Civil Service Rules Amendment

Context: On January 12, the Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with the deputation, and has sought the views of State governments before January 25, 2022.

Relevance: 

• Prelims: All India Services (AIS), Department of Personnel and Training (DoPT).
• Mains:
  • GS-II Indian Constitution- federalism, Centre-State relations, All India Services
  • GS-IV Ethics- Aptitude and foundational values for Civil Service

All India Services

• Historical background:
  • It was Sardar Patel who had 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.
  • Speaking to the Constituent Assembly on October 10, 1949, Patel said, “The Union will go, you will not have a united India if you have not a good All India Service which has the independence to speak out its mind, which has a sense of security….”.
• All India Services (AIS) are the best example under our constitution of cooperative federalism.
• The All India Services (AIS) comprises the three civil services of India:
  • Indian Administrative Service (IAS);
  • Indian Police Service (IPS); and
  • Indian Forest Service (IFoS).
• A unique feature of All India Services 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.
  • Hence, they have the accountability to serve both under the State and the Centre.
  • However, the Cadre Controlling Authority of AIS is the Union Government.

• Central deputation of All India Service officers:
  • The DoPT is the cadre controlling authority of IAS officers.
  • Cadre controlling authority for deputation of Indian Police Service and Indian Forest Service Officers (IFoS) is the Ministry of Home Affairs (MHA) and the Environment Ministry respectively.Federal Nature of AIS Officers:
  • To ensure the service of IAS officers at the Centre, suitable provisions have been made under the IAS (Cadre) Rules, 1954.
  • Central Deputation Reserve:
    • The State government has to prescribe a number of officers available for deputation as prescribed under the Central Deputation Reserve.
    • Every State cadre of the service provides for a Central deputation quota which in turn requires additional recruitment to be made to the service to provide for trained and experienced members to serve on posts in the Central Government.
    • The Indian Administrative Service regulations provide for Central Deputation Reserve (CDR) not exceeding 40 per cent of the Sanctioned Duty Posts (SDP) of a cadre/joint cadre.
    • The Central Deputation quota fixes the share of the Government of India out of the State cadre.
  • While the central services are fully administered by the union, the idea of All India Services has served the nation well and stood the test of time through a cordial working relationship between the union and states.
• 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.
  • In normal practice, the Centre asks every year for an “offer list” of officers of the All India Services willing to go on central deputation, after which it selects officers from that list.
  • Officers have to get a no-objection clearance from the State government for Central deputation.
  • States have to depute the All India Services (AIS) officers, to the Central government offices and at any point, it cannot be more than 40% of the total cadre strength.
  • 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, 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.
  • As per current rules, the Central deputation is
    • Consultative process: AIS officers are made available for central deputation through a consultative process involving the Centre, the States and the officers concerned.
    • Concurrence of the State government: The existing Rule 6(1) states that a cadre officer may be deputed to the Central Government (or to another State or a PSU) only with the concurrence of the State Government concerned.
  • Unfortunately, both the Centre and the States have at times flouted these healthy conventions for political considerations.
• Politicisation of the deputation process:
  • In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
  • Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delay their relief after they were picked up by the Centre.

Proposed amendments:

• The Central Government has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation.
  • 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.
  • 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.
  • 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.
  • In specific situations 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.
• Two of the four proposed amendments are disconcerting
  • Providing a fixed number of IAS officers for central deputation: 
    • The proposed amendment more or less compels a State government to offer IAS officers for central deputation even when these officers themselves may not wish to go on central deputation.
  • Requiring states to release the officer:
    • Based on experiences of the recent past, State governments have a justified apprehension that this proviso may be misused for political considerations.
• Reasons for these proposed amendments :
  • Various state/joint cadres are not sponsoring adequate numbers of officers for central deputation, as part of the Central Deputation Reserve.
    • As a result of this, the number of officers available for central deputation is not sufficient to meet the requirement at the Centre.
    • Officers working under deputation:
      • Only 10% of mid-level IAS officers were posted with the Union government in 2021, a sharp fall from 19% in 2014.
      • The decrease in the central deputation of IAS officers becomes even starker as the total pool of such officers at this level expanded from 621 in 2014 to 1130 in 2021, an increase of around 80%.
      • The percentage of CDR utilisation has gone down from 25 per cent in 2011 to 18 per cent now.
  • The non-availability of a sufficient number of officers is affecting the functioning of the Government since it needs these officers to obtain fresh inputs in policy formulation and programme implementation, to utilise their vast field experience by way of providing vital inputs for policy planning and formulation at the Centre.
• Reasons for the shortage of  IAS officers:
  • Poor working conditions in junior-level posts, an opaque and arbitrary system of empanelment for senior-level posts, and lack of security of tenure at all levels are the real reasons for the shortage of IAS officers.
• Impact of the amendments:
  • These proposed amendments to the IAS (Cadre) Rules would allow the Union government larger control over the deputation of IAS officials.
  • While the DoPT says the amendments seek to overcome the shortage of IAS officers in the Union government, the proposed new rules will also take away the power of states to veto New Delhi’s request for officers.
  • As of now, a total of six states have written to the DoPT opposing the rules.
  • Currently, states can veto an IAS or IPS officer’s Central deputation, or issue an objection or no objection notice.
    • The proposed amendment would take this power away.
  • 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”.

• Concerns:
  • The proposed amendments would adversely affect not only the character and functioning of bureaucracy, but also complicate the cadre management in the states. 
    • Infringement of rights of States:
      • The argument by most State cadres for not sponsoring the number of officers as per prescribed CDR is the shortage of officers in the cadre.
      • Thus only a few States have welcomed the move. Strong opposition has come from States as they see ‘politics’ in this move.
      • There is a feeling that the insertions in the Rules are unilateral as it makes it mandatory for the States to necessarily nominate officers for Central deputation, but whether to take the officer or not is left to the Centre.
      • Also, in case of a disagreement, the upper hand is with the Centre, thus distorting the federal structure.
      • States may prefer officers of the State Civil Services to handle as many posts as possible.
    • Impacts the morale of officers:
      • The contemplated changes have grave implications for the independence, security and morale of IAS officers.
      • Civil servants must be allowed to work with a free mind and stay apolitical.
      • Officers find themselves caught in the crossfire. Some see it as an ego tussle between the Centre and the States.
      • They feel that they belong to All India Service, so there cannot be any ownership.
        • They argue that there are services that belong to Central and State Services, so for those belonging to All India Service, it should be their choice where to work.
      • Many are not opting for Central deputation because they also see better career growth in the State.
      • There is also a sense of uncertainty regarding how many actually make it to the top ranks at the Centre and who will be unceremoniously repatriated if they don’t find a way with political setup.
    • Against cooperative federalism:
      • In S.R. Bommai vs Union of India (1994), the Supreme Court held that “States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre”.
• Government Stand:
  • The DoPT said that it is taking this decision in the wake of a shortage of All India Services (AIS) officers in Union Ministries.
  • According to the DoPT, states are not sponsoring an adequate number of officers for Central deputation, and the number of officers is not sufficient to meet the requirement at the Centre.

Conclusion:

• In a federal setup, it is inevitable that differences and disputes would arise between the Centre and the States.
• But all such quarrels should be resolved in the spirit of cooperative federalism and keeping the larger national interest in mind.
• If these proposed amendments are being done to gain greater control of the officers then this is not the way to go about it, trying to increase control will have its counter-effects, it will weaken the federal nature of the civil services.
• Instead of imposing restrictive provisions to usurp the powers of states, the union government can positively reconstruct the working/ service conditions for All India Service officers through a transparent empanelment process and by ensuring professional space and independence so that the officers opt for deputation to the union government voluntarily without any need for coercive rules.
• Sardar Vallabhbhai Patel envisioned the steel frame of India which has the independence to speak out its mind, which has a sense of security, where their rights and privileges are secured.