The Indian Constitution contains Articles 308 to 314 in Part XIV, which provide the legal framework for public services including All India services, Central services, and State services.
1. Recruitment and Service Conditions
- Article 309: Empowers the Parliament and state legislatures to regulate recruitment and conditions of service for individuals appointed to public services and posts under the Central and state governments, respectively. Until such laws are made, the president or governor can make rules to regulate these matters.
2. Tenure of Office
- Article 310: Establishes that members of the defense services, civil services of the Centre and all-India services, or persons holding military or civil posts under the Centre, hold office at the pleasure of the president. Similarly, members of civil services or persons holding civil posts under a state hold office at the pleasure of the governor of the state.
3. Safeguards for Civil Servants
➤ Article 311: Provides two safeguards to civil servants against arbitrary dismissal or removal from their positions:
- A civil servant cannot be dismissed or removed by an authority subordinate to the one that appointed them.
- A civil servant cannot be dismissed, removed, or reduced in rank without an inquiry, which includes being informed of the charges against them and given a reasonable opportunity to be heard regarding those charges.
4. All India Services
➤ Article 312: Contains provisions for All India services, including:
- The Parliament can create new All India services (including an All India judicial service) if the Rajya Sabha passes a resolution supporting the creation by a two-thirds majority. This power of recommendation is given to the Rajya Sabha to protect the interests of states in the Indian federal system.
- Parliament regulates recruitment and conditions of service for All India services. The All India Services Act of 1951 was enacted for this purpose.
- Services such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS) that existed at the commencement of the Constitution (January 26, 1950) are deemed services created by Parliament under this provision.
- Any all-India judicial service should not include posts below the rank of district judge.
Despite the 42nd Amendment Act of 1976 making provision for the creation of an all-India judicial service, no such law has been made yet.
5. Other Provisions
- Article 312A: Added by the 28th Amendment Act of 1972, this confers powers on Parliament to vary or revoke the conditions of service of persons appointed to civil service under the Crown in India before 1950.
- Article 313: Transitional provisions ensure that existing laws applicable to public service before 1950 continue until otherwise provided.
- Article 314: This provision, which offered protection for existing officers of certain services, was repealed by the 28th Amendment Act of 1972.
Articles Related to Public Services at a Glance
308. Interpretation
309. Recruitment and conditions of service of persons serving the Union or a state
310. Tenure of office of persons serving the Union or a state
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state
312. All-India Services
312A. Power of Parliament to vary or revoke conditions of service of officers of certain services
313. Transitional provisions
314. Provision for protection of existing officers of certain services (Repealed)
