IAS cadre rules

Why in news?

• The Centre has proposed an amendment to the IAS Cadre Rules which would enable it to post IAS officers on central deputation bypassing reservations of the state governments, a move which will give the government more say in the deputation process.

About All-India Services:

• Articles 308 to 314 in part XIV of the Constitution contain provisions with regard to All-India services, Central services and State services.
• All-India services are those services which are common to both Central and state governments. The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns.
• At present, there are three all-India services. They are:
  • Indian Administrative Service (IAS)
  • Indian Police Service (IPS)
  • Indian Forest Service (IFS)
• Article 312 makes the following provisions in respect of all-India services:
  • (a) The Parliament can create new all-India services (including an all-India judicial service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest to do so. Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting. This power of recommendation is given to the Rajya Sabha to protect the interests of states in the Indian federal system.
  • (b) Parliament can regulate the recruitment and conditions of service of persons appointed to all-India services. Accordingly, the Parliament has enacted the All-India Services Act, 1951 for the purpose
  • (c) The services known at the commencement of the Constitution as the Indian Administrative Service and the Indian Police Service are deemed to be services created by Parliament under this provision.
  • (d) The all-India judicial service should not include any post inferior to that of a district judge6. A law providing for the creation of this service is not to be deemed as an amendment of the Constitution for the purposes of Article 368. Though the 42nd Amendment Act of 1976 made the provision for the creation of all-India judicial service, no such law has been made so far.

All-India Services Act:

• The All-India Services Act of 1951 authorised the Central government to make rules in consultation with the state governments for the regulation of recruitment and service conditions of the members of all-India services.
• The members of these services are recruited and trained by the Central government but are assigned to different states for work. They belong to different state cadres; the Centre having no cadre of its own in this regard.
• They serve the Central government on deputation and after completing their fixed tenure they go back to their respective states. The Central government obtains the services of these officers on deputation under the well-known tenure system.
• It must be noted here that irrespective of their division among different states, each of these all-India services form a single service with common rights and status and uniform scales of pay throughout the country. Their salaries and pensions are met by the states.
• The all-India services are controlled jointly by the Central and state governments. The ultimate control lies with the Central government while the immediate control is vested in the state governments.
• Any disciplinary action (imposition of penalties) against these officers can only be taken by the Central government.

Existing rule on central deputation:

• Central deputation in the Indian Administrative Service is covered under Rule-6 (1) of the IAS (Cadre) Rules-1954, inserted in 1969.
• 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.

The proposed amendments:

• The proposal will give greater say to the Centre.
• This proposal comes as various state cadres were found to be not sponsoring an adequate number of Indian Administrative Service (IAS) officers as part of the central deputation reserve.
• The amendments enable the Union government to seek the services of an IAS, IPS and IFoS officer posted in a State even without the State government’s consent.
• 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 concerned shall give effect to the decision of the central government “within a specified time”.

PRACTICE QUESTION:

Which of the following statements are correct regarding ‘All-India Services’?

1. The Parliament can create new all-India services, if the Lok Sabha passes a resolution to that effect.

2. All-India Services Act of 1951 authorised the state government to make rules for the regulation of recruitment and service conditions of the members of all-India services

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer