Federalism at Stake

Context:

  • The Union Government is planning to acquire for itself overriding powers to transfer IAS and IPS officers through central deputation.
  • Doing away with requirement of taking the approval of the state governments.
  • The Department of Personnel and Training (DoPT) wrote to the States that Union Government proposes to amend IAS (Cadre) Rules, 1954

Background:

  • The All India services are controlled jointly by Centre and the States, the ultimate control lies with the centre but the immediate control lies with the state.
  • Art 312 authorizes parliament to create new All India Services on the basis of a Rajya Sabha resolution to that effect.
  • Though the all India services violate the principle of federalism, they are supported on the grounds that:
  1. They help in maintaining high standard of administration in centre as well as in states
  2. Ensure uniformity throughout the country
  3. Facilitate liaison, cooperation and joint action on the issues of common interest between centre and the states.

Why opposition to it?

  • It is against the spirit of cooperative federalism
  • It as seen as weaponizing the bureaucracy against elected state governments.
  • It would drastically reduce the state’s control over the bureaucracy.
  • It would effect the governance and create legal and administrative disputes.
  • One of the major changes proposed is if the state government delays posting a state cadre officer to the centre and does not give effect to the Central Government’s decision within the specified time the officer shall stand relieved. Presently the officers have to get a NoC from the state government for Central Deputation.

Source: THE HINDU.

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