Previous Year Question
Consider the following statements:
The Chief Secretary in a State is appointed by the Governor of that State.
The Chief Secretary in a State has a fixed tenure.
Which of the statement(s) given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect.
Appointment of the Chief Secretary is not an individual or discretionary constitutional power of the Governor. The Chief Secretary is selected and posted by the State Government, with the Chief Minister playing the principal role in the selection.
The Chief Secretary is normally a senior officer of the Indian Administrative Service. Appointment of the senior-most officer is not mandatory; experience, service record and the confidence of the State Government are also relevant.
Under Article 166 of the Constitution, executive actions of the State Government are expressed to be taken in the name of the Governor. Therefore, the formal appointment order may be issued in the Governor’s name, but this does not mean that the Governor personally or discretionarily selects the Chief Secretary.
Under the Indian Administrative Service (Cadre) Rules, 1954, appointments of cadre officers to State cadre posts are made by the State Government.
In State administration, the Chief Secretary:
Is the highest-ranking civil servant of the State.
Functions as the administrative head of the State Secretariat.
Serves as Secretary to the Cabinet and principal administrative adviser to the Chief Minister.
Coordinates the work of different State departments.
Acts as an important administrative link between the State and Union Governments.
Statement 2 is incorrect.
The Constitution does not prescribe a definite and uniform tenure for the Chief Secretary.
The Chief Secretary remains in the post as long as the State Government continues the posting.
The officer may be transferred, posted elsewhere or may cease to hold the post upon retirement.
Service or cadre rules and government policies may provide minimum posting tenures for certain posts, but this does not give the Chief Secretary a constitutionally fixed tenure comparable to that of a constitutional office.
The First Administrative Reforms Commission recommended reasonable stability of tenure for the Chief Secretary, but such a recommendation does not itself create a legally fixed tenure.