KOLKATA: Responding to the Centre’s revised proposal to amend the IAS rules that aimed to transfer the bureaucrats to central deputation without the nod of the state governments, Bengal CM Mamata Banerjee on Thursday wrote to PM Narendra Modi alleging that the revised amendment proposal is "draconian" and "against the foundations" of the federal polity.
In her communique to PM Modi, Mamata said the amendment will hang on the head of each IAS officer like a "Damocles’ sword" and will create "fear psychosis". This is bound to impact the officers’ performance and accountability to the state government, she said.
The Department of Personnel and Training (DoPT) earlier wrote to the states on three occasions and the last communication was made on January 12 with the revised proposed amendments.
Placing strong objection in Thursday’s letter, Mamata said, "I find the revised amendment proposal more draconian than the former, and indeed its very grain is against the foundations of our great federal polity and the basic structure of India’s Constitutional scheme."
"It is going to completely render them (officers) and all the State Governments at the mercy of the central government since the All India Services serve as the backbone of a State’s administrative machinery. It will hand on the head of each officer of the All India Services like a Damocles’ sword."
Mamata urged PM Modi to reconsider this move and not to go ahead with the proposed amendments which will reduce the so-called "steel-frame" of India to an entity functioning in fear, pressure or intimidation.
The latest communication with the states mentioned a few amendments to IAS rules. One of the major changes proposed is if the state government delays posting a state cadre official to the Centre and does not give effect the central government’s decision within the specified time, the officer shall stand released from the state cadre. At present, officers have to get a no-objection clearance from the state government.
The other change is 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 eligible the names of such officers. According to the existing practice, states have to depute officers to the central government and at any point, it cannot be more than 40% of the total strength of the state’s cadre.
The third proposed amendment says in case of any disagreement between the Centre and the state, the matter shall be decided by the central government and the state shall give effect to its decision within a specified time.
The fourth change mentions that in a specific situation where services of cadre officers are required by the Centre in "public interest", the state shall give effect to its decision.
Retired bureaucrats opine that the proposed amendment might create insecurity among the officers. "The move may cater to opportunities to political leaders to remove or bring one of their choices. For example, a state-level leader of a political party which is in power at the Centre may use his influence to remove an officer," said a retired bureaucrat of West Bengal cadre.
Another former IAS officer said, "At present, an officer can move the Central Administrative Tribunal (CAT) in his or her state if they are not ready to join the central deputation. But the proposed amendments indicate he or she may have to move CAT Delhi to register his or her objection," he said.