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Services Under The Union And The States

Public Services have not been included in most the Constitutions of the World. But realising the importance of the public service in a democratic country, Part XIV has been incorporated in the Constitution.

Defense services play a critical role in ensuring security of the country.  Similarly, Civil Services plays a critical role in implementing the policies of the Union and the States.  

Article 309 empowers the Parliament or the State Legislature to regulate the recruitment or conditions of service of persons appointed to public services or posts in connection with the affairs of the Union or any State respectively. President or the Governor as the case may be is empowered to make rules till Parliament or State Legislature make provisions in this regard.

Article 310 provides that every person who is member of Defense Service or of a Civil Service of the Union  or of an All India Service or holds any post connected with Defense or any Civil Post under the Union holds such position during pleasure of the President. Similarly, any such person who is member of Civil Service of a State or holds any Civil Post under the State holds office during pleasure of the Governor.

A contract which provides for appointment of  a person having special qualification,  who is not member of Defense Service  or of an All India Service or of Civil Service of Union or State, can also provide for compensation in case abolition of such post or required to vacate the post for reasons unconnected with misconduct.

What is Doctrine of Pleasure ?

Doctrine of pleasure principle has its origin in England where civil servants holds  any post during pleasure of the Crown.  The Crown can remove a civil servant anytime without any notice.  A terminated civil servant cannot sue the Crown.

Indian Constitution has also adopted this principle in modified form. Public servants hold his post during the pleasure of the President or the Governor as the case may be. This principle is subject to other constitutional provisions. It is pertinent to mention that for many posts like judge of the Supreme Court & Hight Court, Comptroller and Auditor General etc. the process of removal has been given in the Constitution itself. Further, certain protection has been given to the civil servants under Article 311 of the Constitution.

The Supreme Court in State of UP Vs. Babu Ram Upadhyaya  (AIR 1961 SC 751) has held that power to dismiss at pleasure is a constitutional power and cannot be delegated. In Sardari Lal Vs. Union of India (1971 AIR 1547)  the Supreme Court has held that executive functions of the nature entrusted by certain articles in which the President has to satisfied personally cannot be delegated by the President. The Supreme Court has overruled these findings in Shamsher Singh Vs. State of Punjab (1974 AIR 2192) and has held thatwherever the Constitution requires the satisfaction of the President or the Governor for the exercise by the President or the Governor of any power or function, the satisfaction required by the Constitution is not the personal satisfaction of the President or Governor but the satisfaction of the President or Governor in the Constitutional sense in the Cabinet system of Government, that is, satisfaction of his Council of Ministers on whose aid and advice the President or the Governor generally exercise all his powers and functions.

What are protections available to Civil Servants against Dismissal, Removal, or Reduction of Rank ?

Article 311 provides certain protections to Civil Servants.

A   person who is  in Civil Service of Union or All India Service or a Civil Service of State or holds a Civil Post under the Union or All India Service or a Civil Service of a State or holds a Civil Post under the Union or a State  cannot be removed by an authority subordinate to that by which he was appointed.

No such person can be dismissed or removed or reduced in rank except after an inquiry in which he has been informed about the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Penalty can be imposed on the basis of evidence adduced during such inquiry and it will not be necessary to give opportunity to such person on making representation during such inquiry.

Such inquiry will not be required in the following cases.

  • Where a person has been dismissed, removed, or reduced in rank on the ground which has led to his conviction on a criminal charge
  • Where the authority empowered to dismiss, remove and reduce in rank is satisfied for the reason, to be recorded in writing, that it is not practicable to hold such inquiry.
  • Where the President or the Governor, as the case may be, is satisfied that in interest of security of State it is not expedient to hold such inquiry.

What is All India Service ?

All India Services can be created under Article 312. If Rajya Sabha passes a resolution supported by not less than two third of members present and voting for creation of one or more All India Services in the national interest, the Parliament by law provide for creation of one or more All India Services including Judicial Service common to Union and States and regulate the recruitment and the conditions of service of persons appointed to any such service.  Any such law will not be deemed to amendment of the Constitution for the purposes of Article 368.

Indian Administrative Service and Indian Police Service are deemed to be All India Services under this Article. 

All India Judicial Service will not include any post inferior to District Judge.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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