Civil Services and All-India Services (Article 312)

At a Glance

• What it is The public services of the Union and the states and their constitutional rules
• Articles 308 to 314 in Part XIV
• All-India Services IAS, IPS and IFoS
• Article 312 New All-India Services need a Rajya Sabha resolution
• Exam link UPSC Prelims, Polity: Governance

Where Does It Fit?

This is the sixth topic of the category on Governance. The public services in India are classified into three categories: All-India Services, Central Services and State Services. Articles 308 to 314 in Part XIV of the Constitution contain the provisions for them, and Article 312 deals with the All-India Services.

Classification of Services

In 1947 the Indian Civil Service was replaced by the IAS and the Indian Police by the IPS, both recognised by the Constitution as All-India Services. In 1966 the Indian Forest Service was established as the third. In 1963 provision was made for three more services, but only the Indian Forest Service came into existence.

Article 312 and the All-India Services

Article 312 empowers Parliament to create new All-India Services, including an all-India judicial service, if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest, supported by two-thirds of the members present and voting. The power is given to the Rajya Sabha to protect the interests of states in the federal system, and the new service is created by an Act of Parliament and not by the resolution. Parliament can regulate recruitment and service conditions of the All-India Services, and has done so through the All-India Services Act, 1951. The services known on 26 January 1950 as the IAS and IPS are deemed to be services created by Parliament under this Article. The all-India judicial service cannot include any post inferior to that of a district judge, and a law providing for it is not an amendment of the Constitution under Article 368. The 42nd Amendment Act of 1976 made the provision for it but no such law has been made so far. The Drafting Committee of the Constituent Assembly originally gave no constitutional status to the All-India Services, but the Constituent Assembly included provisions for them, and Sardar Vallabhbhai Patel, their chief protagonist, is regarded as the Father of All-India Services.

How the All-India Services Work

Members are recruited and trained by the Centre but assigned to different states and borne on state cadres, while the Centre has no cadre of its own. They serve the Centre on deputation under the tenure system and return to their state cadres. Each service forms a single service with common rights, status and uniform pay scales throughout the country. The three categories are super time scale, senior scale and junior scale. The IAS is managed by the Ministry of Personnel, Public Grievances and Pensions, the IPS by the Ministry of Home Affairs and the IFoS by the Ministry of Environment, Forest and Climate Change. Control is joint: the ultimate control lies with the Central Government while immediate control lies with the state governments, which pay salaries and pensions, but only the Central Government can impose penalties. There are twenty-six state cadres, including two joint cadres: Assam-Meghalaya and the AGMUT cadre. Under the All-India Services Act, 1951, senior posts not exceeding 33 and one-third per cent can be filled by promotion from the state services, on the recommendation of a committee presided over by the Chairman or a member of the UPSC.

Constitutional Provisions on Public Services

Under Article 309, reasonable restrictions can be placed on the fundamental rights of public servants through conduct rules. Under Article 310, a person with special qualifications may be given compensation if the post is abolished or the person is made to vacate it for reasons not connected with misconduct. Under Article 311, the inquiry safeguard does not apply where a person is dismissed after conviction on a criminal charge, where the authority records that holding an inquiry is not reasonably practicable, or where the President or Governor finds it inexpedient in the interest of the security of the State. The 42nd Amendment Act of 1976 abolished the second opportunity to represent against the proposed penalty after the inquiry. These safeguards apply only to civil servants and not to defence personnel.

Central and State Services

Before independence, the Central Services were classed as Class I, Class II, Subordinate and Inferior services. After independence the last two became Class III and Class IV on the recommendation of the First Pay Commission (1946-47). In 1974, on the recommendation of the Third Pay Commission (1970-73), Class I to IV were renamed Group A, B, C and D. Groups A and B are gazetted and Groups C and D non-gazetted. The Indian Foreign Service is the top Central Service, managed by the Ministry of External Affairs. The Ministry of Personnel is the central personnel agency. State services common to all states include the civil, police, forest, agricultural, medical, veterinary, fisheries, judicial and educational services, among others.

Why Is This Topic Important?

• Article 312 Asked directly
• Rajya Sabha role Federal protection
• Articles 309-311 Doctrine of pleasure and safeguards

What Came Next?

The next topic covers tribunals under Articles 323A and 323B.

Key People and Terms

• Doctrine of pleasure Tenure at the pleasure of the head of state
• All-India Service Service common to Centre and states
• Cadre State allocation of officers
• Gazetted officer Group A and B
• Tenure system Deputation to the Centre

Exam Corner

Mains Angle

Questions on this topic usually ask about the role of civil services in federalism. Use these points to add depth.

• Federal role of the Rajya Sabha Article 312
• Dual control Centre and states
• Safeguards Article 311
• Judicial service Not yet created