Centre's proposed amendments to IAS cadre rules unconstitutional: KCR

Hyderabad: Telangana Chief Minister K. Chandrasekhar Rao on Monday wrote to Prime Minister Narendra Modi urging the Centre to drop the proposed amendments to the Indian Administrative Service Cadre Rules they violate the spirit of the Constitution.

The Centre has proposed amendments to the IAS (Cadre) Rules in order to exercise greater control in Central deputation of IAS officials which has often created tussles between the Centre and the states.

In his letter, KCR said the proposed amendments militate against the federal structure of the Constitution, both in letter and spirit. Further, the proposed amendments will also seriously erode the All-India Service character of the IAS, IPS and IFS. Telangana state government, therefore, strongly oppose the proposed amendments, he said.

"Considering the criticality of functions discharged by IAS officers in the states, the present rule position and practice provides for concurrence of state governments in matter of deputation of officers to the Central government. The proposed amendment seeks to unilaterally disturb the above position, with the Central government assuming the power to take officers on deputation without the concurrence of the officers or state government concerned. This is a dangerous move that is against the constitutional framework and spirit of cooperative federalism. If the proposed amendments are effected by the government of India, the state governments would be reduced to insignificant entities," wrote KCR.

He also 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 demoralization, besides impacting accountability of officers to the state governments, KCR said. It would also render state governments helpless entities in matters of IAS officers.

"I do agree that the Parliament has enacted the 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 colored 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. The proposed amendment to the All India Services Cadre Rules 1954 is nothing but amending the Constitution of India relating to the Centre-state relations. Instead of such backdoor methods of amending the IAS Rules, the government of India should muster the courage to amend the provisions by the Parliament," said the CM.

He said the proposal shows scant regard for 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 Center-state relationship, KCR said.