Joint secretary to the Government of India explained

Post:Union Joint Secretary
Flag:Flag of India.svg
Flagsize:110px
Flagcaption:Flag of India
Insignia:Emblem_of_India.svg
Insigniasize:75px
Insigniacaption:Emblem of India
Appointer:Appointments Committee of the Cabinet
Succession:26th
Salary: - monthly
Department:Government of India

Joint Secretary to the Government of India (often abbreviated as JS, GoI or Union Joint Secretary or Joint Secretary to Union of India) is a post under the Central Staffing Scheme[1] and the third highest non-political executive rank[2] in the Government of India. The authority for creation of this post solely rests with the Cabinet of India.[3]

Joint secretary is mostly a career civil servant and is a government official of high seniority.[4] [5] [6] The civil servants who hold this rank and post are either from All India Services (on deputation; on tenure, after empanelment) or Central Civil Services (Group A; on empanelment). All promotions and appointments to this rank and post are directly made by the Appointments Committee of the Cabinet.

In the functioning of the Government of India, a joint secretary is the administrative head of a wing in a department.[7] Joint secretaries in the Union Government[8] [9] [10] is analogous to Major General[11] and equivalent ranks[12] in the Indian Armed Forces and are listed as such in the Order of Precedence.[13] [14] [15] [16] In the Department of Military Affairs of the Ministry of Defence, an officer from all the three armed forces of the rank of Major General and equivalent[17] is currently appointed and designated as Joint Secretary (Army/Navy/AirForce).[18] [19]

The Special Protection Group is sometimes headed by a Inspector General rank holder,[20] [21] who is designated as Joint Secretary (Security) in the Cabinet Secretariat. Joint secretaries (GOI) rank 26th on Order of Precedence of India.

History

The post of joint secretary in the Government of India was created in the 1920s. The salary of a member in this rank and post was fixed at Rs. 36,000 per annum in the 1930s.[22] The salaries of Joint Secretary in Government of India during the British Raj was same to the Chief Secretary of United Provinces of Agra and Oudh, Punjab and Burma. As per Warrant of Precedence of 1905, joint secretaries in the Government of India were listed together with secretaries to the Government of India and ranked above of chief secretaries of provincial governments. Before the creation of post/rank of Additional secretary to the Government of India, Joint Secretary was the second highest post/rank in Indian Civil Service (British India).

In 1937, the Central Secretariat contained only seven joint secretaries,[23] who were all members of the Imperial Civil Service. However, by 1946, the number had increased to twenty-five.

According to A. D. Gorwala, ICS, "The joint secretaries ought to in reality be what the name implies, namely secretaries for the subject entrusted to them and joined to a more senior secretary for the convenience of administrative work." Sir Richard Tottenham, ICS had once expressed "In my opinion there is, or should be, no distinction of function, but only of pay between a joint and an additional Secretary. Additional and joint secretaries should not be either cheap secretaries or expensive deputy secretaries."[24]

Prime Minister's Office

During the tenure of Jawaharlal Nehru as the prime minister, the then Prime Minister's Secretariat was headed by a joint secretary.[25] Currently, in Prime Minister's Office (India), the private secretary(ies) to Prime Minister of India is always in the rank and post of Joint Secretary to Government of India.

Appointment

In 2020, Ministry of Personnel, Public Grievances and Pensions memorandum stated that Appointments Committee of the Cabinet has directed that not less than two years experience at deputy secretary/director (GOI) level under the Central Staffing Scheme shall be mandatory for empanelment at joint secretary level (GOI) at the Centre in respect of IAS officers from 2007 batch.[26]

Powers, responsibilities and postings

Joint secretary is the overall in charge with the necessary measure of independent functioning and responsibility of the wing of the department allocated and entrusted to him.[27] A joint secretary in charge of Administration also exercises all administrative powers as head of the department wing of the ministry/department.[28]

The Prime Minister of India is the final authority on posting and transfer of officers of joint secretary level.[29]

Reporting

Joint secretaries report to their divisional/departmental additional secretary, departmental secretary and ministerial/departmental cabinet minister. In 2023, Government of India empowered all Joint secretaries to the Government of India to report directly to Secretary to Government of India, to increase efficiency in decision-making.[30]

International deputations

In the Ministry of External Affairs, the posting in the rank and post of Ambassador / Deputy Chief of Mission to a Diplomatic mission begins at the rank of Joint Secretary to the Government of India in the Indian Foreign Service.[31]

On deputation, Joint Secretary (GOI) can hold senior positions at the United Nations, such as India's permanent representative to UNESCO,[32] Conference on Disarmament.[33]

Position

Union/Central Government of India

In the Union government, the members head department wings in the departments and ministries of the Union government, and hold positions such as chief vigilance officer (CVO),[34] chief administrative officer (CAO), Registrar General and Census Commissioner of India, Director General of Civil Aviation of India,[35] [36] director general of National Literacy Mission Authority, economic advisers, advisors of TRAI, Joint Directors of CBI,[37] additional directors general (AIR and Doordarshan),[38] board members of Staff Selection Commission of India[39] commissioners of Taxes and Police, chief engineers in central departments.

They also hold the post of Social Secretary and Press Secretary to President of India.

Government nominated board members in the Central Public Sector Enterprises/Public Sector Undertakings are either of the rank of additional secretary or joint secretary.[40]

State Government(s) of India

A Principal Secretary in a state government can be deputed/posted as Joint Secretary in the center[41] [42] [43] and a person in this rank can also hold the position of the Chief Secretary/Administrator of a Union Territory.

International equivalency

The rank of Joint Secretary in Government of India is analogous and equivalent to a rank in Senior Executive Service and Senior Foreign Service in United States. The rank is equivalent to Assistant Under Secretary in Senior Civil Service of Her Majesty's Home Civil Service.

Emolument, accommodation and perks

All joint secretaries to the Government of India are entitled to a diplomatic passport.[44] They are allotted Type-V (D-II and D-I) and Type-VI (C-II) apartments in areas like New Moti Bagh across Delhi by Ministry of Urban Development's Directorate of Estates.[45]

The salary and emolument in this rank is equivalent[12] to Major General and equivalent ranks in Indian Armed Forces.[12] [46]

+ Joint Secretary, GoI monthly pay and allowancesBase Salary as per 7th Pay Commission (Per month) Level on Pay MatrixSources
(Minimum Pay) to (Maximum Pay)Level 14 [47]

Personal Staff

All Joint Secretaries to the Government of India are entitled to an official car[48] and a Principal Private Secretary (PPS) as a staff member while serving the post in Union Ministries of India.

Reforms and challenges

Non-IAS civil services have complained to Government of India because of lack of empanelment in the rank/post of joint secretary on numerous occasions.[49] [50] [51] As per the Seventh Central Pay Commission of India, IAS officers held 249 out of 341 positions of Joint Secretary in the Government of India. In 2021, as per media reports the share of IAS at Joint Secretary in Government of India has fallen to 33%. Since 2017–18, IAS officers holding JS rank have now become a minority in almost all central government offices.[52]

In 2015, Government of India modified joint secretary-level empanelment process to ensure greater uniformity, consistency and transparency.[53] Under the prime ministership of Narendra Modi, however, the situation has slightly altered, choices for civil servants being appointed to this rank and post were from non IAS cadre.[54] [55] Almost half the choices for the position have been given to Central Civil Services and All India Services (excluding IAS).

Lateral entry

There was lateral entry in Government of India during 1950s and 1960s, where Manmohan Singh (1971–1972) and Montek Singh Ahluwalia (1979), both served as Economic Advisers in the rank of Joint Secretary at Ministry of Commerce and Ministry of Finance. However, after that period, lateral entry in this rank was not seen.

In 2009, 20th Governor of Reserve Bank of India Bimal Jalan had voiced for posts at the level of joint secretary to be opened up to outside competition.[56]

In June 2018, Prime Minister Narendra Modi announced opening up 10 posts of joint secretary (GOI) rank/post in several departments to experts in several fields through lateral entry. In 2019, Government of India short listed 89 candidates from 6000+ candidates,[57] with an initial shortlist success rate of 1.4%.

In 2021, Government of India announced opening up 3 posts of joint secretary (GOI) rank/post in several departments.[58]

Supreme Court of India cases and decisions

In 2017, 44th Chief Justice of India Jagdish Singh Khehar held that responses on behalf of Government of India before the Supreme Court should be filed by officers not below the ranks of joint secretary (GOI) or additional secretary (GOI).[59] [60]

In 2023, Supreme Court of India held that there was no need for the Central Bureau of Investigation to seek prior sanction for the prosecution of joint secretary (GOI) and above-rank officers in cases registered under the Prevention of Corruption Act.[61] [62]

Bibliography

External links

Notes and References

  1. Web site: The Central Staffing Scheme. January 1996. Ministry of Personnel, Public Grievances and Pensions. 13 April 2016. https://web.archive.org/web/20160310222757/http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02eod/36_77_94_EO(SM-I).pdf. 10 March 2016. dead.
  2. Web site: Retd IAS Officer Moves SC Against Lateral Entry To Post Of Jt Secys. Livelaw.in. 24 July 2018.
  3. Web site: Only Cabinet can create Joint Secretary, above level posts. Press Trust of India. 18 April 2017.
  4. News: Parity between IAS and non-IAS? The IAS will get to decide. Tikku. Aloke. 15 January 2016. Hindustan Times. 13 August 2017. en.
  5. News: Alleging bias, non-IAS officers petition PM Modi. Dastidar. Avishek G. 14 January 2017. The Indian Express. 13 August 2017. en-US.
  6. Web site: Sahai appointed Joint Secretary NSCS: ACC Appointment. 18 October 2016. Greater Kashmir. https://web.archive.org/web/20161020204520/http://www.greaterkashmir.com/news/kashmir/sahai-appointed-joint-secretary-nscs/231172.html. 20 October 2016. live. 3 October 2017. dmy.
  7. Web site: Archive: JS-level posts vacant at Centre, few takers. 6 November 2016 . . dead . https://web.archive.org/web/20161106170600/http://www.business-standard.com/article/economy-policy/key-posts-vacant-at-centre-few-takers-116061100631_1.html . 6 November 2016 . dmy .
  8. Web site: Part I of the Constitution of India- The Union and its territory - Article 1. Ministry of Law and Justice, Government of India. 15 January 2018. https://web.archive.org/web/20171010141832/http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(4).pdf. 10 October 2017. dead.
  9. Web site: Part XIV of the Constitution of India- Finance, Property, Contracts and Suits - Article 300. Ministry of Law and Justice, Government of India. 6 October 2017. https://web.archive.org/web/20111203131439/http://lawmin.nic.in/olwing/coi/coi%2Denglish/Const.Pock%202Pg.Rom8Fsss%2817%29.pdf. 3 December 2011. dead.
  10. Web site: Part XIV of the Constitution of India- Services under the Union and the States - Article 312(2). Ministry of Law and Justice, Government of India. en. 16 August 2017. https://web.archive.org/web/20111203131448/http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(19).pdf. 3 December 2011. dead.
  11. Web site: Govt 'clarifies', soldiers upset. https://web.archive.org/web/20161028151302/http://www.telegraphindia.com/1161028/jsp/nation/story_116104.jsp. dead. 28 October 2016. Dutta. Sujjan. 28 October 2017. The Telegraph. 3 October 2017.
  12. Web site: Army Officers Pay Rules, 2017: Government of India. Ministry of Defence (India). 23 May 2017. https://web.archive.org/web/20170516184107/http://www.mod.nic.in/writereaddata/ArmyOfficersPayRules.pdf. 16 May 2017. dead.
  13. Web site: Order of Precedence. 26 July 1979. Rajya Sabha. President's Secretariat. 24 September 2017.
  14. Web site: Table of Precedence. 26 July 1979. Ministry of Home Affairs, Government of India. President's Secretariat. 24 September 2017. https://web.archive.org/web/20140527155701/http://mha.nic.in/sites/upload_files/mha/files/table_of_precedence.pdf. 27 May 2014. dead.
  15. Web site: Table of Precedence. Ministry of Home Affairs, Government of India. President's Secretariat. 24 September 2017. https://web.archive.org/web/20140428030937/http://mha.nic.in/hindi/top. 28 April 2014. dead.
  16. Book: Maheshwari, S.R.. Indian Administration. 6th. Orient Blackswan Private Ltd.. 2000. 9788125019886. New Delhi.
  17. Web site: Uniformed officers appointed as additional secretary and joint secretaries in department of military affairs. . 12 May 2021.
  18. Web site: Department of Military Affairs, Ministry of Defence (India). . 14 May 2020.
  19. Web site: CDS wants appointment of military officers as joint secretary in defence ministry . The Print . 14 May 2020.
  20. Web site: . 14 May 2019 . NDA appoints second SPG chief within 15 months.
  21. Web site: . 14 May 2019 . MHA calls Rahul's remark on former SPG chief 'baseless'.
  22. Book: Kirk-Greene, A.. Britain's Imperial Administrators, 1858-1966. Anthony Kirk-Greene . Springer. 2000. 9780230286320. New York City.
  23. Book: Maheshwari, S. B.. Indian Administration. Sixth. Orient Blackswan. 2001. 9788125019886. 666.
  24. Book: Jayapalan, N.. Indian Administration 2 Vols. Set. 2001. Atlantic Publishers & Distri. 9788171569212. 668.
  25. Book: Mehta, Dalpat Singh. Handbook Of Public Relations In India. Allied Publishers. 1968. 978-8170233343. New Delhi. 135.
  26. Web site: More reform for IAS officers as Modi govt adds new criteria to pick joint secretaries. ThePrint. 1 February 2024.
  27. Web site: Department of Industrial Policy and Promotion . 21 August 2014 . 21 August 2014 . Powers and Duties of Officers and Employees as defined in the Manual of Office Procedure . https://web.archive.org/web/20140823033029/http://dipp.nic.in/English/RTI/rti_Power_Duties.htm . 23 August 2014 . dead .
  28. Web site: Central Secretariat Manual of Office Procedure - 14th Edition (2015). Ministry of Personnel, Public Grievances and Pension. 6. 15 November 2016.
  29. Web site: PM to oversee cadre allocation of bureaucrats, postings of joint secretaries and above. 21 August 2014. The Times of India. 17 September 2017.
  30. Web site: . 28 January 2024 . 29 March 2023 . Centre Empowers Joint Secretaries To Directly Report To Secretaries. https://web.archive.org/web/20240128135339/https://www.ndtv.com/india-news/centre-empowers-joint-secretaries-to-directly-report-to-secretaries-3903671 . dead . 2024-01-28 .
  31. Web site: The Sunday Standard . 12 March 2014 . 2 March 2014 . MEA Moves its Men, Post-Haste. https://web.archive.org/web/20140307102250/http://www.newindianexpress.com/thesundaystandard/MEA-Moves-its-Men-Post-Haste/2014/03/02/article2085131.ece . dead . 7 March 2014 .
  32. Web site: Dilli Ka Babu: Permanent Representative of India in Unesco an IAS post. Cherian. Dilip. 6 November 2016. Deccan Chronicle. https://web.archive.org/web/20161106170327/http://www.deccanchronicle.com/opinion/op-ed/061116/dilli-ka-babu-permanent-representative-of-india-in-unesco-an-ias-post.html. 6 November 2016. live. 3 October 2017. dmy.
  33. Web site: Pankaj Sharma appointed India's ambassador to UN Conference on Disarmament. The Economic Times. 18 August 2019.
  34. Web site: . 18 November 2015 . 17 November 2015 . No foreign job for babus who fail to join as CVOs: Centre.
  35. Web site: The Sunday Standard . 2 May 2014 . 31 December 2014 . Civil aviation ministry embraces new year with top-level changes.
  36. Web site: The Times of India . 2 May 2014 . 27 December 2013 . Joint secretary Kumar proposed as new DGCA.
  37. Web site: . 1 August 2014 . 3 February 2014 . Sanctioned Strength of Central Bureau of Investigation – Executive Officers.
  38. Web site: freepresskashmir.com . 14 June 2014 . 3 February 2014 . Sheheryar, First Kashmiri Appointed as Director General All India Radio . dead . https://web.archive.org/web/20140226040643/http://freepresskashmir.com/sheheryar-first-kashmiri-appointed-director-general-to-air-145802/ . 26 February 2014 . dmy-all .
  39. Web site: Minister of Home Affairs (India) . 2 May 2014 . 27 December 2013 . Selection of Appointment of Member of Staff Selection Commission of India.
  40. Web site: CHAPTER II PERSONNEL POLICIES (b) Composition of Board of Directors. Department of Public Enterprises, Government of India. 12 January 2018.
  41. Web site: Three more IAS officers from state posted as joint secretaries in Modi govt. 2 April 2015. The Indian Express. 3 October 2017.
  42. Web site: Yogi Adiyanath seeks former Gorakhpur DM as Principal Secretary. 23 March 2017. The Indian Express. 3 October 2017.
  43. Web site: Awanish Kumar Awasthi appointed Principal Secretary to UP CM. 11 April 2017. Business Standard. 3 October 2017.
  44. Web site: . 17 July 2024. Guidelines and procedure adopted in cases of foreign visit . https://web.archive.org/web/20240313032249/https://mowr.nic.in/Previous-site/section/ea/Guidelines_foreign_visit.pdf . 13 March 2024 . dead .
  45. Web site: . 21 July 2014 . January 2013 . Compendium (RTI Act) – Government Residence (General Pool in Delhi) Rules . https://web.archive.org/web/20141113222729/http://estates.nic.in/WriteReadData/dlrtiact/compendium.pdf . 13 November 2014 . dead .
  46. Web site: Report of the 7th Central Pay Commission of India. Seventh Central Pay Commission, Government of India. https://web.archive.org/web/20151120092637/http://7cpc.india.gov.in/pdf/sevencpcreport.pdf. 2015-11-20. dead. 16 January 2016.
  47. Web site: 7th Pay Commission cleared: What is the Pay Commission? How does it affect salaries?. 29 June 2016. Biswas. Shreya. India Today. 24 September 2017.
  48. Web site: . 17 July 2024. Instructions for use of staff car in Central Government Offices - Government of India . https://web.archive.org/web/20240717034826/https://doe.gov.in/files/circulars_document/staff_car_OM.pdf . 17 July 2024 . dead .
  49. News: IAS: Emperor among the kings?. Tripathi. Shishir. 8 December 2015. Governance Now. 13 August 2017. en.
  50. News: Non-IAS bureaucrats now eligible for secretary-level posts. 18 January 2016. The Asian Age. 13 August 2017. en.
  51. News: Need Pay Parity With IAS Officers, Say Officials Of 20 Civil Services. 30 June 2016. NDTV. 13 August 2017. en.
  52. Web site: The Economic Times. 25 June 2020 . 19 June 2021. Influence Of IAS Lobby Wanes At Centre As Joint Secretary Share Falls From Virtual Monopoly To 33 Per Cent.
  53. Web site: The Sen Times . 1 June 2015 . 1 June 2015 . Joint Secretary-Level Empanelment Process Modified.
  54. Web site: Non-IAS officers are top choices for Modi government for the crucial Joint Secretary positions. 18 February 2016. The Economic Times. 15 July 2016.
  55. Web site: Govt appoints 28 officers, half non IAS, to joint secretary level posts. Roche. Elizabeth. Aggarwal. Mayank. 14 July 2016. Live Mint. HT Media Ltd. 3 October 2017.
  56. Web site: . 12 March 2014 . 29 July 2009 . Bring in experts. Snip away red tape . dead . https://web.archive.org/web/20140314133318/http://www.hindustantimes.com/india-news/newdelhi/bring-in-experts-snip-away-red-tape/article1-437741.aspx . 14 March 2014 . dmy-all .
  57. Web site: JS-level recruitment from pvt sector: Only 89 of over 6,000 candidates short-listed. 21 January 2019.
  58. Web site: Not much enthusiasm for Modi govt’s latest IAS lateral entry push, just about 1,200 apply. 12 May 2021.
  59. Web site: Delhi Confidential: New Respons(e)ibility. 11 January 2017. The Indian Express. 3 October 2017.
  60. Web site: SC against filing of affidavit below officer of Jt Secy level. 10 January 2017. Press Trust of India. 3 October 2017.
  61. Web site: No need for prior approval to prosecute Joint Secretary, above rank officers in corruption cases: SC. 14 January 2024. Deccan Herald.
  62. Web site: 2014 verdict striking down DSPE Act provision providing immunity to officers will have retrospective effect: Supreme Court. 14 January 2024. Indian Express Limited.

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