IAS Gyan

Daily News Analysis

Rule changes in central deputation

22nd January, 2022 Polity

Context:

  • The Union government intends to acquire overriding powers to depute IAS and IPS officers to the Central government.

 

Current Rules for Deputation:

  • The Department of Personnel and Training is the IAS officers' cadre controlling
  • Every year, the Centre requests a "offer list" of officers wanting to serve on central deputation from the All-India Services (IAS, IPS, and Indian Forest Service), from which officers are selected.
  • Rule-6 (1) of the IAS (Cadre) Rules-1954, added in 1969, governs central deputation in the Indian Administrative Servic
  • States are required to depute to Central government offices under existing regulations, with no more than 40% of the entire cadre strength at any time.

 

Proposed Amendments:

  • It recommended adding a new condition to Rule 6(1): "Every State Government shall make available for deputation to the Central Government such number of eligible officers of various levels as the Central Deputation Reserve prescribed under the Regulations referred to in Rule 4." (1).
  • Decision Making: The number of officers to be delegated to the Central Government will be determined by the Central Government in collaboration with the State Governments involved.
  • Restrictions: If there is a disagreement, the affected state government must follow the existing decisions of the central government. The proposed amendment adds the word "within the specified time period".
  • Release date: Employees will be released from states from a date determined by the central government. Currently, civil servants need to obtain a permit from the state government for a central deputy.
  • Public Interest: In certain situations where the central government requires the services of executives in the "public interest", the state will implement that decision within a specific time limit.

 

Issues

  • Lack of officers: Various state / joint executives do not sponsor a sufficient number of officers. As a result, the number of officers available for central deputy is not sufficient to meet central
  • Violation of federalism: It goes against the spirit of collaborative federalism and affects the operation of the nation.
  • State administration is affected: It will not only affect state administration, but it will also make it impossible to evaluate and plan.
  • Escape Route: The proposed amendment also leaves the escape route in the country by providing that the number of civil servants seconded is determined by the central government "in agreement with their respective state governments".
  • Official Consent: The center requires the state government to provide a list of staff, but staff must also be willing to provide it. Rule 6 (2) states that an executive officer cannot be deputed without his consent.

 

Way Forward:

  • In 2020, DoPT changed and mandated the norms to ensure that more officers came to the
  • For IAS officers joining after 2007, they served as central deputies for two years during the first 16 years of service, and if they so desire, a common secretary rank for the future.