Proposed amendment to All-India Service Rules: Telangana CM KCR calls it ‘unconstitutional’
Considering the criticality of functions discharged by AIS officers in the states, the present rule position and practice provides for concurrence of state governments in matters of deputation of officers to the Central government.
The Telangana Chief Minister K. Chandrasekhar Rao has strongly opposed the Centre’s proposal to amend the All India Services (Cadre) Rules, 1954, “which militate against the federal structure of the Constitution, both in letter and spirit.”
In a letter addressed to the Prime Minister Narendra Modi on Monday, KCR said the proposed amendments will seriously erode the All-India Service character of the IAS, IPS and IFS. “Telangana state government, therefore, strongly oppose the proposed amendments,” he wrote.
The proposed amendment seeks to unilaterally disturb the this position, with the Central government assuming the power to take officers on deputation without concurrence of the officers or state government concerned, he stated.
“This is a dangerous move which is against the constitutional framework and spirit of cooperative federalism. If the proposed amendments are enacted by the Union government, the state governments will be reduced to be insignificant entities,” KCR said.
He further added that the proposal is clearly a move to exercise indirect control by the Central government on officers working in the states. It amounts to interfering in the functioning of the state governments, targeted harassment of officers and their demoralisation, besides impacting accountability of officers to the state governments, he said, adding that the move would also render state governments as helpless entities in matters of AIS officers.
The Parliament has enacted All India Services Act, 1951 under the provisions of Article 312 of the Constitution and the government of India has made various Rules under the said Act. “However, I strongly object to the coloured exercise of powers vested with the government of India to amend IAS/IPS/IFS Cadre Rules 1954 to the detriment of the interest of the state and watering down the federal polity of the country,” KCR said.
The Telangana CM lashed out at the Centre stating that the proposed amendment to the All India Services Cadre Rules, 1954 is nothing but amending Constitution of India relating to the Centre-State relations. “Instead of such backdoor method of amending the AIS Rules, the Centre should muster courage to amend the provisions by the Parliament,” he said.
I am sure, you will appreciate that the makers of the Constitution had the foresight to ensure that the states’ views are taken if any Constitutional amendment is proposed, which affects the interests of the states (Article 368(2)). However, by this proposed amendment to AIS Cadre Rules 1954, the government of India is violating the spirit of the Constitution, which is highly objectionable, Rao said.
The proposal shows scant regard to the administrative exigencies and requirements of the states. The proposed amendments threaten the spirit of mutual adjustment and accommodation between states and Central governments in the matter of shared All-India Services and will further strain the Centre-state relationship.
“The present provisions of AIS Cadre Rules are adequate to ensure harmonious and balanced deployment of officers. Therefore, I demand the government of India to cease and desist from the proposed amendments in the interest of administrative fairness and federal polity of our constitution,” KCR said.
