IAS officers and central posting

IAS officers and central posting

Subject – Governance

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

Concept –

The Centre has proposed amendments to the IAS (Cadre) Rules in order to exercise greater control in central deputation of IAS officials, which has often been at the centre of tussles between the Centre and the states.

What is 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.
• It states: “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. Provided that 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.”
• As on January 1, 2021, out of around 5,200 IAS officers in the country, 458 were on central deputation.

What are the proposed amendments?

Four amendments are proposed to Rule 6.

• One of the major changes proposed is if the State government delays posting a State cadre officer to the Centre and does not give effect to the Central government’s decision within the specified time, “the officer shall stand relieved from cadre from the date as may be specified by the Central government.”
  • Presently, officers have to get a no-objection clearance from the State government for Central deputation.
• The other change proposed is the Centre will decide the actual number of officers to be deputed to the Central government in consultation with the State and the latter should make eligible the names of such officers.
  • According to existing norms, States have to depute the All India Services (AIS) officers, including the Indian Police Service (IPS) officers, to the Central government offices and at any point it cannot be more than 40% of the total cadre strength.
• The third proposed amendment says that in case of any disagreement between the Centre and the State, the matter shall be decided by the Central government and the State shall give effect to the decision of the Centre “within a specified time.”
• The fourth change proposed is that in specific situation where services of cadre officers are required by the Central government in “public interest” the State shall give effect to its decisions within a specified time.

The DoPT is the cadre controlling authority of IAS officers. Similar letters have been sent for deputation of Indian Police Service and Indian Forest Service Officers (IFoS) after approval from the Ministry of Home Affairs (MHA) and the Environment Ministry respectively.

In 2020, the DoPT, to ensure that more officers come to the Centre, changed norms and made it mandatory for IAS officers from the 2007 batch onwards to mandatorily serve for two years in Central deputation within first 16 years of their service if they wanted to be empanelled for a joint secretary rank in the future.

How are officers sent on central deputation today, and how could the amendments affect it?

• The Centre asks every year for an “offer list” of officers of the All India Services (IAS, IPS and Indian Forest Service) willing to go on central deputation, from which it selects officers.
• While Rule 6(1) says that in case of disagreement, the state shall give effect to the decision of the Centre, this has not been possible in several cases of conflict.
  • Even the proposed amendment leaves the state with an escape route by stating that the number of officers to be sent on deputation shall be decided by the central government “in consultation with the State Government concerned”.
• And while the Centre mandates the state governments to provide a list of officers, the officer too must be willing, with Rule 6(2) stating: “no cadre officer shall be deputed to any organisation or body of the type referred to in item (ii),
  except with his consent”.
  • Item (ii) covers certain kinds of organisations.
  • Before any officer of the AIS is called for deputation to the Centre, his or her concurrence is required. The Establishment Officer in the DoPT invites nominations from the State governments. Once the nomination is received, their eligibility is scrutinised by a panel and then an offer list is prepared, usually with the State government on board.