Public Service

Context

All-India Services: At present, there are three all-India services. They are: Indian Administrative Service (IAS), Indian Police Service (IPS), Indian Forest Service (IFS)

  • recruited and trained by the Central government but are assigned to different states for work
  • common rights and status and uniform scales of pay throughout the country
  • salaries and pensions are met by the states Public Service
  • disciplinary action can only be taken by the Central government
  • Sardar Vallabhbhai Patel-‘Father of all-India Services’
  • Parliament can create new all India services (including an all-India judicial service), if the Rajya Sabha passes a resolution supported by two-thirds of the members present and voting

Central Services

  • Exclusive jurisdiction of the Central government
  • Indian Foreign Service (IFS) is the highest central service

State Services

  • Exclusive jurisdiction of the state government

Constitutional Provisions

  • Articles 308 to 314 in part XIV
  • Recruitment and Service Conditions
    • Article 309 empowers the Parliament and the state legislatures to regulate the recruitment and the conditions of service of the persons appointed to public services and posts under the Centre and the states, respectively
  • Tenure of Office
    • Article 310-hold office during the pleasure of the president under Centre & pleasure of the governor of the state
  • Safeguards to Civil Servants
    • Article 311: civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed
    • cannot be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard
    • Above two safeguards are not applicable to the members of defence services or persons holding military posts
    • second safeguard not available in
      • civil servant is dismissed or removed or reduced in rank on the ground of conduct on a criminal charge
      • authority empowered to dismiss or remove a civil servant or to reduce him in rank is satisfied that for some reason (to be recorded in writing)
      • president or the governor is satisfied that in the interest of the security of the state

Other Provision

  • Article 312 A (inserted by the 28th Amendment Act of 1972) confers powers on the Parliament to vary or revoke the conditions of service of persons who were appointed to a civil service of the Crown in India before 1950

  • Article 313 deals with transitional provisions and says that until otherwise provided, all the laws in force before 1950 and applicable to any public service would continue.

  • Article 314 which made provision for protection of existing officers of certain services was repealed by the 28th Amendment Act of 1972.


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