IAS Officer Powers and Functions: Where They Come From

Joining the IAS does not, by itself, give an officer power over anyone. Powers belong to posts, and specific laws create them. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives powers to the District Magistrate and other Executive Magistrates, and each state's land revenue law gives powers to its Collector. The state government decides who holds those posts.

What the service itself brings is a set of duties and limits, under the All India Services (Conduct) Rules, 1968, that apply in every posting. This guide sets out both, from the texts themselves. If something is not in a law or rule, it is not here.

The post comes first

• The state posts its officers. Under the IAS (Cadre) Rules, appointments to cadre posts in a state cadre are made by the state government, on the recommendation of a Civil Services Board.
• The schedules list the posts. The IAS (Pay) Rules list the posts that officers hold in each state and in the Government of India, from district posts to Chief Secretary and Cabinet Secretary. See IAS ranks and hierarchy.
• At the Centre, the work is the ministry's. Officers go on deputation to the Government of India, and DoPT's Central Staffing Scheme places All India Service and Group A officers in posts at the level of Deputy Secretary, Director and Joint Secretary. Their functions there are those of the post in that ministry.

District Magistrate and Executive Magistrates under the BNSS

Section 14 of the BNSS says the state government may appoint as many Executive Magistrates in a district as it thinks fit "and shall appoint one of them to be the District Magistrate". It may make an Executive Magistrate an Additional District Magistrate, and it may place one in charge of a sub-division as the Sub-divisional Magistrate. The section does not say these officers must come from the IAS. What the law gives these posts:

• Control of the magistracy. All Executive Magistrates in the district are subordinate to the District Magistrate, who can define their local areas and distribute work among them (sections 16 and 17).
• Unlawful assemblies. Any Executive Magistrate can order an unlawful assembly to disperse and use force if it does not (section 148). If it still cannot be dispersed, the District Magistrate, or an Executive Magistrate authorised by him, can have the armed forces disperse it (section 149).
• Public nuisances. A District Magistrate, a Sub-divisional Magistrate or a specially empowered Executive Magistrate can order an unlawful obstruction or nuisance removed from a public place (section 152).
• Urgent orders. The same officers can, in writing, direct a person or the public to do or not do something to prevent danger to life, health or safety, a riot or a disturbance of the peace. Such an order lasts at most two months unless the state government extends it, by up to six months (section 163).
• Disputes over land or water. An Executive Magistrate who finds a dispute over land or water likely to cause a breach of the peace can summon the parties and decide who is in possession (section 164).
• Inquests. A District Magistrate, a Sub-divisional Magistrate or an empowered Executive Magistrate can hold an inquest and inquire into a cause of death (sections 194 and 196).
• Prosecutors. The District Magistrate, in consultation with the Sessions Judge, prepares the panel of names for the district's public prosecutors; a state that has a regular cadre of prosecuting officers appoints from that cadre first (section 18).

The Collector under state land revenue law

Land revenue is run under each state's own law, so the Collector's powers differ by state. Two examples:

• Maharashtra. The Maharashtra Land Revenue Code, 1966 says the state appoints a Collector for each district, "who shall be in charge of the revenue administration thereof", and a Tahsildar for each taluka (section 7). All revenue officers in the district are subordinate to the Collector, and those in a division to the Commissioner (section 11).
• Punjab. The Punjab Land Revenue Act, 1887 names the classes of revenue officers, from the Financial Commissioner down, and says the Deputy Commissioner of a district is its Collector (section 6).

Whether the District Magistrate and the Collector are the same officer depends on the state. Collector vs DM vs SDM explains the titles.

Duties that come with the service

The All India Services (Conduct) Rules, 1968 apply to every IAS officer, wherever posted. Among other things:

• Integrity first. Every member of the service "shall at all times maintain absolute integrity and devotion to duty" (rule 3(1)), and must keep high ethical standards, political neutrality, accountability and transparency, responsiveness to the public, particularly the weaker sections, and courtesy (rule 3(1A)).
• Own judgement, written orders. An officer acts on his or her own best judgement except under the direction of an official superior, and such directions should ordinarily be in writing; an oral direction has to be confirmed in writing (rule 3(3)).
• No politics. No membership of a political party and no part in elections beyond a secret vote and election work required by law (rule 5). No public criticism of a current or recent government policy, except in official duty (rule 7).
• Gifts and business. Gifts from near relatives or friends on occasions such as weddings must be reported if worth more than ₹25,000, and any other gift worth more than ₹5,000 needs the government's sanction (rule 11). No trade or business without sanction (rule 13).
• Assets on record. A return of assets and liabilities on first appointment, and an annual return of immovable property (rule 16).

Protection the Constitution gives

Members of an All India Service hold office during the pleasure of the President (Article 310). Article 311 adds that they cannot be dismissed or removed by an authority subordinate to the one that appointed them, and, with some exceptions, not without an inquiry in which they are told the charges and heard. For the posts and work at each stage, see what IAS officers do.