“The Constitution cannot protect us unless we protect the Constitution. — Thomas Sowell”. The Tribune, Chandigarh
Highlights By: Balbir Singh Sooch-Sikh Vichar ManchTussle over officers: Centre must work collaboratively with states:The Centre has proposed four amendments to the rules dealing with the deputation of IAS officers to the Centre, and has sought the views of state governments by January 25, 2022. https://www.tribuneindia.com/
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Highlights Forwarded By: Balbir Singh Sooch-Sikh Vichar Manch
“The Constitution cannot protect us unless we protect the Constitution. — Thomas Sowell”. The Tribune, Chandigarh
One, new rules will make it mandatory for the states to provide a specific number of IAS officers to the Centre on deputation every year;
Two, in the case of a disagreement between the Centre and a state, the matter would be decided by the Centre ‘within a specified time’ and ‘the officer shall stand relieved from cadre from the date as may be specified by the Central Government’.
This does away with the requirement of a clearance from the state government. Also, the consent of the officers — which is respected as per existing rules — will become irrelevant.
West Bengal CM Mamata Banerjee has argued that the proposed amendments are against the ‘spirit of cooperative federalism’. Kerala’s law minister has said his government would oppose the amendments if they ‘infringed on the cardinal principle of federalism’, while reports from Maharashtra say the government would contest the changes.
(i) Forcing these changes on the states would be against the spirit of federalism.
(ii) For AIS officers to discharge their duties to the best of their abilities, they must be free of the fear of compulsory posting away from, say, a development project or a politically sensitive case over which the Centre and State might be clashing.
(iii) In the past, when the Central and state governments have differed over postings of officers, the will of the states has been mostlY Tolerated
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