Office of the Chief Secretary

1.1 Introduction:

The post of Chief Secretary (Mukhya Sachiv) is the senior-most position held in the civil
services of the states and some union territories of India. The position is a cadre post for
the Indian Administrative Service.

The Chief Secretary is the chief of the State Secretaries, while the Cabinet Secretary is not
the chief of the Central Secretaries but only ‘Primus inter pares’ (first among equals). The
powers and functions of the Chief Secretary are much more than that of the Cabinet
Secretary. The Chief Secretary is the administrative head of the State Secretariat, while
the Cabinet Secretary is not the administrative head of the Central Secretariat. Some
departments of the State Secretariat are directly under the charge of the Chief Secretary
while no department of the Central Secretariat is under the direct charge of the Cabinet
Secretary, except the Cabinet Secretariat.

1.2 Appointment:

The Chief Secretary of the state is appointed by the Chief Minister, though the
Government Order is issued in the name of the Governor. The real choice is made by CM.
The Chief Secretary has to be selected out of the senior most IAS officers in the cadre.
Traditionally it should have been the senior most officer but lately it is not the senior
most but one of the senior most officers approved by CM. Running government is a
teamwork. The CM and the Chief Secretary have to form a team hence a harmonious
relationship is required between them. Therefore the CM likes to choose a Chief Secretary
with whom he can get along and have a tension free relationship, a good understanding
and generally have a common view point about most of the important issues.

1.3 Role and Functions:

The chief secretary is the executive head of the state secretariat and is the administrative
head of the state administration. He stands at the top of the state administrative

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hierarchy and his position vis-a-vis other secretaries is more than first among equals. His
control extends to all the secretariat departments. He leads, guides and controls the
entire administrative apparatus of the state and holds a pivotal, position to perform a
variety of roles in the governance of the state. His job is not a professional one and he can
be called a part of the process of democratic government wherein he is more than a mere
administrator.

His functions touch, overlap, strengthen and relate to the following:

Union government;

Other state governments;

Chief Minister of the state

Ministers in the cabinet; and

Secretaries of the department.

The powers and functions of the Chief Secretary are mentioned in the ‘Rule of Business’
framed by a State Government. The Chief Secretary acts as the principal advisor to the
Chief Minister on all the matters of the State administration. The Chief Secretary acts as a
Secretary to the State Cabinet. He is the administrative head of the Cabinet Secretariat
and attends the meeting of the Cabinet and its sub-Committees, if necessary.

Prepares the agenda for the Cabinet meetings and keeps records of its proceedings. Acts
as the head of the State Civil Services. Deals with all the cases related to appointment,
transfers, promotion of senior State Civil Servants. Conscience-keeper to all the State
Civil Servants.

The chief coordinator of the State administration. Ensures inter-departmental co-

ordination.

The Chairman of co-ordination committees set up for inter-departmental disputes.

Presides over the meetings of the departments' Secretaries. Presides over the conferences
attended by the Divisional Commissioners, the District Collectors and the heads of the
departments of district administrations to effect coordination.

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Acts as the administrative head of some secretariat departments. In most cases, the
General Administration Department, Personnel Department, Planning Department and
Administrative Reforms Department are directly under the charge of the Chief Secretary.
The General Administration Department is the most important department in the State
Secretariat and its political head is the Chief Minister. The Administrative Reforms
Commission of India recommended that the Personnel Department in all the States
should be directly headed by the Chief Secretary.

He is generally a Chairperson, or an important member of the committees set up to take

high level policy decisions during a crisis situation. He acts as the crisis administrator-in-
chief and virtually represents the State Government for all the officers concerned with
relief operations. He acts as the Residual Legatee and looks after all those matters which
do not fall into the purview of other Secretaries. He acts as the Secretary, by rotation, of
the Zonal Council of which the State concerned is a member.

He acts as the chief public relations officer (PRO) of the State Government. He attends
the meetings of the National Development Council. He acts as a spokesman of the State
Government. He plays a significant role in the administration of law and order and
planning. He exercises general supervision and control over the entire State Secretariat.

He has administrative control over the Secretariat building, the staff attached to the
Ministers, the central record branch, the Secretariat Library, the conservancy and watch
and ward staff of the Secretariat departments.He is the principal channel of
communication between the concerned State Government and the Central Government
and other State Governments.

He attends the annually held Chief Secretaries conference presided over by the Cabinet
Secretary. He acts as the chief advisor to the Governor, if the Central advisors are not
appointed and the President's rule is imposed in the State.

There is no office in the Union Government which can be equated to that of the Chief
Secretary in the State. May be to some extent, the Cabinet Secretary at the central level
can be called as the counter part of the Chief Secretary.

The functions performed and the roles assumed by the Chief Secretary in the State
administration are so vast, varied and wide that they are shared by the Cabinet Secretary,
Home Secretary, Finance Secretary and Personnel Secretary at the Central level.

Broadly speaking these functions can be classified as under:

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 1. Adviser to the CM:

2. Secretary to the Cabinet:

3. Head of State Cabinet Secretariat:

4. Resource Person of State Government:

5. Head of Civil Services:

6. Coordinator of Civil Service Efforts:

7. Head of Secretariat Departments:

8. Residual Legatee

The wheels of the administrative machinery at the State level can operate smoothly only
when there is a proper coordination and understanding between the Chief Minister and
the Chief Secretary.

The Chief Secretary is the senior most officer of the state administration and assists the
Chief Minister / Council of Ministers in all matters of governance.

Chief Secretary and Second Administrative Reforms Commission

The Second ARC report in December 2007 suggested that the Chief Secretary should be
appointed from a panel of names recommended to the Chief Minister Cabinet by a
collegium comprising of a Minister nominated by the Chief Minister, Leader of the
Opposition in the State Legislative Assembly and the Chief Secretary till the Government
establishes State Civil Service Authority in each State on the pattern of proposed Union
Civil Service Law. The report states that “The Authority should deal with the issues of
appointment and tenure of higher officials of all ranks of in the State Government
including Chief Secretary…..” Further, the report recommended that there should be a
fixed tenure of two years for the post of Chief Secretary and all officers who have a
specified seniority be considered eligible for selection to this post or be eligible to be
selected in the panel of officers from which the Chief Minister/ Cabinet appoints an
incumbent as the Chief Secretary of the State.

The specific recommendation made therein the report are:

1. a) After enactment of the State Civil Services Law on the lines of the proposed
Union enactment, the proposed State Civil Service Authority should deal with
matters concerning appointment and tenure of senior officers of all ranks in the

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 State Governments (including the Chief Secretary, Principal Secretaries, Engineer-
in-Chiefs, other Agency Heads and Principal Chief Conservator of Forests).

2. b) Till the time that such an Authority is constituted, the following mechanism
may be adopted for appointment of the Chief Secretary and Principal Conservator
of Forests in the States:-

 There should be a collegium to recommend a panel of names to the Chief

Minister/Cabinet for these two posts. For the post of Chief Secretary, this
collegium may consist of (a) a Minister nominated by the Chief Minister,
(b) the Leader of the Opposition in the State Legislative Assembly and (c)
the incumbent Chief Secretary. For the selection to the post of Principal
Chief Conservator of Forests the collegiums may consist of (a) The Minister
In-charge of Forests, (b) the leader of Opposition in the State Legislative
Assembly and (c) the Chief Secretary.

 There should be a fixed tenure of at least two years for both these posts.

 The selection for the post of Chief Secretary and Principal Chief
Conservator of Forests should be widened to include all officers above a
specified seniority (e.g. 30 years). All officers with a seniority higher than a
prescribed limit should be eligible to be a part of the panel.

Summing up

Thus the office of chief secretary is an important office who assists the state
cabinet or the Chief Minister in discharging all those functions which are
entrusted to state government in the Constitution. The office secure
coordinates and cooperation of all administrative agencies in accomplishing
the goas of the state.