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IAS officers and Government of India deputation

A controversy is raging these days regarding the proposed amendments to the IAS (cadre) rules proposed by the Central Government. Several states have reacted strongly opposing these amendments as they feel that this would give Government of India much greater control over the posting of IAS officers to the Center. This amendment is agitating the State Governments more because of certain recent orders issued by Government of India like those relating to the Chief Secretary of West Bengal and some senior officers of the same state.

To put the matter in perspective it is important to understand the current rules regarding deputation. Central deputation in the Indian Administrative Service (IAS) is covered under rule 6(1) of the IAS cadre rule 1954 inserted in May 1969 which states that “a cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government”. It further states that “provided that in the case of any disagreement, the matter shall be decided by the Central Government and the State Government concerned shall give effect to the decision of the Central Government”.

There were around 5200 IAS officer in the country as on January 1, 2021 and 458 were on central deputation. The Central Government is concerned because the required numbers of officers are not coming forward for central deputation and the Government of India is facing a shortage of officers. Central Government wrote to the State Governments recently pointing out that States were not sponsoring adequate number of officers for central deputation. Depending upon the strength of the IAS officers in a particular state a central deputation reserve is created which indicates the number of officers, at various levels, who are eligible for Government of India deputation. On the basis of this the Central Government asks for an “offer list” of officers from which it selects the required officers. The Government of India has now proposed an additional condition in 6(1) which states “provided that each government shall make available for deputation to the Central Government such number of eligible officers of various levels to the extent of the central deputation reserve”. It goes on to add that “the actual number of officers to be deputed to the Central Government shall be decided by the Central Government in consultation with the State Government concerned”. It also says that in the event of any disagreement the State Governments shall give effect to the decision of the Central Government within a specified time. In the letter written to the State Governments the Central Government has also said that “in specific situations where services of cadre officers are required by the Central Government in public interest the Central Government may seek the services of such officers for posting under the Central Government”. The states realized that through these changes the Government of India is taking greater control over the IAS officers and this is the reason why they are objecting quite vociferously.

It is significant to note that the willingness of the officer concerned to go on deputation on to Government of India is essential as per rule 6(2) which states that “no cadre officer shall be deputed except with his consent”. The clause about posting the officers in Government of India in public interest appears to override this crucial requirement of the willingness of the officer concerned. In effect it would mean that any time the Central Government can pull out an officer from the State Government to serve in Government of India irrespective of the willingness of the State Government or the officer concerned. This has become the real bone of contention, particularly, in the light of recent examples of West Bengal and earlier Tamil Nadu.

Most states are having a central deputation reserve shortfall. Over 14 states have a CDR shortfall over 80 percent with the West Bengal figure being 95% and it is above 90% for MP, Haryana and Telengana. It is a fact that most states are not meeting their CDR obligations. This is not in consonance with the concept of an all India service. This is happening  even though the annual recruitment to the service has gone up since 2000. There is a particular shortage at the level of Joint Secretaries, Directors and Deputy Secretaries. This is definitely a genuine problem which needs to be resolved through consultation between States and Central Government.

It is also essential to understand the concept of All India Services as well as the federal structure of the constitution. The idea behind the creation of All India Services like IAS has been to have a common perspective between the State Governments and Government of India and that States should also function towards achievement of national goals. On selection, IAS officers are assigned to a State cadre where they serve in the district and State Secretariat and acquire knowledge about the ground level realities. They can also opt for central deputation and generally they spend 5 years in Government of India if selected and acquire a national and international perspective. He carries his experience back to the state after his central deputation period is over. The All India character the service is maintained by the mechanism of giving 1/3 of the vacancies in a state in a particular year to candidates who belongs to the state and the balance is given to the officers from outside the state.

I think the most import point is that there should be a willingness on the part of the officer to go to Government of India. He should not be forced to do so. Central Government must analyse why officers are not offering themselves for Government of India. At the Deputy Secretary/ Director level the main issue is that at the same level of seniority the officer is working either as a District Magistrate or head of department or some other important post in the state where he has a lot of authority to take decisions and the job is immensely satisfying. Further, creature comforts like a vehicle, house, schools for children and availability of health care are available. At the Deputy Secretary level in Government of India many of these hygiene factors are absent and even the job content is such that very few decisions are taken at that level and the officer is primarily involved in pushing files. If Government of India really wants officers to opt for Government of India at this level of seniority it should focus on taking steps to enrich the job content and also provide basic creature comforts. I am surprised why there are less officers on offer for the Joint Secretary (JS) level posts because the JS is a crucial person in Government of India and most decisions are taken by her and she contributes in a big way to the working of the department. The reasons for the shortage at JS level would need to be studied. I feel one reason could be that lesser number of officers were recruited into the IAS between 1990 and 2000 as a measure to slim down the bureaucracy which was misplaced and from 2000 onwards more officers are being selected into the IAS.

The states are also guilty of not sparing officers for Government of India postings on the grounds that they are doing some very important work and they cannot be allowed to go. They have been instances where due to political reasons the names of officers are not forwarded to Government of India. I feel it is the responsibility of the State Governments to have the required number of officers in the central deputation reserve. There after deputation to Government of India can take place on the basis of willingness of the officers and consultation between the two governments. This is how the character of the all India services can be maintained and also it is in accordance with the federal nature of our union. The problem only comes when political reasons start influencing this process either from the Government of India or State Government level.

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Urgency for reforms

Indian bureaucracy is in dire need of reforms to ensure its independent and harmonious functioning, as also to hold it accountable to the people

I had the opportunity of chairing a session in the annual convention of the Lucknow Management Association (LMA) on the very important topic of governance reforms for the transformation of Uttar Pradesh (UP). My session was on bureaucratic reforms and leadership development. The panel consisted of illustrious speakers like ex CAG and IAS officer Vinod Rai, Pradeep Mehta of CUTS International and Himanshu Rai, Director, IIM Indore. Though the focus was specifically on the state of UP, the webinar had a larger relevance in the context of the entire country as it is clear that good governance is essential to make India a developed economy. Various studies have established a clear correlation between good governance and pace of growth of GDP. Very often it has been argued that various political parties on coming to power come up with a large number of infrastructure projects and development schemes but have not made any substantial reforms in public governance.

Good public governance is about a system where there is accountability, transparency, impartiality, fairness and integrity. The institutions of governance have to perform their designated roles. It is important that quality public services are delivered to the citizens, which is the ultimate goal of good governance. There is no denying the fact that there is a need for greater result and outcome orientation in the government system. Bureaucratic reforms are an essential component of governance reforms.

Curiously, whenever there is a discussion on bureaucratic reforms, the talk centers on reforming the Indian administrative services (IAS). It is true that IAS is at the top of the bureaucratic structure but it accounts for much less than one per cent of the total bureaucracy. Merely reforming the IAS will not change everything as reforms have to travel down to the last level of the bureaucratic ladder. I can give a classic example of this from my experience in UP. At the top level, we went through several sessions of discussions, formulated policies and issued detailed government orders regarding ease of doing business. We were rewarded for this by attaining a high rank amongst the States in the ease of doing business rankings. However, despite our claim that all clearances should be given online, the prospective entrepreneur had to vigorously follow up at the lower level of bureaucracy to actually get his work done. For example, we found that though online clearance for power connection was given, the entrepreneur did not get the connection for a long time and had to constantly make an effort to contact the junior engineer to get the job done. Ease of doing business failed at the last stage of implementation. It is for this reason that it is important to consider changing the mindset of the entire bureaucracy and not merely the IAS.

The panelists rightly felt that there was a perception about the bureaucracy being unresponsive, insensitive and insulated from people. It is up to the officers themselves to look within and alter their working style to make it people-oriented or citizen-centric. For this they will have to look at themselves as providers of public services to the people and not as rulers. This requires an immense amount of humility, empathy and compassion. Training and orientation programmes can help in bringing about this attitudinal change. However, the real change will come if there is an inbuilt system of reward and punishment which rewards the right kind of behaviour and result orientation. It is not as easy as in the private sector to have quantifiable targets for issues relating to public policy. However, some degree of quantification is definitely possible. There are performance evaluation systems which can be designed to accurately measure the attitudinal aspects also.

For bureaucracy to perform, it has to come out of the maze of rules, processes and regulations, under the garb of which it generally shelters itself. This is possible with wide-ranging reforms in the entire system of governance where an officer is not penalized for bonafide actions done in public interest. We need these reforms to ensure a system of prompt decision-making which is the basis of good governance. Above all, the bureaucracy today needs to be innovative and always ready to take initiative in resolving problems of the people with a positive orientation.

It is not that the bureaucracy cannot perform. There are several instances of outstanding work done by the officers. Two recent examples are the vaccination drive against Coronavirus and the development of Kashi Vishwanath Temple corridor. I remember, during my tenure as Chief Secretary from 2014–16, we implemented game-changing projects like construction of Lucknow-Agra expressway, Lucknow Metro and Dial-100 in a record time with no cost overrun. The quality of execution was also exemplary. Even today, officers in the districts are doing a lot of good work which is not being recognised because of lack of documentation.

Good governance requires a relationship of mutual trust between the politicians and the bureaucrats. They are like two wheels of a vehicle which have to move in tandem otherwise the vehicle will not be able to move. Unfortunately, the instances of political interference in governance are on the rise. The mechanism of transfers is used by the political executive to control the working of the officers. Senior officers are not able to get the team they want because of this interference. It is well known that unless you have the right man on the right job it becomes difficult to deliver results. Today it is almost impossible for an officer to have a team of his choice.

It is necessary to develop leadership qualities at all levels of bureaucracy. The officers have to be trained to work in teams and be motivated and inspired to achieve the goals set for the organisation. They must develop the quality of reflective listening which means absorbing the opinions of others and also developing crucial negotiation skills. The bureaucracy has to implement laws in true spirit and provide justice to all citizens. They should wield power for the benefit of the citizens and development of the country. A system should be evolved where the officers need not reinvent the wheel every time but learn from the best practices of others.

Bureaucratic reforms are possible if there is a political will to do so. I hope that the mission Karamyogi started by the Government of India will prove to be a positive step in this direction. The bureaucracy must appreciate that the real test of their performance is in the hands of the citizens. They must deliver if they want respect. It is urgently required to reform the system of governance and make it accountable to deliver outcomes without which the bureaucracy shall never be able to justify itself.