided by the Centre and the State Government or State Governments concerned shall give effect to the decision of the Central Government within a specified time.
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