The Central Government’s draft amendment of the IAS cadre rules is facing stiff resistance from several state governments including those ruled by NDA. The West Bengal Chief Minister Mamata Banerjee does not seem to mince words while criticising it, calling it more ‘draconian’ than the former.
Mamata Banerjee said that the new rules goes against the foundation of the federal policy and the basic structure of Constitutional scheme. In a previous letter, dated January 13, Mamata Banerjee had written to Prime Minister Narendra Modi urging him to not go ahead with the proposal.
And that’s not all. Resistance is mounting from more states to the Centre’s proposed changes in rules that give it overarching powers to decide on the posting of IAS officers. The Maharashtra government, has decided in a Cabinet meeting to ‘strongly oppose’ the changes. Odisha is also opposing the draft.
Till now, at least five states have sent letters to the Centre opposing the proposed changes in the IAS cadre rules. Madhya Pradesh, Bihar and Meghalaya have also joined with West Bengal and Odisha to oppose the move. Maharashtra government said it will send a letter to the Centre opposing the move. The deadline for states to respond was extended from January 5 to January 25.
What are the proposed changes to the IAS cadre rules?
In its latest draft, the Union government has proposed two more amendments to the IAS (Cadre) Rules, 1954.
This will enable it to post IAS officers on central deputation, bypassing reservations of state governments.
Amendments give it powers to call any IAS officer on Central deputation in public interest within a stipulated time frame.
In case the state fails to relieve the officer, he/she would be deemed relieved following the due date fixed by the Centre.
In its amendment, the Centre has also proposed to insert a provision in Rule 6 of IAS (Cadre) Rules, 1954.
Rule 6 states an IAS officer can be posted on central deputation with the concurrence of the state government concerned.
The Centre has proposed to keep this part of the rule intact, but has added a provision to it.
Mamata Banerjee’s objections to the proposed changes
Revised amendment proposal more draconian than the former and is against the foundations of great federal polity.
The power proposed to be usurped by the central government is unconstitutional on the face of it.
It enables transfer of IAS and IPS officers through central deputation, doing away with taking the states’ approval.
By resorting to over-centralisation of powers, the morale and freedom of the All India Service officers will be destroyed.
It is going to completely render the IAS officers and all the state governments at the mercy of the Central government.
The All India Services serve as the backbone of a state’s administrative machinery, Mamata Banerjee wrote.
The amendment, if carried out, will be like a Damocles’ sword hanging over the officers and create a ‘fear psychosis’.
The fear psychosis is bound to impact their performance, effectiveness and accountability to the state government.
