Modi govt rectifies mistake, foreign secretary gets back 2-year fixed tenure

The foreign secretary has got back the two-year fixed tenure with the Narendra Modi government on Wednesday rectifying a mistake in the amendments made to the Fundamental Rules (FR) 1922 that governs all central officials and employees.

The Modi government issued a “corrigendum” to the amendment in the FR incorporating the post of foreign secretary, as the earlier version had omitted the post from its ambit.

DH on Monday reported that the omission of the Foreign Secretary from the ambit of the amended FR had raised questions about two-year fixed tenure enjoyed by the official though sources in the Ministry of Personnel, Public Grievances and Pension had then claimed that the post was omitted because it was covered under Foreign Services Rules.

“In the English version of the notification of the Government of India, in the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Number GSR 795(E), dated the 15th November 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), dated the 15th November 2021, at page 2, in line 10, after “Defence Secretary”, insert “Foreign Secretary,” the notification said.

On Monday, the FR was amended to reflect the changes following ordinances to extend the tenure of CBI and Enforcement Directorate (ED) directors.

In the process, a notification was issued but it omitted the reference to Foreign Secretary while retaining the posts of Home Secretary, Defence Secretary, Intelligence Bureau Director and CBI Director. The ED Director’s post was added to the amendment.

While Home Secretary, Defence Secretary, Intelligence Bureau Director and Research and Analysis Wing (RAW) chief was accorded two year fixed tenure in 2005, the Foreign Secretary was given a similar tenure only in 2010.

An official statement issued on December 1, 2010, had said the Union Cabinet approved the proposal to amend Fundamental Rule (FR) 56 (d) to provide for extension in service to the Foreign Secretary for such period or periods as may be considered necessary in public interest, subject to the condition that the total term as Foreign Secretary does not exceed two years.

“This is in view of the assignment of Foreign Secretary having increasingly acquired critical dimensions from the national security and strategic perspective, and the need to ensure continuity and swiftness in the decision making process,” the statement had said then.

In January 2017, it was further amended to allow a one-year extension to the Foreign Secretary. Following this, the Modi government gave a one-year extension to S Jaishankar, who later became External Affairs Minister.

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