SERVICE LAW

PROJECT REPORT

ON

SERVICES UNDER THE UNION AND STATES:

CONSTITUTIONAL PERSPECTIVE

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 TABLE OF CONTENTS

Sr. No. PARTICULARS PAGE

No.
1. Introduction 4
2. Constitutional framework of civil services in India 5-6
3. Constitutional provisions 6
4. Recruitment and conditions of service 6-10
• Services under union territories
• Conditions of service regulated by executive orders
• Matters falling within the terms 'recruitment' and 'conditions of
service'
• Relation of 309 with 246 read with VII schedule

5. Doctrine of pleasure 10-16

• Doctrine of pleasure in India
• Application of article 311
• Dismissal and removal
• Exceptions to article 311
6. All India Services 17-22

• Indian Administrative Service (IAS)

• Indian Forest Service (IFS)
• Indian Police Service (IPS)

7. Transitional Provisions 22
8. Conclusion 23
9. Bibliography 24

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 INTRODUCTION

The administration of the union and the states has to be carried on through the agency of large
number of persons employed in the various services and posts under the union and the states.
The two broad classifications of services under the union are:

(1) civil and

(2) defence.

The services under the state governments consist of civil services only. The defence services
are entrusted with the duties pertaining to the defence of the country and naturally they do not
come in touch with the common man. It is personnel belonging to various civil services and
posts under the union and the states who are required to serve the needs of the public. Hence,
the civil services under the union and the states are also called the public services (vide entry
70 of list 1 and entry 41 of list II of the VII schedule, respectively).

There is relationship of master and servant between the union and the states and its servants.
The relationship between the union and the states and its servants is not left to be regulated as
a mere contractual relationship in view of the provisions contained in part III of the Constitution
(fundamental rights) and part XIV (articles 309 to 323) and special provisions relating to
certain specified services, the servants under the union and the states after their appointment
acquire a status. Their rights and obligations are all required to be determined by the provisions
of statutes and statutory rules which may be framed or altered by the competent authority
unilaterally and are not to be determined by consent of both the parties as in the case of
contractual relationship.

The subject matter relating to services under the union and all India services fall within the
legislative power of Parliament vide entry 70 of list 1 of the VII schedule to the Constitution
read with articles 245 and 246(1). Similarly, the services under the states fall within the
legislative power of the states vide entry 41 of list II of VII schedule read with articles 245 and
246(2). By virtue of these legislative powers it is competent for Parliament or the legislature,
as the case may be, to make any law relating to the services. Matters relating to the services
include the power to create or abolish the services or posts fixing the strength of a cadre or
cadres, prescription of powers and duties attached to the post and every matter relating to
services including matters relating to recruitment and conditions of service, it is competent for

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the legislature to provide by legislation for all matters relating to the services in exercise of its
legislative power.

Constitutional Framework of the Scheme of Civil Service in India

One of the matters, which do not usually find place in a constitutional document but have been
included in our Constitution, is the Public Services. Before passing the Government of India
Act 1935, a Joint Select Committee on Indian Constitutional Reforms was constituted. The said
JPC, among other things, submitted its observations with regard to Civil Services as follows:
“The system of responsible Government, to be successful in practical working, requires the
existence of a competent and independent Civil Service staffed by persons capable of giving
to successive Ministers advice based on long administrative experience, secure in their
positions, during 75 good behaviour, but required to carry out the policy upon which the
Government and Legislature eventually decide”.

When the draft Constitution was prepared by the Constituent Assembly of India there was no
mention of the All India Services in it. The reason was, majority of the members of the
Constituent Assembly including Pandit Jawaharlal Nehru were opposed to giving
Constitutional status to the then All India Services namely the ICS and the IP. The reasons for
the antagonism are quite plain to understand.

The ICS and Indian Police were extremely efficient and competent but their loyalties were
totally with the British Crown. All along the course of freedom struggle the role of these All
India Services had been to be indifferent to the freedom movement and many a times this
machinery was used by the British to suppress the freedom struggle and the freedom fighters
of all hues had suffered hardships at the hands of the ICS and the Indian Police. The ICS and
IP consisted of both Europeans and Indians.

The Indian component of these Services tried to prove itself more loyal than the king, as a
consequence, on the eve of independence none of the political leaders had any sympathy for
them. Pandit Jawaharlal Nehru in his biography The Discovery of India’ has made the
following observations about the Indian Civil Service, severely criticizing the role of the ICS:
“If the ability and efficiency are to be measured from the point of view of strengthening the
British empire in India and helping it to exploit the country, the ICS may certainly claim to

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have done well. If, however, the test is the well being of the Indian masses, they have signally
failed.”

CONSTITUTIONAL PROVISIONS

Part XIV is a compilation of laws pertaining to the constitution of India as a country and the
union of states that it is made of. This part of the constitution consists of Articles on Services
Under the Union and the States. Articles that fall under this category include Article 309 –
314.

▪ RECRUITMENT AND CONDITIONS OF SERVICE

Out of various matters relating to the services, two matters, namely, recruitment and conditions
of service under the union and the states have been singled out for special treatment under
article 309. The first part of article 309 only reiterates the power of Parliament and the
legislature to make laws relating to the services even in respect of recruitment and conditions
of service which is included within its legislative power under article 246.

The problems relating to recruitment and conditions of service are manifold and require to be
regulated as and when the necessity arises and cannot wait for legislative enactments the
framing of which naturally takes some time. Therefore, under proviso to article 309 it is
provided that the recruitment and conditions of service could be regulated by the rules framed
by the President or the Governor, as the case may be, subject to the acts of appropriate
legislature. Having regard to article 309 of the Constitution, it is competent for the President
or any person authorised by him or the Governor or any person authorised by him to regulate
by rules the method of recruitment and conditions of service to the services under the union or
the states, respectively.

Rules framed under article 309 have to be strictly confined to recruitment and conditions of
services of persons mentioned therein.1 Under article 309 the power of legislature to regulate
recruitment and conditions of service is wide and includes power to constitute a new cadre by

1
State of Punjab v. Kailash Nath, 1989 (1) SLR 12 at 18.

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merging certain existing cadres.2 The rule making power is conferred on the President or the
Governor or their delegate personally and does not form part of the executive power of the
state.3

Subject to the law made by legislature the rule has the same efficacy as that of legislative
enactment."4 This legislative power carries with it the power to amend or alter the rules with
retrospective effect.5 It is neither legal nor proper for the high court or administrative tribunal
to issue a mandate to the state government to make service rules under article 309.6

Though non-statutory rules cannot modify statutory rules there is nothing to prevent the
government from issuing administrative instructions on matters upon which the statutory rules
are silent.7 While making instructions for promotion etc., the instructions should not override
statutory rules.8 A rule made in exercise of the power under the proviso to article 309
constitutes law within the meaning of article 235. For the same reason such rule may be struck
down only on such ground as may invalidate a legislative measure, e.g., violation of articles 14
and 16 and not because the court considers it to be unreasonable.9

Services under union territories

Under proviso to article 309, the President or any person authorised by him is competent to
regulate recruitment and conditions of service of employees in connection with the affairs of
the union. The services and the posts in the union territories are services and posts in connection
with the affairs of the union. Therefore, it is competent for the President to frame rules of
recruitment and conditions of service in respect of services under the union territories.

As the services and posts under the union territories are services and posts under the union, it
follows that the constitution of a joint service for more than one union territory which is
administered by the same authority, viz., President of India, with common control of that

2
V. P Shivprasad Pipal v. Union of India, AIR 1998 SC 1882.
3
State of Uttar Pradesh v. Baburam, AIR 1961 SC751: B.S. Vadera v. Union of India. AIR 1969 SC 118;
Chandrasekhara v. State of Mysore, 1962 Mys LJ 87.
4
Jaichand v. Union of India. SLR 1969 Del 386.
5
T.R Kapur v. State of Haryana. AIR 1987 SC 415.
6
Mallikarjuna Rao v. State of Andhra Pradesh, AIR 1990 SC 1251.
7
Controller and Auditor General of India v. Mohan, AIR 1991 SC 2288.
8
Ramesh Chand v. Director, Department of Rural Development & Panchayats, Chandigarh, 2005 (2) SLR (P &
H) (DB) 713
9
Bansal v. Union of India. AIR 1992 SC 978.

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service is an essential adjunct of common administrative powers. Therefore, the constitution of
a joint cadre for union territories is obviously within the scope of article 309.

Conditions of service regulated by executive orders

In the absence of statutory provisions, it is competent for the state to regulate conditions of
service in exercise of its executive power.10 However, no such instructions can override,
enlarge or reduce the scope of a rule duly framed under article 309 though administrative
instruction may be regarded as a guide for the exercise of jurisdiction. Therefore, when
conditions of service as prescribed in the orders issued by the state in exercise of its executive
powers confer rights on civil servants, it cannot be disregarded. A civil servant is entitled to
enforce such conditions of service prescribed under executive orders. However, a condition of
service of employees cannot be retrospectively altered to the prejudice of the employees.
Government has no lawful authority to prejudicially affect the rights of a government servant
retrospectively by mere executive instruction.

Matters falling within the terms 'recruitment' and 'conditions of service'

Under article 309 the state is empowered to regulate "Recruitment and Conditions of Service".
Regulation of recruitment means the prescription of qualifications for appointment to any
service or post as also the prescription of the method or procedure for selection and
appointment. "Conditions of Service" are manifold. Every matter relating to the terms and
conditions subject to which a civil servant is employed under the state as regulated by statute,
rules or orders become his "conditions of service".

The expression conditions of service means all those conditions which regulate the holding of
a post by a person right from the time of his appointment till his retirement and even beyond
it, in matters like pension etc. There are several matters relating to conditions of service. For
instance, rules regulating payment of salary, pay scale, increment, other allowances, leave,
confirmation, seniority, promotion, tenure, termination, superannuation, pension, etc., are all
matters relating to conditions of service.

10
B.N. Nagaraja v. State of Mysore. AIR 1966 SC 1942.

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The question of enforceability of the rules depends upon the nature of the rules. Breach of
every rule though framed under article 309 is not necessarily enforceable. It is to be seen
whether a particular rule creates a right on the civil servant and consequently the violation of
it gives him a right to enforce the rule. Different posts may have different conditions of service.
Different conditions for different or dissimilar post is not discrimination under article. Various
matters relating to recruitment and conditions of service and the extent of their enforceability
are dealt with separately subject wise.

Relation of 309 with 246 read with VII schedule

The power to make rules conferred by Article 309 of the Constitution or by other statutes
includes the power to add, amend or alter the rules by virtue of Article 367 of the Constitution
and Section 21 of the General Clauses Act, 1897.

Accordingly, so long as the Constitutional provision are not contravened, the rules governing
the conditions of service of Government servants can be altered or amend by the Government
from time to time according to the exigencies of the public service without the consent of a
Government servant concerned who will be bound by such amendment or alteration in the
rules.

The Privy Council in Venkat’s case11 observed that rules which are manifold in numbers and
most minute in particularity are all capable of change from time to time. The Supreme Court
also in Grewal Rao’s case12 observed that numerous rules relating to conditions of service may
have to be changed from time to time if the exigencies of public service so require. There is no
question of consent of the Government servant concerned at least by reason of the sheer
impossibility of securing such consent from everyone. It is also open to the Government to
alter service rules retrospectively which may affect even the existing incumbents adversely.

However, the existing incumbents are generally given protection with a view to avoiding
hardship to them. The rights accruing to a Government servant under the conditions of service
in force at the time of his retirement cannot be taken away after his retirement.

11
R. T. Rangachari v. Secretary of State, AIR 1937 PC 27
12
D. S. Garewal v. The State Of Punjab And Another, AIR 1959 SC 512

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 ▪ DOCTRINE OF PLEASURE

The doctrine of pleasure owes its origin to common law. The rule in England was that a civil
servant can hold his office during the pleasure of the crown and the service will be terminated
any time the crown wishes the same rule is applied in India.

Public servants have got a special relationship with their employer, viz. the Government which
is in some aspects different from the relationship under the ordinary law, between the master
and servant. It will, therefore, be appropriate to describe briefly the basic provisions of the
Constitution pertaining to services. The Chief Vigilance Officers and officers handling
vigilance cases will need to bear them in mind while processing disciplinary cases against
Government servants. The member of Defence services or civil services of the union or All-
India services hold their office during the pleasure of president. Similarly, member of state
services holds the office during the pleasure of governor.

Civil Servants are considered as the back bone of the administration. In order to ensure the
progress of the country it is essential to strengthen the administration by protecting civil
servants from political and personal influence. So provisions have been included in the
Constitution of India to protect the interest of civil servants along with the protection of national
security and public interest. The provisions related to services under Union and State is
contained under part XIV of the Indian Constitution.

Doctrine Of Pleasure In India

Doctrine of Pleasure under the Indian Constitution is also based on the same policy
considerations as it existed under the common law in England. Though doctrine of pleasure is
accepted in India as it has developed in England, it has not been completely accepted in India.
This Doctrine of Pleasure is embodied in India in Article 310(1).

Article 310 of the Constitution comprises of the basic rules laying down the tenure of office of
persons serving the Union or a State except as expressly provided by this Constitution, every
person who is a member of a defence service or of a civil service of the Union or of an all India
service or holds any post connected with defence or any civil post under the Union, holds office
during the pleasure of the President, and every person who is a member of a civil service of a

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State or holds any civil post under a State holds office during the pleasure of the Governor of
the State.

Now if such powers are given to president of India and the governor of states then it would be
really difficult to exercise power on them so there are certain offices which are outside the
purview of Article 310 and Article 311 was put as a restriction to doctrine of pleasure.

The general rule which operates is “except as expressly provided by the Constitution.” This
means that the Doctrine is subject to constitutional limitations. Therefore, when there is a
specific provision in the Constitution giving to servant tenure different from that provided in
Article 310, then that servant would be excluded from the operation of the pleasure doctrine.
The following are expressly excluded by the Constitution from the rule of Pleasure.

They are:

1. Supreme Court Judges (Article 124)

2. Auditor General (Article 148)

3. High Court Judges (Article 217, 218)

4. A member of Public Service Commission (Article 317)

5. The Chief Election Commissioner.

Though doctrine of pleasure is accepted in India as it has developed in England, it has not been
completely accepted in India. It is subject to the provisions of Article 311 which provides for
procedural safeguards for civil servants.

Clause (2) of Article 310 states that though all service under the Government is terminable at
any time, this clause provides for payment of compensation where service is held under a
special contract which provides for payment of compensation and the service is terminated
before the expiry of the contractual period.

This clause is, though, not applicable in the following cases:

• In the case of members of Defence Services.

• In the case of members of All India Services.

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 • In the case of members of a civil service of the Union or of a State.

The scope of this clause is very narrow and is limited to those cases where the post does not
belong to any of the regular services and the Government is obliged to enter into a special
contract for securing the services of a person having special qualifications.[xix] The
compensation is payable only for premature termination of contractual service. This clause
enables the President or Governor to enter into a contract with specially qualified persons
providing for payment of compensation where no compensation is payable under the doctrine
“service at the pleasure of the State”.

Article 311 of the Constitution of India states that:

(1) No person who is a member of a civil service of the Union or an all-India service or a civil
service of a State or holds a civil post under the Union or a State shall be dismissed or
removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after
an inquiry in which he has been informed of the charges against him and given a reasonable
opportunity of being heard in respect of those charges: Provided that where, it is proposed
after such inquiry, to impose upon him any such penalty, such penalty may be imposed on
the basis of the evidence adduced during such inquiry and it shall not be necessary to give
such person any opportunity of making representation on the penalty proposed: Provided
further that this clause shall not apply —

(a) where a person is dismissed or removed or reduced in rank on the ground of

conduct which has led to his conviction on a criminal charge; or

(b) where the authority empowered to dismiss or remove a person or to reduce him in
rank is satisfied that for some reason, to be recorded by that authority in writing, it
is not reasonably practicable to hold such inquiry; or

(c) where the President or the Governor, as the case may be, is satisfied that in the
interest of the security of the State it is not expedient to hold such inquiry.

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 (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably
practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the
authority empowered to dismiss or remove such person or to reduce him in rank shall be
final."

Therefore, services of any civil servants cannot be terminated at pleasure unless the mandatory
provisions of Article 311 have been observed. This doctrine of pleasure is further restricted by
the general law of the land which empowers any civil servant to file suit in a court of law for
enforcing any condition of his service and for claiming arrears of pay. The power to dismiss at
pleasure any civil servant is not a personal right of the President or the Governor, as the case
may be. It is an executive power which is to be exercised at the advice of Council of Ministers.
Doctrine of Pleasure as contained in Article 310, being a constitutional provision cannot be
abrogated by any legislative or executive law; therefore Article 309 is to be read subject to
Article 310.

Application of Article 311

The most notable point is that Article 311 is available only when ‘dismissal, removal, reduction
in rank is by way of punishment.’ So it is difficult to determine as to when an order of
termination of service or reduction in rank amounts to punishment in case of Parshottam Lal
Dhingra v. Union of India.13 The Supreme Court laid down 2 tests to determine when
termination is by way of punishment –

• Whether the servant had a right to hold the post or the rank?
• Whether he has been visited with evil consequences?

If a government servant had a right to hold the post or rank under the terms of any contract of
service, or under any rule, governing the service, then the termination of his service or reduction
in rank amounts to a punishment and he will be entitled to protection under Article 311. Articles
310 and 311 apply to Government servants, whether permanent, temporary, officiating or on
probation.

The procedure laid down in Article 311 is intended to assure, first, a measure of tenure to
government servants, who are covered by the Article and secondly to provide certain

13
1958 AIR 36, 1958 SCR 828

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safeguards against arbitrary dismissal or removal of a government servant or reduction to a
lower rank. These provisions are enforceable in a court of law. Where there is an infringement
of Article 311, the orders passed by the disciplinary authority are void ab-initio and in the eye
of law “no more than a piece of waste paper” and the government servant will be deemed to
have continued in service or in the case of reduction in rank, in his previous post throughout.
Article 311 is of the nature of a proviso to Article 310. The exercise of pleasure by the President
under Article 310 is thus controlled and regulated by the provisions of Article 311.

Dismissal And Removal

The protection under Article 311(2) is available only where dismissal, removal or reduction in
rank is proposed to be inflicted by way of punishment and not otherwise. ‘Dismissal’ and
‘removal’ are synonymous terms but in law they acquired technical meanings by long usage in
Service Rules. There is, however, one distinction between the ‘dismissal’ and ‘removal’, that
is, while in case of ‘dismissal’ a person is debarred from future employment, but in case of
‘removal’ he is not debarred from future employment.

EXCEPTIONS TO ARTICLE 311

No Removal By Subordinate Authority

Removal by subordinate authority does not mean that the dismissal or removal must be by the
same authority who made the appointment or by his direct superior. It is enough if the removing
authority is of the same or co-ordinate rank as the appointing authority.14 In Mahesh v. State
of U P.,15 the person appointed by the Divisional Personnel Officer, E.I.R., was dismissed by
the Superintendent, Power, E.I.R. The Court held the dismissal valid as both the officers were
of the same rank.

14
Mahesh Prasad v. State of U.P., AIR 1950 SC 70
15
Mahesh v. State of U.P., AIR 1955 SC 70; Krishna Kumar v. Divisional Assistant EE, Central Railway, AIR
1979 SC 1972

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Reasonable Opportunity Of Being Heard

In an important judgment in Managing Director, ECIL v. B. Karunakar,16 the Supreme Court

has held that when the enquiry officer is not disciplinary authority, the delinquent employee
has a right to receive the copy of the enquiry officer’s report so that he could effectively defend
himself before the disciplinary authority. A denial of the enquiry officer’s report before the
disciplinary authority takes its decision on the charges, is a denial of reasonable opportunity to
the employee to prove his innocence and is a breach of the principles of natural justice. It is
difficult to say in advance to what extent the said findings would influence the disciplinary
authority while drawing its conclusions. The Court affirmed its rulings in Union of
India v. Mohd. Ramzan17, but held that it will apply only prospectively.

In Khem Chand v. Union of India18, the Supreme Court held that the ‘reasonable opportunity’
means:-

1. An opportunity to deny his guilt and establish his innocence, which he can do only if
he is told what the charges levelled against him are and the allegations on which such
charges as based.
2. An opportunity to defend himself by cross examining the witness produced against him
and by examining himself in support of his defiance.
3. An opportunity to make his representation as to why the proposed punishment should
not be inflicted on him.

Exclusion Of Opportunity To Be Heard

Article 311(2) provides that reasonable opportunity of being heard is not applicable in the
following cases:

1. where a person is dismissed or removed or reduced in rank on the ground of conduct

which has led to his conviction on a criminal charge; or
2. where the authority empowered to dismiss or remove a person or to reduce him in rank
is satisfied that for some reason, to be recorded by that authority in writing, it is not
reasonably practicable to hold such inquiry; or

16
Managing Director, ECIL v. B. Karunakar, (1993) 4 SCC 727
17
Union of India v. Mohd. Ramzan, (1991) 1 SCC 58
18
Khem Chand v. Union of India, AIR 1958 SC 300

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 3. where the President or the Governor, as the case may be, is satisfied that in the interest
of the security of the State, it is not expedient to hold such inquiry.

An employee who is convicted on criminal charges need not be given an opportunity to be

heard, before his dismissal from service. However in Divisional Personal Officer, Southern
Railway v. T. R. Chellappan19, the Supreme Court held that the imposition of the penalty of
dismissal, removal or reduction in rank without holding an inquiry was unconstitutional and
illegal. The objective consideration is only possible when the delinquent employee is being
heard. But in Union of India v. Tulshiram Patel20 the Court held that the dismissal, removal or
reduction in rank of a person convicted on criminal charges is in public interest, and therefore
not violative of Art. 311(2) of the Constitution. The Court thus overruled its earlier decision in
Chellappan’s case.

The Constitution of India through Article 311, thus protects and safeguards the rights of civil
servants in Government service against arbitrary dismissal, removal and reduction in rank.
Such protection enables the civil servants to discharge their functions boldly, efficiently and
effectively. The public interest and security of India is given predominance over the rights of
employees. So conviction for criminal offence, impracticability and inexpediency in the
interest of the security of the State are recognised as exceptions. The judiciary has given
necessary guidelines and clarifications to supplement the law in Article 311. The judicial norms
and constitutional provisions are helpful to strengthen the civil service by giving civil servants
sufficient security of tenure. But there may arise instances where these protective provisions
are used as a shield by civil servants to abuse their official powers without fear of being
dismissed. Disciplinary proceedings initiated by Government departments against corrupt
officials are time consuming.

19
Divisional Personal Officer, Southern Railway v. T. R. Chellappan, (1976 ) 3 SCC 1990
20
Union of India v. Tulsiram Patel, AIR 1985 SC 1416

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 ▪ ALL INDIA SERVICES

The All India Services (AIS)21 comprises Civil Services of India, namely the Indian
Administrative Service (IAS), the Indian Forest Service (IFS) and the Indian Police
Service (IPS).[1] A common unique feature of the All India Services is that the members of
these services are recruited by the Centre (Union government in federal polity), but their
services are placed under various State cadres, and they have the liability to serve both under
the State and under the Centre. Due to the federal polity of the country, this is considered one
of the tools that makes union government stronger than state governments. Officers of these
three services comply to the All India Services Rules relating to pay, conduct, leave, various
allowances etc.

The Ministry of Personnel, Public Grievances and Pensions is the cadre controlling authority
for the IAS, The Ministry of Environment, Forest and Climate Change for the IFS and
The Ministry of Home Affairs for the IPS while examination for recruitment of IAS and IPS is
conducted by the Union Public Service Commission (UPSC) on the basis of the annual Civil
Services Examination, a common civil service examination, and for IFS on the basis of the IFS
Examination. Since 2012 onwards, the preliminary (first test) of the two examinations are
combined. These officers are recruited and trained by the Central Government, and then
allotted to different State cadres.

21
312. All-India services.- (1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of
States has declared by resolution supported by not less than two-thirds of the members present and voting that it
is necessary or expedient in the national interest so to do, 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, and, subject
to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed,
to any such service.
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the
Indian Police Service shall be deemed to be services created by Parliament under this article.
(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district
judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for
the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and
no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.

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Power, purpose and responsibilities

The All India Services Act, 1951 empowers the government of India to make, after consultation
with state governments, rules for the regulation of recruitment and conditions of service of the
persons appointed to an All India Service. All India Service is governed by All India Service
(Conduct) Rules, 1968 which specifies the code of conduct for Civil Servant in general. The
All India Service (Conduct) Rules, 1968 were amended latest by Govt. of India by notification
published in official Gazette of India on 10 April 2015.

Nature of work

Responsibilities as vary with the seniority of the civil servant. Junior officers begin with
probation and move up in the hierarchy. At the district level the responsibilities are concerned
with district matters as well as all developmental affairs while at the divisional level the
responsibilities focus on law and order also. Policy framing is carried on at the State and Central
levels.

Indian Administrative Service (IAS)

IAS Officers are trained to handle Government affairs. This being the main responsibility,
every civil servant is assigned to a particular office which deals with policy matters pertaining
to that area. The policy matters are framed, modified, interpreted in this office under the direct
supervision of the Administrative Officer in consultation with the Minister. The
implementation of policies is also done on the advice of the Officer. The Cabinet
Secretary stands at the top of the government machinery involved in policy making followed
by Secretary/Additional Secretary, Joint Secretary, Director, Under Secretary and Junior Scale
Officers in that order. These appointments are filled by civil servants according to seniority in
the Civil Services. In the process of decision making, a number of officers give their views to
the Minister who weighs the matter and makes a decision considering the issue involved.

The implementation process involves supervision and touring. The allocation of enormous
funds to and by the field officers calls for supervision and the officials concerned have to reply
to queries made in the Parliament for which they must remain well informed.

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The Civil servant has also to represent the Government in another country or in International
forums. At the level of Deputy Secretary, he is even authorized to sign agreements on behalf
of the Government.

A civil servant begins his career in the state with two years in probation. This period is spent
at training schools, Secretariat, field offices or in a District Magistrate's office. He is given the
position of Sub-Divisional Magistrate and has to look after the law, order and general
administration including developmental work in the area under his charge. After the probation
and 2 years of services as a junior scale officer, the officer is put in the senior scale. Then he
may function as District Magistrate, Managing Director of a Public Enterprise or Director of a
Department. Senior Scale comprises the Senior Time Scale (Joint Secretary), Junior
Administrative Grade (Additional Secretary) and the Selection Grade (Special Secretary).
Selection Grade is given on promotion after 13 years of regular service. The next promotion
within the State is that of a Commissioner-cum-Secretary after 16 years. This promotion also
entitles them to the Super Time Scale. Then after 24 years of regular service an IAS officer
may be promoted to Above super time scale who is designated as Principal
Secretaries/Financial Commissioners in some states

Each State has many Secretaries/Principal Secretaries and only one Chief Secretary. Some
appointments of Secretaries are considered more prestigious than others, e.g., the Finance
Secretary, Development Commissioners, Home Secretary and hence they enjoy the salary of a
Principal Secretary. the Chief Secretary in the State is the top ranking civil servant and may be
assisted by Additional Chief Secretaries. In some cadres/States e.g. New Delhi, Financial
Commissioner and other high ranking secretaries such as Additional Chief Secretaries enjoy
the pay of the Chief Secretary .

In the District, the administrative head is the Collector or Deputy Commissioner or District
Magistrate. The DM/Collector/DC handle the affairs of the District including development
functions. He necessarily tours all rural sectors inspecting specific projects, disputed sites and
looks into the problems of people on the spot also.

At the divisional level, the Divisional Commissioner is in charge of his division. His role is to
oversee law and order and general administration and developmental work. Appeals against
the Divisional Commissioner are heard by the Chairman of the Board of Revenue.

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 Indian Forest Service (IFS)

India was one of the first countries in the world to introduce scientific forest management. In
1864, the British Raj established the Imperial Forest Department. In 1866 Dr. Dietrich Brandis,
a German forest officer, was appointed Inspector General of Forests. The Imperial Forestry
Service was organized in 1867.

Officers appointed from 1867 to 1885 were trained in Germany and France, and from 1885 to
1905 at Cooper's Hill, London, which was a noted professional college of forestry. From 1905
to 1926, the University of Oxford, University of Cambridge, and University of
Edinburgh undertook the task of training Imperial Forestry Service officers.

From 1927 to 1932, forest officers were trained at the Imperial Forest Research Institute (FRI)
at Dehradun (established in 1906). Later The Indian Forest College (IFC) was established in
1938 at Dehradun, and officers recruited to the Superior Forest Service by the states and
provinces were trained there. Forestry, which was managed by the federal government until
then, was transferred to the "provincial list" by the Government of India Act 1935, and
recruitment to the Imperial Forestry Service was subsequently discontinued.

The modern Indian Forest Service (IFS) was established in 1966, after independence, under
the All India Services Act 1951, for protection, conservation, and regeneration of forest
resources.

India has an area of 635,400 km designated as forests, about 19.32 percent of the country.
Forest is included in the Concurrent List.

Ranks of the Indian Forest Service are as follows: Assistant Conservator of Forests -
Probationary Officer, Divisional Forest Officer (DFOs), Deputy Conservator of
Forests, Conservator of Forests (CFs), Chief Conservator of Forests (CCFs),
Additional Principal Chief Conservator of Forests (Addl.PCCFs), Principal Chief Conservator
of Forests (PCCF) & Principal Chief Conservator of Forests (HoFF) - highest post in a
State, Director General of Forests (India) - highest post at Centre, selected from amongst the
senior-most PCCFs of states.

The training at Indira Gandhi National Forest Academy is designed in such a way that an IFS
officer after completion of the probation, should be hardened enough to serve in the most
difficult terrains of India. Another remarkable feature of this service is that it needs keen
technical knowledge along with excellent administrative capacity to deliver the duty.

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Government of India is also providing Hari Singh fellowships to IFS officers to get specialized
in the field of Remote Sensing and Geographical Information System from the ISRO's Indian
Institute of Remote Sensing, University of Twente/ITC Netherlands and in Wildlife
Management from the Wildlife Institute of India. The IFS officers also work in various
International and National organizations related to management of forests, wildlife and
environment such as Food and Agricultural Organization of the United Nations, International
Centre for Integrated Mountain Development, SAARC Forestry Centre, Forest Survey of
India, Wildlife Institute of India, Indian Council of Forestry Research and
Education (ICFRE), Indira Gandhi National Forest Academy (IGNFA), Directorate of Forest
Education, Wildlife Crime Control Bureau (WCCB), etc. besides getting entrusted with senior
positions in the Central Secretariat, State Secretariats and various assignments under the
Central Staffing Scheme.

Indian Police Service (IPS)

The Indian Police Service more popularly known as the 'IPS', is responsible for internal
security, public safety and law and order.

In 1948, a year after India gained independence from Britain, the Imperial Police (IP) was
replaced by the Indian Police Service. The IPS is not a law enforcement agency in its own right;
rather it is the body to which all senior police officers belong regardless of the agency for whom
they work.

An IPS officer is subjected to and faces several life-threatening and harsh conditions which no
other service in the country faces, they are entrusted with the overall law and order of the entire
State as the Director General of Police and entire Districts as its Superintendent of Police, and
in Metropolitan Cities as Deputy Commissioner or the entire City as the Commissioner of
Police. As Commissioner of Police they enjoy magisterial powers.

The IPS officer takes charge as an Assistant Superintendent of Police of a Sub-division/circle

after probation of 2 years. The tenure of this post is normally 3 years. The next appointment is
as Superintendent of Police or Deputy Commissioner of Police after 4 years, they get promoted
to Junior Administrative Grade after 9 years, then they serve as Senior Superintendent of
Police and get pay of Selection Grade (Level 13) in 12-14 years, then as Deputy Inspector
General of Police or Additional Commissioner of Police in 15 years, an Inspector General of

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Police in 18 years, Additional Director General of Police in 25 years and finally, the Director
General of Police after 30 years in service.

IPS officers also work in national government agencies such as Intelligence Bureau, Research
and Analysis Wing, Central Bureau of Investigation, etc. IPS officers also get highly placed in
several PSUs such as GAIL, SAIL, Indian Oil Corporation Limited etc. at the State Secretariat
the Central Secretariat under the Central Staffing Scheme and in CAPFs such as Director
General of Border Security Force, the Central Reserve Police Force and the Central Industrial
Security Force, etc. An IPS officer has vast opportunities to work in several International
Organisations such as Interpol, International Cricket Council, the United Nations, Consulates
(Foreign Missions) and Embassies all over the World in various capacities such as First
Secretary, Consul, Consul General, Deputy High Commissioner, Minister, High
Commissioner and Ambassador.

The Director General of Police and Commissioner of Police is the head of the entire police
force of the State or Metropolitan City (e.g. Kolkata, Delhi, Mumbai, Chennai etc.) and below
him is the Additional DGP/Special Police Commissioner. The Inspector General or Joint
Commissioner of Police is at the head of certain specialised police force like Criminal
Investigation Department, Special Branch, etc.

▪ Transitional provisons

Article 313 of Indian constitution talks about Transitional provisions. Until other provision is
made in this behalf under this Constitution, all the laws in force immediately before the
commencement of this Constitution and applicable to any public service or any post which
continues to exist after the commencement of this Constitution, as an all-India service or as
service or post under the Union or a State shall continue in force so far as consistent with the
provisions of this Constitution.

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 CONCLUSION

Thus it can be said that the Constitution makers then at that time had known about the
discrepancies like corruption to creep into the civil services, so in order not to grant immunity
from summary dismissal to dishonest or corrupt government servants so that they continue in
service for months together “at the public expense and to Public detriment”. Also at the same
time the judiciary with its limited judicial review and departmental appeal has ensured that the
power to dismiss has not been misused by the authority. With the lot many cases coming into
light in relation to corruption among the government officials and the linking of various
government officials with anti-social elements the Article 310 and 311 of the Indian
Constitution envisaged in the Part XIV act as a check and does not allow the government
officials to make mockery of Law.

The question of enforceability of the rules depends upon the nature of the rules. Breach of every
rule though framed under article 309 is not necessarily enforceable. It is to be seen whether a
particular rule creates a right on the civil servant and consequently the violation of it gives him
a right to enforce the rule. Different posts may have different conditions of service. Different
conditions for different or dissimilar post is not discrimination under article.

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 BIBLIOGRAPHY

BOOKS REFERRED:

▪ Jain M. P.; Indian Constitutional Law (LexisNexis Butterworths Wadhwa Nagpur); 6th
ed. 2012

SITES VISITED:

▪ http://www.legalservicesindia.com/
▪ http://14.139.60.114:8080/jspui/bitstream/123456789/679/17/Services%20Under%20t
he%20Union%20and%20the%20States.pdf
▪ https://en.wikipedia.org/
▪ https://indiankanoon.org/doc/1270113/

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