Public Services

Classification of Services

• Indian public services are classified into:
  • All-India Services
  • Central Services
  • State Services

All-India Services

• Common to both Central and State governments.
• Members occupy top positions in both.
• Currently, there are three:
  • Indian Administrative Service (IAS)
  • Indian Police Service (IPS)
  • Indian Forest Service (IFoS)
• ICS replaced by IAS and IP replaced by IPS in 1947.
• IFoS established in 1966.
• Article 312: Parliament can create new All-India Services based on a Rajya Sabha resolution.
  • Requires a resolution passed by Rajya Sabha.
• Drafting Committee initially didn't give constitutional status.
• Sardar Vallabhbhai Patel: "Father of All-India Services".
• All-India Services Act of 1951: Central Government makes rules for recruitment and service conditions in consultation with states.
• Recruited and trained by the Central Government but assigned to state cadres.
• Serve the Central Government on deputation.
• Single service with common rights, status, and pay.
• Class-I (Group-A) Services.
• Three Categories:
  • Super time scale
  • Senior scale
  • Junior scale
• Managed and controlled by different Central Government Ministries:
  • IAS: Ministry of Personnel, Public Grievances and Pensions
  • IPS: Ministry of Home Affairs
  • IFoS: Ministry of Environment, Forest and Climate Change
• Jointly controlled by Central and State governments.
  • Ultimate control lies with the Central Government.
  • Immediate control vests with state governments.
• Salaries and pensions paid by states.
• Disciplinary action only by the Central Government.
• Twenty-six state cadres.
  • Joint cadres: Assam-Meghalaya & AGMUT (Arunachal Pradesh, Goa, Mizoram, Union Territories).

Central Services

• Under the exclusive jurisdiction of the Central Government.
• Specialized positions in Central Government departments.
• Controlled by respective ministries/departments.
• Ministry of Personnel determines general policies.
• Before independence: Class I, Class II, Subordinate, and Inferior services.
• Post-independence: Subordinate and Inferior Services replaced by Class III and Class IV.
• 1974: Class I, II, III, IV changed to Group A, B, C, and D.
• Four Categories:
  • Group A
  • Group B
  • Group C
  • Group D
• 66 Group A Central Services (examples listed in text).
• IFS is the top-most Central Service.

State Services

• Under the exclusive jurisdiction of state governments.
• Occupy lower administrative positions than All-India services.
• Number of services differs by state.
• Common services:
  • Civil Service
  • Police Service
  • Forest Service
  • Agricultural Service
  • Medical Service
  • Veterinary Service
  • Fisheries Service
  • Judicial Service
  • Public Health Service
  • Educational Service
  • Co-operative Service
  • Registration Service
  • Sales Tax Service
  • Jail Service
  • Service of Engineers
• State name is added as a prefix.
• Civil service (administrative service) is the most prestigious.
• Classified into four categories: Class I (Group A), Class II (Group B), Class III (Group C), and Class IV (Group D).
• Classified as gazetted and non-gazetted.
  • Class I & II usually gazetted. Class III & IV usually non-gazetted.
• Gazetted officers' names are published; enjoy privileges.
• All-India Services Act of 1951: state service officers can be promoted to senior posts (up to 33.33%) in IAS, IPS & IFoS.
  • Promotions based on recommendations by a selection committee headed by UPSC.

Constitutional Provisions

• Articles 308 to 314 (Part XIV): All-India, Central, and State Services.

Recruitment and Service Conditions

• Article 309: Parliament and state legislatures regulate recruitment and service conditions.
  • Until laws are made, President/Governor can make rules.
• Recruitment: appointment, selection, deputation, promotion, transfer.
• Service conditions: pay, allowances, leave, promotion, tenure, transfer, rights, disciplinary action, retirement benefits.
• Parliament/State Legislature can impose reasonable restrictions on Fundamental Rights in the interests of integrity, honesty, efficiency.

Tenure of Office (Doctrine of Pleasure)

• Article 310: Members of defense services, civil services (Centre & All-India), and persons holding military/civil posts hold office during the pleasure of the President/Governor.
• Exception: Compensation may be provided if a post is abolished or vacated for non-misconduct reasons for specially qualified personnel.

Safeguards to Civil Servants

• Article 311: Restrictions on the 'doctrine of pleasure'.
  • Cannot be dismissed by an authority subordinate to the appointing authority.
  • Cannot be dismissed without an inquiry and opportunity to be heard.
• Safeguards apply to civil services of the Centre, All-India services, State civil services.
• Second safeguard not available:
  • Conviction on a criminal charge.
  • Impracticality of holding an inquiry.
  • Security of the state.
• The 42nd Amendment Act of 1976 abolished second opportunity.
• 'Reasonable opportunity of being heard' includes:
  • Opportunity to deny guilt and establish innocence.
  • Opportunity to defend self by cross-examining witnesses.
  • Supply of inquiry officer's report for comments.

All-India Services (Article 312)

• Parliament can create new All-India Services (including an all-India judicial service) if Rajya Sabha passes a resolution by a two-thirds majority.
• Parliament regulates recruitment and conditions of service.
• IAS and IPS are deemed to be created by Parliament.
• All-India judicial service should not include posts inferior to a district judge.

Other Provisions

• Article 312A (28th Amendment Act of 1972): Parliament can vary/revoke service conditions of those appointed before 1950.
• Article 313: Transitional provisions; laws in force before 1950 continue.
• Article 314 (protection of existing officers) was repealed by the 28th Amendment Act of 1972.