Chief Minister K. Chandrasekhar Rao on Monday wrote a letter to Prime Minister Narendra Modi expressing his strong protest against the proposed amendments to the All India Services (Cadre) Rules, 1954, by the Centre.
He demanded the Centre to cease and desist from the proposed amendments in the interest of administrative fairness and federal polity of the Constitution. The present provisions of AIS Cadre Rules were adequate to ensure harmonious and balanced deployment of officers, he said.
The amendment to the AIS Cadre Rules was nothing but amending Constitution of India relating to Centre - State relations. Instead of such backdoor method of amending the AIS Rules, the Centre should muster courage to amend the provisions in Parliament, he added.
On the face of it, Mr. Rao said the proposed amendments militated against the federal structure of the Constitution both in letter and spirit. They will also seriously erode the AIS character of IAS, IPS and IFS. Therefore, Telangana government strongly opposed the proposed amendments.
Considering the criticality of functions discharged by AIS officers in the States, he said the present rule position and practice provided for concurrence of State governments in matters of deputation of officers to the Central government. The amendments sought to unilaterally disturb the above position with the Central government assuming the power to take officers on deputation without concurrence of the officers or State governments. This was a dangerous move which was against the constitutional framework and spirit of cooperative federalism.
If the amendments were effected by Centre, the State governments would be reduced to be insignificant entities.
The proposal was clearly a move to exercise indirect control by the Central government on officers working in the States. It amounted 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. It would also render State governments as helpless entities in matters of AIS officers.
Mr. Rao agreed that the Parliament had enacted AIS Act, 1951, under the provisions of Article 312 of the Constitution and the Central government had made various rules under the said Act. However, he said he strongly objected to the coloured exercise of powers vested with the Centre 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.
He said he was sure Mr. Modi will appreciate that the makers of the Constitution had the foresight to ensure that the States views were taken if any Constitutional amendment was proposed which affected the interests of the States (Article 368 (2)). However, by the amendment to AIS Cadre Rules, the Centre was violating the spirit of the Constitution which was highly objectionable.
The proposal showed scant regard to the administrative exigencies and requirements of the States. The amendments threatened 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.
