The Central Government through Department of Personnel and Training (DoPT) has proposed four amendments to Rule 6(1) of the IAS (Cadre) Rules, 1954 dealing with deputation, and has sought the views of State governments before January 25, 2022.
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. But the proposed amendments contain the following proviso: 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.
According to the DoPT, this decision is taken in the wake of a shortage of All India Services (AIS) officers in Union Ministries because, states are not sponsoring an adequate number of officers for Central deputation.
On the other hand, the opposition consider these amendments to be against the spirit of cooperative federalism. They believe that the proposed amendment would weaken the State’s political control over the bureaucracy. It would hobble effective governance and create avoidable legal and administrative disputes.
Such reservations have led 9 states to oppose the proposed amendments.