All you need to know about Centre-State row on IAS officers

The Union and State governments are involved in yet another tussle over power-sharing in a federal set-up, this time on Central deputation of IAS (Indian Administrative Services) officers. West Bengal, for one, has raised objections to the Centre’s proposal to acquire overriding powers that let it transfer IAS and IPS officers bypassing the existing caveat of State government approval.

While it has escalated now, the issue of control over IAS and IPS (Indian Police Service) postings has been simmering for a long time. The bone of contention in the current row is Central deputation in the State IAS cadres.

What is Central deputation? How does it work?

Every year, the Centre chooses officers from an offer list of IAS and IPS officers from the State cadre, who are willing to go on Central deputation. Once posted, these officers will work for Central ministries, other States or any other entity, rather than for the State governments they originally reported to. Under the existing law, the Union government can transfer officers to its services only with State government approval.

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“A cadre officer may, with the concurrence of the State Government 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,” says Rule 6 (1) of the IAS (Cadre) Rules, 1954.

In case there’s a disagreement, the Centre will decide the matter, which the State government has to abide by.

What does the Centre plan to change now?

As of January 2021, less than 460 of 5,200 IAS officers in the country were on Central deputation. The Centre has for long been saying the number is highly inadequate, and States must facilitate a larger number of transfers.

In 2021, just 10% mid-level IAS officers were posted with the Union government, against 19% in 2014. On the other hand, the total number of officers at this level has risen a sharp 80% from 621 in 2014 to 1,130 in 2021, data reveal.

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“Various State/joint cadres are not sponsoring adequate number of officers for Central deputation, as part of the Central Deputation Reserve,” said a letter dated December 20, 2021, from the Department of Personnel and Training (DoPT) to State governments. “As a result of this, the number of officers available for Central deputation is not sufficient to meet the requirement at the Centre.”

To address the situation, the DoPT proposed to insert an additional condition in Rule 6(1). “Provided that each State government shall make available for deputation to the Central government, such number of eligible officers of various levels to the extent of the Central Deputation Reserve prescribed under Regulations referred to in Rule 4(1), adjusted proportionately by the number of officers available with the State government concerned vis-à-vis the total authorised strength of the State cadre at a given point of time,” it said.

While the earlier rule did say the State government should abide by the Centre’s decision, it did not mention a time frame, which has been introduced now. “In case of any disagreement…the State government…shall give effect to the decision of the Central government within a specified time,” said the new rule.

Why are the States up in arms?

After releasing the DoPT mail, the Centre sought comments by January 25, 2022, and sent reminders to the State governments, too. A few States responded, and some objected to the changes. West Bengal has been vociferous in its disagreement, saying the uncertainty of posting will hamper the IAS officers’ work under the State government.

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The new rules are “against the spirit of cooperative federalism” and “will affect administration in the State”, said West Bengal Chief Minister Mamata Banerjee in a letter to Prime Minister Narendra Modi. The DoPT functions under the Ministry of Personnel, Public Grievances and Pensions, which Modi handles.

“I express my strong reservations to the approach followed by the Central government in proposing such amendment to the Cadre Rules which unilaterally mandate the State government to make such a number of officers available for deputation as prescribed under (the) Central Deputation Reserve,” she said. “By insisting on officers to be made available for deputation through the proposed amendment, not only will the administration of States be affected but also it would become impossible to assess and plan the administration of a State — by engaging such officers who form part of the Central Deputation Reserve, fraught with the uncertainty of their sudden deputation by the Centre.

Does the IAS officer have any say?

Under the rules, the concerned officer must be willing to be transferred. “No cadre officer shall be deputed to any organisation or body of the type referred to in item (ii), except with his consent,” says Rule 6 (2).

Further, the existing rules do not specify the course of action if an officer does not comply with the Central deputation order, or if the State government refuses to relive him/her. What also works in the officer’s favour is that the Union government cannot take action against any IAS or IPS officer serving in State cadre.

Last year, the West Bengal government gave IAS officer Alapan Bandyopadhyay a three-month extension after he retired as Chief Secretary. On the day of his retirement, he was asked to report to the Union government. Neither did the officer comply with the order, nor did the CM relieve him. He is currently serving as Chief Adviser to the CM.

Tamil Nadu has also had its share of rows with the Centre over IAS officer posting. Twice — in 2001 and 2014 — the late J Jayalalithaa, who was the Chief Minister both the times, refused to accept Central orders on IAS officer deputations.