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Gist of Editorials, 22 March

Central Deputation of IAS officers

General Studies- II (Separation of powers between various organs)

The Centre is examining the comments received from the States/UTs on a proposal to amend Rule 6(1) of IAS (Cadre) Rules, 1954, relating to the Central Deputation of IAS officers.

  • The Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955 provide for a Central Deputation Reserve not exceeding 40% of the Senior Duty Posts of a cadre/joint cadre.  
  • However, State Governments have not been sponsoring adequate number of officers for central deputation to meet the requirements of the Government of India.

Therefore, in order to address the above problem, comments have been sought from States/UTs, on a proposal to amend the Rule relating to the Central Deputation of IAS officers.

Proposed amendments:

Overall, The Proposed amendments will give greater authority in this matter to the Centre. 

  • The amendments enable the Union government to seek the services of an Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) officer posted in a State even without the State government’s consent. 
  • The Centre will be able to relieve an officer from their cadre if the State government does not give effect to the Central government’s decision within the specified time. 
  • In case of any disagreement, the matter shall be decided by the central government and the state government or state governments concerned shall give effect to the decision of the central government “within a specified time”. 
  • Services of an AIS officer with a specific domain expertise may be required for any important time-bound flagship programme or project.

Current rule on deputation:

  • Central deputation in the Indian Administrative Service is covered under Rule-6 (1) of the IAS (Cadre) Rules-1954, inserted in May 1969. 

As per the rule: 

“A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government.” 

In case of disagreement:

  • In case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government. 
  • However, existing rules did not mention any time limit for deciding on such disagreement.

Previous Matters:

  • In December 2020, the Home Ministry had attached three Indian Police Service (IPS) officers of West Bengal cadre but the State government did not relieve them.
  • Following this, a petition was filed which stressed that the unique dichotomy in the prevalent laws is itself self-contradictory and violative of Article 14.
  • It claimed that this rule has created havoc in the law-and-order situation and in the administrative structure of the concerned state governments.
  • However, the Supreme court rejected the petition.

Source: Indian Express

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