Service under the union and the states

By– Kohina Bhargava

INTRODUCTION

The Indian Constitution calls for the establishment of All India Services that benefit both the Union and the States. The Central Government may create rules for governing the recruitment and terms of service of personnel assigned to the All India Services under the All India Services Act, 1951. For as long as they are a member of the relevant Service, officers of the All India Services are grouped into cadres derived from the states in which they are assigned to work. There are three joint cadres: Assam-Meghalaya, Manipur-Tripura, and Arunachal Pradesh-Goa-Mizoram-Union Territories. Each state has its own cadre (AGMUT). The cabinet has approved the North-Eastern Areas (Re-organization) Amendment Bill, 2011, which proposes to establish separate All India Services Cadres for the states of Manipur and Tripura. Acts of the appropriate Legislature mar regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State, subject to the provisions of this constitution. Provided, however, that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a state or such person as he may direct in the case of services and posts in connection with the affairs of any State. And the terms of employment of people appointed to such services and posts until an act of the appropriate Legislature under this article makes provision in that regard, and any rules adopted in that regard shall take effect pursuant to the requirements of any such act.

Doctrine of Pleasure

The common law gave birth to the doctrine of pleasure. The rule in England was that a public servant might maintain his post for as long as the crown pleased. And the service could be terminated at any moment when the crowd desired. The same rules applied in India as well. Public employees have a unique connection with their employer. While the Government, that differs in some ways from the master-servant relationship under common law.

Doctrine of Pleasure’s Applicability

Public services are covered by the enjoyment doctrine. According to Article 310, the President or Governor has discretion over the services provided under Part XIV. This section clarifies that anyone who serves in the defense service, the civil service of the Union, or an all-India service, or holds any post connected with defense or any civil post under the Union, serves at the pleasure of the President, and anyone who serves in the civil service of a State or holds any civil post under a State serves at the pleasure of the Governor 3 of the State. Despite the fact that these officers serve at the leisure of the president and governor, their dismissal is conditional. Article 310 states that this criterion must be met (2). Article 310(2) states that in the event of a person’s discharge from these services, the president or Governor may provide for compensation (in order to acquire the services of a person with particular qualities.

Recruitment and working conditions for government employees are regulated Article 309 gives the Parliament and state legislatures the authority to govern the recruitment and conditions of employment of those appointed to public services and posts in the Centre and States, respectively. Until such laws are enacted, the president or governor of the United States can set rules to govern such matters, according to the original constitution.

Civil servants are removed and dismissed Article 311 makes it clear that a member of the Union or State civil service cannot be terminated or removed by a superior authority. Only after an investigation in which he or she has been told of the charges levelled against him or her and has been given a reasonable opportunity to be heard on those charges is removal conceivable.

The preceding rule, however, does not apply in the following situations: 1) If the person is found guilty of a crime. 2) If the authority with the authority to remove him/her records in writing that there are sufficient reasons to remove him/her from employment and that conducting such inquiries is practically impossible. In such instances, the authority’s decision is definitive. If the Governor or President believes that an investigation is not required in the interests of security.

New All-India Services

Article 312 states that if the Rajya Sabha declares that it is necessary or expedient in the national interest to create one or more all-India services by resolution supported by not less than two-thirds of the members present and voting (Special Majority), Parliament may pass legislation to create one or more all-India services. Please note that the All India Judicial Service is included in this. Article 312 also specifies that the services known as the Indian Administrative Service and the Indian Police Service at the time of the Indian Constitution’s inception should be deemed to be services formed by Parliament under this article. All-India Judicial Service is being proposed Article 312 also states that no office lower than that of a district judge, as defined in article 236 of the Constitution, will be included in the all-India judicial service. The law establishing the all-India judicial service referred to above may include provisions amending Chapter VI of Part VI as may be necessary to give effect to the provisions of that law, but no such law shall be regarded an amendment of this Constitution for the purposes of article 368. Changes in Civil Servants’ Working Conditions Article 312 A states that the Parliament can amend or abolish the conditions of employment in terms of compensation, leave, and pension, as well as the rights of persons assigned to serve in any service or office under the Government of India or a State in disciplinary proceedings, by law. Article 312 also states that any argument over such a decision would not be challenged in court. Commissions on state public service Public Service Commissions for the Union and each state are established under Article 315. If two or more States agree to form a Joint State Public Service Commission, and a resolution to that effect is passed by the House or, if there are two Houses, by each House of the Legislature of each of those States, Parliament may establish a Joint State Public Service Commission by legislation. Article 308- Interpretation Unless the context indicates otherwise, the term “State” in this Part does not include the state of Jammu and Kashmir. Article 309 – Persons serving the Union or a State’s recruitment and service conditions. Acts of the relevant Legislature may control the recruitment and terms of service of persons appointed to public services and posts in connection with the operations of the Union or any State, subject to the requirements of this Constitution: Provided, however, that the President, or such person as he may direct in the case of services and posts related to the Union’s affairs, and the Governor of a State, or such person as he may direct in the case of services and posts related to the State’s affairs, shall have the authority to make rules governing recruitment. And the terms of employment of people appointed to such services and posts until an act of the appropriate Legislature under this article makes provision in that regard, and any rules adopted in that regard shall take effect pursuant to the requirements of any such Act. Persons engaged in civil roles under the Union or a State are subject to dismissal, removal, or reduction in rank under Article 311. 1. No person who is a member of the Union’s civil service, an all-India service, or a State’s civil service, or holds a civil office under the Union or a State, may be fired or removed by an authority that is subordinate to the one that appointed him. 2. No such person must be dismissed, demoted, or lowered in rank unless and until an inquiry has been conducted. 3. If a doubt arises as to whether it is practically practicable to hold the inquiry referred to in subsection (2) in respect of any such person as aforesaid, the authority entitled to fire, remove, or decrease such person in rank shall make the ultimate decision.

Article 312- Services provided throughout India. 1. Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States declares that it is necessary or expedient in the national interest to create one or more all-India services (including an all-India judicial service) common to the Union and the States by resolution supported by not less than two-thirds of the members present and voting, Parliament may by law provide for the creation of one or more all-India services (including an all-India judicial service) common to the Union and the States. 2. The Indian Administrative Service and the Indian Police Service shall be deemed to be services formed by Parliament under this article, as they were at the time of the Constitution’s adoption. 3. The all-India judicial service mentioned in clause (1) does not include any position lower than that of a district judge, as defined in article 236. 4. The law creating the all-India judicial service mentioned above may include provisions amending Chapter VI of Part VI as may be necessary to give effect to the provisions of that law, but no such law will be regarded an amendment of this Constitution for the purposes of article 368. Article 315 – or more states may agree, under Article 315 of the Indian Constitution, to form a single Public Service Commission for that group of states. Each House of the Legislature in each of the states must pass a resolution approving such an arrangement. Article 316- Member appointment and duration of office A group of two or more states may agree to form a single Public Service Commission. Each House of the Legislature of each of the states must pass a resolution approving such an arrangement.

Some Factors Related to Strike

Under Article 19(1)(a) of the Constitution, there is no basic right to strike. Parliament call restrict or abrogate the rights of members of the Military forces is forces responsible with maintaining public order under Article 33 of the Constitution. It is the Government’s policy that employees therein shall not strike for the purpose of securing changes in their terms and conditions of employment.

Some Case Laws

Shyam Lal vs. State of U.P. (AIR 1954 SC 369)

State of Gujarat vs. Umedbhaib M. Patel (AIR 2001 SC 1109)

Champaklal vs. Union of India (AIR 1964 SC 1854)

Khem Chand vs. Union of India (AIR 1958 SC 300)

U.P.P.S.C. through its Chairman vs. Rahul Singh (AIR 2018 SC 2861)

CONCLUSION

The governments of the respective states create laws governing the recruitment and service conditions of personnel appointed to an All-India Service. All regulations created under this section must be put before Parliament within fourteen days of their making. And they must be subject to any adjustments, whether by repeal or amendment, that parliament may make on a motion made during the session in which they are laid.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this:
search previous next tag category expand menu location phone mail time cart zoom edit close