Relevance: GS-2: Important aspects of governance, transparency and accountability, Issues and challenges pertaining to the federal structure, Role of civil services in a democracy,

Key Phrases: All India Services (AIS), Deputation of IAS, Challenges in a federal structure, Issues In AIS, Deputation of civil servants, IAS(cadre)rules 1954, AIS conduct rules 1968.

Context:

• Recently the Government of India (GOI) admitted that fewer All India Services (AIS) officers working in States were willing to opt for tenure with the Union Government even for a shorter tenure of three to five years.

Background:

• Reports flagged by various agencies of GoI have shown that the deputation from States to the Union government has been uneven.
• Some States such as West Bengal, Rajasthan and Telangana have not nominated officers for deputation adequately to work with the Union government.
• Deputation as a percentage of the mandated reserves fell from 69% (2014) to 30% (2021) which has led to vacancies across Union government ministries.

The AIS : Present system

• Selection, appointment and Disciplinary actions:
  • The selection of AIS officers is done through the UPSC examination and the appointing authority for those shortlisted, currently lies with the Central government.
  • Appointment of officers is made to the States depending on each State's requirement.
  • Once an officer is deputed to the cadre of a state, the entire control and management including salary, transfers and postings, disciplinary action etc lies with the state government except that a State cannot impose a major penalty on a delinquent AIS officer for any misconduct.
  • Suspension of an officer from the service by a State government will have to be ratified by the Centre before the end of three months. This is meant to be a safeguard against any arbitrary action by a State government.
• Deputation:
  • In normal practice, the Centre asks every year for an “offer list” of officers of the All India Services willing to go on central deputation, after which it selects officers from that list.
  • AIS officers who want to work under the Union government can request the state government to relieve them from the cadre.
  • The state government will issue the officer a no-objection certificate or NOC, and the officer can then apply to the Union government which will then review the application and proceed.
  • States have to depute the All India Services (AIS) officers, to the Central government offices and at any point, it cannot be more than 40% of the total cadre strength.

Why the AIS officers are reluctant to take up Central Deputation?

• Rigorous work routine of the government of India and long working hours.
• Sometimes an officer becomes a subject of a tussle between the central government and state government if they are ruled by two different political parties.
• One needs to be extremely vigilant in the preparation and submission of reports going up the hierarchy.
• Fewer perks and comforts than what is available in a State environment posting.
• Strict protocols and less flexibility in exercising one’s authority and discretion.
• Reluctance in moving to distant places of posting from the home states or home cadres as only very few get cadres of their choice.

AIS Deputation : Current Scenario

• In the Indian Administrative Service (IAS)
  • According to the DoPT, only 10% of mid-level IAS officers were posted with the Union Government in 2021, a sharp fall from 19% in 2014.
  • Thus the manpower demands of GOI ministries (at the level of Deputy Secretaries and Directors who generally come from the IAS) are growing.
  • The Union government has introduced a lateral entry scheme meant for qualified personnel from the public and private sectors to manage the manpower at key positions.
  • However, the lateral recruit number is too small to make even a marginal difference to the deteriorating vacancy position at the Centre.
  • It is evident by the fact that UPSC recommended 31 candidates in 2021 and 9 candidates in 2019 under the “Lateral Entry “ system.
• In the Indian Police Service(IPS)
  • There are far too many vacancies in the Central Police Establishment comprising the paramilitary forces such as the CRPF, BSF, and CISF and investigating agencies like the CBI and NIA
  • Most of the higher positions in these forces are filled with the IPS and Cadre rules do not provide opportunities for the non-IPS officers thus virtually creating a higher demand for IPS officers.
  • The non-IPS are generally not allowed to head the forces because they lack the experience at the grassroots of policing essential to operate in unison with the local civil authorities.

Recent Developments in AIS :

• Proposed amendment to Rule 6 of the IAS(Cadre) Rules 1954:
  • The Union government has proposed to amend Rule 6 (deputation of cadre officers) of the Indian Administrative Service (Cadre) Rules 1954:
  • If the State government delays posting a State cadre officer to the Centre in 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 the names of such officers.
  • In case of any disagreement between the Centre and the State, the centre's decision will take effect.
  • In specific situations any officer can be deputed by the Central government in “public interest,” the State shall give effect to its decisions within a specified time.
• How it affects the Union state -relation
  • After the amendment is carried out, the Union government will acquire for itself overriding powers to transfer IAS and IPS officers through Central deputation.
  • It will do away with the requirement of taking the approval of the State governments thus undermining state governments.
• Challenges in implementation:
  • It is against the spirit of cooperative federalism.
  • 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.
  • The Centre could weaponise the bureaucracy against an elected State government.

Way forward:

• The AIS structure is unique to India and is too delicate to handle during a crisis and no public administration practitioner or scholar abroad can match them.
• The AIS gives effective coordination between the various institutions of governance, and also between different departments, bodies, etc.
• Today We need a stable system of civil services to bolster democratic and responsive public administration in our country.
• Thus the Union government should take the states in confidence before making any amendments to the AIS rules
• At the same time, States should cooperate with the central government and should avoid any tussle over the AIS officers so that the AIS officers can perform to the best of their abilities to take the country forward in the Azadi Ka Amrit Kaal.

Source: The Hindu

Mains Question:

Q. The increased tussle between the central and state governments over the AIS officers is jolting the effective administration and policy making. Discuss. (250 words).