THE proposal to change central deputation rules of Indian Administrative Service (IAS) officers has escalated into a major conflict between the centre and states. On January 12, the Department of Personnel and Training (DoPT) had written to states on the Union government's proposal to amend Rule 6 (deputation of cadre officers) of the Indian Administrative Service (Cadre) Rules 1954.
The proposed rules enable the centre to acquire overriding powers in matters of transfer of IAS officers through central deputation. In the process, approval of the concerned state government has been done away with. This has become a new flashpoint in centre-state relations, especially with Opposition-ruled states. In the larger context, the concept of federalism is under test and the Constitution is also facing a challenge.
Justice MN Venkatachaliah, former chief justice of India and Chief Patron of India Legal, said: “The Indian Constitution is strong enough to take care of it. It is federal when it is desirable to promote federalism; it can be unitary in times of crisis. Therefore, the framework of the Indian Constitution is resilient. It been tried out for 70 years. I think the next generation of Indians with the experience they have had will manage it much better."
DoPT had sent a list of proposed amendments to the chief secretaries of all states. If the proposed rule gets into the rulebook, then the centre's demand for deputation will have to be complied with, irrespective of the consent of the state government concerned. This will also seriously erode the All India Service character of the IAS. The proposal shows little regard to the administrative needs and requirements of the states.
This story is from the February 14, 2022 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the February 14, 2022 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
