Understanding Services Under the Union and the States – Part XIV [14] in the Indian Constitution

Key Points:

1. Scope and Definitions (Article 308)
   • The term “State” excludes Jammu and Kashmir (Note: this was the situation until the reorganization of Jammu and Kashmir in 2019).
2. Recruitment and Service Conditions (Article 309)
   • The recruitment and service conditions for government employees can be regulated by laws made by the appropriate legislature (Parliament or State Legislature).
   • The President (for Union services) or the Governor (for State services) can make rules on these matters until the legislature makes laws.
3. Tenure and Office Holding (Article 310)
   • Government employees hold office at the pleasure of the President (for Union posts) or the Governor (for State posts), except for positions protected by the Constitution.
   • Special contracts can be made for individuals with unique skills, providing compensation if the post is abolished or they are required to leave for reasons not related to misconduct.
4. Protection in Dismissal and Disciplinary Actions (Article 311)
   • No civil servant can be dismissed or removed by an authority lower than the one that appointed them.
   • Such employees cannot be dismissed, removed, or demoted without an inquiry where they are informed of the charges and given a chance to defend themselves.
   • Exceptions include:
     • Conviction on criminal charges.
     • Situations where holding an inquiry is not feasible.
     • Matters involving the security of the State.
5. All-India Services (Article 312)
   • Parliament can create all-India services (e.g., IAS, IPS) that serve both the Union and the States.
   • The creation of such services requires a resolution supported by two-thirds of the Council of States (Rajya Sabha).
6. Amendment of Service Conditions (Article 312A)
   • Parliament can change or revoke the service conditions (like pay and pensions) for certain officers appointed before the Constitution was enacted.
   • This does not affect the conditions for high-ranking officials like Supreme Court and High Court Judges, the Comptroller and Auditor-General, and members of Public Service Commissions.
7. Continuity of Existing Laws (Article 313)
   • Until new laws are made, existing laws applicable to public services will continue, provided they are consistent with the Constitution.
8. Public Service Commissions (Articles 315-323)
   • Establishment (Article 315)
     • There are Public Service Commissions for the Union (UPSC) and each State.
     • States can share a Joint Public Service Commission if they agree.
   • Appointments (Article 316)
     • Members of these commissions are appointed by the President (for UPSC) or the Governor (for State Commissions).
     • Members serve for six years or until they reach the age of 65 (UPSC) or 62 (State Commissions), whichever is earlier.
   • Removal and Suspension (Article 317)
     • Members can only be removed by the President based on a Supreme Court inquiry.
     • They can be suspended during the inquiry for misconduct or other specified reasons.
   • Conditions of Service (Article 318)
     • The President (for UPSC) or Governor (for State Commissions) can regulate the conditions of service for commission members and staff.
   • Restrictions on Post-Retirement Employment (Article 319)
     • Commission members cannot hold certain government positions after their term ends.
   • Functions (Article 320)
     • Public Service Commissions conduct exams for recruitment and are consulted on various service-related matters like appointments, promotions, and disciplinary actions.
   • Expansion of Functions (Article 321)
     • Parliament or State Legislatures can extend the functions of the Public Service Commissions to include services of local authorities or other bodies.
   • Financial Provisions (Article 322)
     • Expenses of the Commissions are charged to the Consolidated Fund of India or the State.
   • Annual Reports (Article 323)
     • The Commissions must submit annual reports to the President or Governor, detailing their work and instances where their advice was not followed.

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