NEW DELHI: The Manmohan Singh Government has decided to arm itself with the discretion to give a two-year term to certain senior public servants serving in the "national security" arena. The Union Home Secretary, the Defence Secretary, the Director of the Intelligence Bureau (IB) and the chief of the external intelligence agency, Research and Analysis Wing (RAW), have been designated as those whose services could be available for a two-year period, even if it means an extension of service beyond the age of retirement.

As per the Union Cabinet decision on Thursday, Fundamental Rule No. 56 will be amended to allow the four designated officers "an extension of service beyond the age of superannuation for enabling them to complete the tenure of two years."

The Cabinet Secretary already enjoys a two-year assured tenure, as does the Director of the Central Bureau of Investigation (in response to a Supreme Court observation).

The Cabinet decision seeks to regularise the two-year arrangement for the six officers. The decision is applicable immediately and the incumbent officers in the Home and Defence Ministries, IB and RAW stand to benefit.

The proposal has been on the Manmohan Singh Government's policy menu for almost a year now, and encountered opposition from within the bureaucracy. The Ministries of External Affairs and Finance wanted a similar privilege for their seniormost officials. There was also opposition on the ground that the principle of continuity was sought to be limited to some Ministries and not others. Why, the opponents asked, cannot the idea of continuity be applied to, say, the Department of Poverty Alleviation or the Human Resource Development Ministry?

It was this entrenched opposition from within the bureaucracy that stalled the decision for over six months. The opposition this time too is quite strong and widespread as the decision is deemed to benefit a few individuals.

The amended Fundamental Rule 56 will now read: "Provided also that the Central Government may, if considered necessary in [the] public interest to do so, give extension in service to the Cabinet Secretary, Defence Secretary, Home Secretary, Director, Intelligence Bureau, Secretary, Research and Analysis Wing, and Director, Central Bureau of Investigation, for such periods as it may deem proper, on a case to case basis, subject to the condition that the total term of the incumbents of the above posts who are given such extension in service does not exceed two years."

The two-year term, however, is not automatic for these designated posts, and the Government will decide on a "case to case basis." Nor does the amended rule prevent it from defrocking a two-year tenured officer. When it came to power, the Manmohan Singh Government posted the then Cabinet Secretary, Kamal Pande, as Secretary, Inter-State Council (for the remaining period of his two-year term).

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