The new proposal given by the Union Ministry of Home Affairs to change the deputation rules of Indian Police Service (IPS) officers needs to be implemented with a lot of caution. As per reports, the Ministry’s move includes barring Central deputation of the IPS officers, who do not come under Central deputation at the Superintendent of Police (SP) or Deputy Inspector General (DIG) level, for rest of their career.
The proposal could escalate the existing tension between the Centre and the State Governments on the issue of deputation. The States view the rules giving the Centre unilateral powers to impose its decision on deputation-related matters as violation of the federal structure enshrined in the Constitution. This year in January, several States, including a few where the BJP holds office, had expressed strong disapproval and resentment to the proposal to change the service rules of IAS, IPS and Indian Forest Service officers.
Besides, in February this year, there was another instance of resistance and criticism to the decision to do away with the empanelment requirement for DIG-level IPS officers for Central deputation. So, the Home Ministry’s new proposal could add further substance to the deputation-related disputes between the Centre and the States.
For quite some time now, the States are differing in opinion with the Centre on many issues right from Covid vaccine supply, allocation of GST revenues, jurisdiction over the BSF and the role and functions of enforcement agencies like the CBI, Narcotics Bureau, Enforcement Directorate and Income Tax Department. Often due to political differences and owing to the ensuring of strict discipline and transparency in administration by the Central Government, even the legitimate use of the enforcement agencies is compared to that with the Indira Gandhi era when the Union Government frequently resorted to the most unconstitutional ways of dealing with the States.
Consequent upon this political propaganda and due to the influence of the rogue elements and vested interest groups operating in and out of the system, at least nine States have withdrawn their consent to the CBI from conducting investigations.
So, now it is important that the Centre takes adequate steps and caution not to complicate matters by pulling in the administrative and law enforcement agencies together in this atmosphere of tension.
Prime Minister Narendra Modi has an impeccable track record of leading by example when it comes to cooperative federalism; and now when the Home Ministry’s new proposal is before the Prime Minister’s Office (PMO) for approval, it is hoped that the PMO embarks upon the right path as it has always done to course-correct the differences between the Centre and the States by taking the States into confidence and making them understand the need for this proposal. Over the years, many committees have recommended strengthening of Inter-State Council, which can be the best forum to resolve such issues with efficiency and can be helpful in the long term for resolving various issues between the Centre and the States.
The Home Ministry’s new proposal is aimed at overcoming the shortage of officers at the SP and DIG levels at the Centre. Such shortage of the IPS officers can be traced back to the time-appropriate decision of the Atal Bihari Vajpayee Government in 1999-2002 to reduce the size of new IPS batches which has unfortunately not been changed by enhancing the size of IPS batches according to the demand of the time. Therefore, the Central Government should think of enhancing the size of the IPS batches and necessary steps should be taken in this regard.
Having said that, the new proposal of the Home Ministry shouldn’t become an issue and a cause of another dispute between the Centre and the States and that the States should be well-explained about the need and necessity of this move. It is time when both the Centre and the States appreciated the phrase ‘pragmatic federalism’ used in SR Bommai Vs Union of India, where Justice Ahmadi in his words said, “....It would thus seem that the Indian Constitution has, in it, not only features of a pragmatic federalism which, while distributing legislative powers and indicating the spheres of governmental powers of State and Central Governments, is overlaid by strong unitary features...”
(The writer is an Additional Central Government Standing Counsel, Central Administrative Tribunal, Cuttack Bench and a Distinguished Adjunct Professor of Law and Media Studies, School of Mass Communication, KIIT University. Views are personal)
