Polity (public service)

1. Classification of Services

• All-India Services: These are common to both the Central and State governments.
  • Types of All-India Services:
    • Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS).
  • Creation and Governance:
    • Article 312 empowers Parliament to create All-India Services based on a Rajya Sabha resolution.
    • Controlled jointly by Central and State governments, although primarily governed by the Center.
• Central Services: Under exclusive Central Government jurisdiction.
  • Categories:
    • Classified into four groups (A, B, C, D) based on hierarchy.
    • Examples: Indian Foreign Service (IFS), Indian Railway Accounts Service, Indian Revenue Service, etc.
  • Managed by respective ministries with oversight by the Ministry of Personnel.
• State Services: Operate within the jurisdiction of State governments.
  • Common Services in States:
    • Examples include Civil, Police, Forest, Agricultural, Medical, and Judicial Services.
  • Classification: Similar to Central Services, organized into Group A (Class I) through Group D (Class IV).

2. Constitutional Provisions on Public Services

• Articles 308 to 314 cover the structure and governance of public services in India.
  • Article 309: Empowers Parliament and State legislatures to regulate recruitment and conditions of service.
  • Article 310: Establishes the “Doctrine of Pleasure,” meaning government employees hold office at the pleasure of the President or Governor.
  • Article 311: Provides safeguards for civil servants, ensuring they cannot be dismissed arbitrarily.
  • Article 312: Details the creation of All-India Services and requires a Rajya Sabha resolution for the same.

3. Recruitment and Service Conditions

• Processes: Recruitment can be through appointment, selection, deputation, or promotion.
• Conditions: Include pay, increments, leave, promotion, and retirement benefits.
• Conduct Rules: Restrict certain fundamental rights in the interest of discipline and integrity (e.g., Central Services Conduct Rules).

4. Tenure and Doctrine of Pleasure

• Doctrine: Employees of defense, civil, and All-India services hold office at the discretion of the President or Governor.
• Exceptions: Contracts may specify compensation if an office is terminated early or vacated for non-misconduct reasons.

5. Safeguards for Civil Servants

• Against Arbitrary Dismissal:
  • Dismissal only by an authority equivalent or higher than the appointee.
  • Civil servants must be informed of charges and allowed to defend themselves.
• Exceptions: No inquiry if related to criminal conviction, impracticality, or state security.

6. Additional Provisions on All-India Services

• Article 312: Establishes the provision for new All-India Services in national interest.
• Existing Services: IAS and IPS were recognized as All-India Services at the Constitution’s inception.
• Judicial Services: Parliament can establish an All-India Judicial Service.

7. Miscellaneous Provisions

• Transitional Arrangements:
  • Article 313 ensures continuity of laws applicable to public services before the Constitution’s enforcement.
• Article 314 (Repealed): Initially offered protection to certain service officers but was later removed.

Summary Table of Key Articles (Referenced in Document)

8. Detailed Classification of All-India, Central, and State Services

• All-India Services:
  • Training and Deployment: Recruits are trained by the Central Government but assigned to state cadres.
  • Example: IAS officers may start in a state position, later serve in a Central ministry, and return to their original state cadre.
  • Service Scale:
  • Officers progress through Junior, Senior, and Super Time Scales.
  • Example: An IAS officer typically starts at the Junior Scale and gradually moves to more senior roles within their cadre.
• Central Services:
  • Functional and Technical Positions: Many roles require specific expertise and are managed within specialized ministries.
  • Example: The Indian Foreign Service (IFS) oversees diplomatic missions and consulates globally, representing India’s interests abroad.
  • Prestige and Hierarchy:
  • IFS is considered one of the top Central Services, with a ranking just below IAS, especially in terms of international diplomacy and pay scales.
• State Services:
  • Varied Roles and Responsibilities: State services differ across states based on local needs but include essential services like police, forestry, health, and education.
  • Example: A state’s Agricultural Service may focus on local crop management and rural development projects, addressing specific regional agricultural needs.
  • Promotion Path:
  • Some officers in state services can be promoted to All-India Services, based on merit and through selection committees.

9. Recruitment and Service Conditions: Rights and Restrictions

• Recruitment Mechanisms:
  • Recruitment into public services can occur through competitive exams (e.g., UPSC for All-India Services), direct appointment, or departmental promotions.
  • Example: IAS, IPS, and IFoS officers are recruited through the UPSC Civil Services Examination, which is highly competitive.
  • Service Conditions:
  • Defined by the government and cover aspects like salary, promotions, retirement benefits, and disciplinary actions.
  • Conduct rules are implemented to ensure impartiality, neutrality, and integrity in public servants.
• Fundamental Rights Limitations:
  • Public servants may face restrictions on their rights, such as political activities, to uphold service neutrality.
  • Example: Conduct rules prevent civil servants from openly participating in political rallies, ensuring impartial governance.

10. Doctrine of Pleasure and Exceptions

• Doctrine of Pleasure:
  • Civil servants hold office at the pleasure of the President (Central) or Governor (State), meaning their tenure can be terminated without cause under normal conditions.
  • Exception Contracts:
  • Specific contracts may offer compensation to officers if their roles are unexpectedly terminated without misconduct.
  • Example: A senior consultant with specialized skills might receive an agreement ensuring compensation if their position is abolished.

11. Safeguards for Civil Servants

• Protection Against Arbitrary Dismissal:
  • Two critical protections include the inability to be dismissed by a lower authority than the appointing one and the requirement of a fair inquiry.
  • Example: A senior IAS officer cannot be dismissed without a proper inquiry or by an authority below the rank of their original appointer.
  • Exceptions to Inquiry:
  • No inquiry is required in cases of criminal convictions, when impractical, or when state security is at risk.
  • Example: A civil servant convicted of a criminal offense can be dismissed without further departmental inquiry.

12. Creation of New All-India Services

• Legislative Requirement:
  • Any new All-India Service requires a two-thirds majority approval in the Rajya Sabha and must serve a national interest.
  • Example: The Indian Forest Service (IFoS) was established in 1966 to address environmental management needs, highlighting the specialized scope of new services.
• Judicial Services Potential:
  • The concept of an All-India Judicial Service exists but has yet to be implemented; it would require roles not lower than a district judge to maintain judicial independence and quality.

13. Transitional and Special Provisions

• Transitional Continuity (Article 313):
  • Ensures that all laws regulating public services before the Constitution’s enactment remain valid until new laws are established.
  • Example: Rules established during British rule, where relevant, were upheld post-Independence to ensure stability.
• Repeal of Article 314:
  • Originally, Article 314 provided protection for officers in services existing before 1950, but it was later removed, removing a separate class of protected senior officers.

Summary Table on Safeguards and Key Principles