Kashish Jain
Supreme Court dismissed a Public Interest Litigation challenging the constitutionality of Rule 6(1) of the Indian Police Service (Cadre) Rules, 1954. This was done because the Rule confers powers upon the Central government to override the states in matters of transfer and deputation of the IPS Cadre officers.
Abu Sohel, a Bengal-based lawyer filed the PIL. When the Court took up the PIL in Court, the Bench stated ‘Dismissed.’ Justice Nageshwara Rao headed the Bench.
The petitioner contended that there has been many a ‘face off’ between the Centre and the State due to the prevalent structure in the country. He made it clear that such conflicts threaten to cause the collapse of the federal structure of the Constitution.
He also contended that the rule under question created an ‘Unjustifiable’ and ‘illegal’ deviation from the intent of the makers of the Constitution, which was to encourage Centre-State harmony.
The petition cited the 2001 Centre versus Tamil Nadu State Government standoff which happened to owe to the Centre calling back IPS officers from the State.
He used this example and many more to establish the presence of ‘utmost political vendetta against the interest of the State and State machineries.’
It also pressed the fact of the presence of a ‘dichotomy’ between Rule 5(1) and 6(1) where the former requires allocation of officers to be made by the Central Government in consultation with the State Government.
Rule 6(1) of the Indian Police Service (Cadre) Rules, 1954 states that-
‘A cadre Officer may, with the concurrence of the State government or the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by the Central Government or by another State Government.’