The Constitution and Civil Services- Part XIV
While the whole of the Constitution has a bearing, directly or
indirectly, on the Civil Service and civil servants in India, Part XIV
of the Constitution relates to it most intimately. Unlike many other
institutions, like the Planning Commission, the Central Bureau
of Investigation (CBI), the Central Vigilance Commission (CVC), the
civil service is an institution mandated by the Constitution. While of
course it is a successor of the erstwhile Indian Civil Service (ICS)
of British India, borrowing not only its procedure, the civil and
criminal codes (IPC, CrPC, CPC, etc), hierarchy, philosophy, but even
the personnel, the Civil Service of independent India is legally a
creation of our Constitution. This is done via Part XIV of the
Constitution, which creates the All India Services (AIS), the Central
(civil) Services, and the States Civil Services, among others,
and also creates the Union Public Service Commission, the State Public
Service Commissions and Joint Public Service Commissions, to recruit
them. The Part XIV, thus bears, directly upon all civil servants in
India. Part XIV is reproduced here because of its special emphasis.
Chapter I Services
Article 308 Interpretation
In this Part, unless the context otherwise requires, the expression "State"
does not include the State of Jammu and Kashmir.
Article 309 Recruitment and conditions of service of
persons serving the Union or a State
Subject to the provisions of this Constitution. Acts of the appropriate
Legislature may 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:
Provided 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
the State, to make rules regulating the recruitment, and the conditions of
service of persons appointed, to such services and posts until provision in
that behalf is made by or under an Act of the appropriate Legislature under
this article, and any rules so made shall have effect subject to the
provisions of any such Act.
Article 310 Tenure of office of persons serving the
Union or a State
(1) 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 State or holds any civil post
under a State holds office during the pleasure of the Governor of the State.
(2) Notwithstanding that a person holding a civil post under the Union or a
State holds office during the pleasure of the President or, as the case may
be, of the Governor of the State, any contract under which a person, not
being a member of a defence service or of an all-India service or of a civil
service of the Union or a State, is appointed under this Constitution to
hold such a post may, if the President or the Governor, as the case may be,
deems it necessary in order to secure the services of a person having
special qualifications, provide for the payment to him of compensation, if
before the expiration of an agreed period that post is abolished or he is,
for reasons not connected with any misconduct on his part, required to
vacate that post.
Article 311 Dismissal, removal or reduction in rank of
persons employed in civil capacities under the Union or a State
(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 of 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.
(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.
Article 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.
Article 312A Power of Parliament to vary or revoke
conditions of service of officers of certain services
(1) Parliament may by law -
(a) vary or revoke, whether prospectively or retrospectively, the conditions
of service as respects remuneration, leave and pension and the rights as
respects disciplinary matters of persons who, having been appointed by the
Secretary of State or Secretary of State in Council to a civil service of
the Crown in India before the commencement of this Constitution, continue on
and after the commencement of the Constitution (Twenty-eighth Amendment)
Act, 1972, to serve under the Government of India or of a State in any
service or post;
(b) vary or revoke, whether prospectively or retrospectively, the conditions
of service as respects pension of persons who, having been appointed by the
Secretary of State or Secretary of State in Council to a civil service of
the Crown in India before the commencement of this Constitution, retired or
otherwise ceased to be in service at any time before the commencement of the
Constitution (Twenty-eighth Amendment) Act, 1972:
Provided that in the case of any such person who is holding or has held the
office of the Chief Justice or other Judge of the Supreme Court or a High
Court, the Comptroller and Auditor-General of India, the Chairman or other
member of the Union or a State Public Service Commission or the Chief
Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be
construed as empowering Parliament to vary or revoke, after his appointment
to such post, the conditions of his service to his disadvantage except in so
far as such conditions of service are applicable to him by reason of his
being a person appointed by the Secretary of State or Secretary of State in
Council to a civil service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any legislature
or other authority under any other provision of this Constitution to
regulate the conditions of service of persons referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in
-
(a) any dispute arising out of any provision of, or any endorsement on, any
covenant, agreement or other similar instrument which was entered into or
executed by any person referred to in clause (1), or arising out of any
letter issued to such person, in relation to his appointment to any civil
service of the Crown in India or his continuance in service under the
Government of the Dominion of India or a Province thereof;
(b) any dispute in respect of any right, liability or obligation under
article 314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding
anything in article 314 as originally enacted or in any other provision of
this Constitution.
Article 313 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.
Article 314 Provision for protection of existing
officers of certain services
{...}
Chapter II Public Service Commissions
Article 315 Public Service Commissions for the Union
and for the States
(1) Subject to the provisions of this article, there shall be a Public
Service Commission for the Union and a Public Service Commission for each
State.
(2) Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is
passed by the House or, where there are two Houses, by each House of the
Legislature of each of those States, Parliament may by law provide for the
appointment of a Joint State Public Service Commission (referred to in this
Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and consequential
provisions as may be necessary or desirable for giving effect to the
purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by
the Governor of a State, may, with the approval of the President, agree to
serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission
or a State Public Service Commission shall, unless the context otherwise
requires, be construed as references to the Commission serving the needs of
the Union or, as the case may be, the State as respects the particular
matter in question.
Article 316 Appointment and term of office of members
(1) The Chairman and other members of a Public Service Commission shall be
appointed, in the case of the Union Commission or a Joint Commission, by the
President, and in the case of a State Commission, by the Governor of the
State: Provided that as nearly as may be one-half of the members of every
Public Service Commission shall be persons who at the dates of their
respective appointments have held office for at least ten years either under
the Government of India or under the Government of a State, and in computing
the said period of ten years any period before the commencement of this
Constitution during which a person has held office under the
Crown in India or under the Government of an Indian State shall be included.
(1A) If the office of the Chairman of the Commission becomes vacant or if
any such Chairman if by reason of absence or for any other reason unable to
perform the duties of his office, those duties shall, until some person
appointed under clause (1) to the vacant office has entered on the duties
thereof or, as the case may be, until the Chairman has resumed his duties,
be performed by such one of the other members of the Commission as the
President, in the case of the Union Commission or a Joint Commission, and
the Governor of the State in the case of a State Commission, may appoint for
the purpose.
(2) A member of a Public Service Commission shall hold office for a term of
six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty-five years,
and in the case of a State Commission or a Joint Commission, the age of
sixty-two years, whichever is earlier: Provided that -
(a) a member of a Public Service Commission may, by writing under his hand
addressed, in the case of the Union Commission or a Joint Commission, to the
President, and in the case of a State Commission, to the Governor of the
State, resign his office;
(b) a member of a Public Service Commission may be removed from his office
in the manner provided in clause (1) or clause (3) of article 317.
(3) A person who holds office as a member of a Public Service Commission
shall, on the expiration of his term of office, be ineligible for
re-appointment to that office.
Article 317 Removal and suspension of a member of a
Public Service Commission
(1) Subject to the provisions of clause (3), the Chairman or any other
member of a Public Service Commission shall only be removed from his office
by order of the President on the ground of misbehaviour after the Supreme
Court, on reference being made to it by the President, has, on inquiry held
in accordance with the procedure prescribed in that behalf under article
145, reported that the Chairman or such other member, as the case may be,
ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor in the case of a State Commission, may suspend
from office the Chairman or any other member of the Commission in respect of
whom a reference has been made to the Supreme Court under clause (1) until
the President has passed orders on receipt of the report of the Supreme
Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be, -
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the
duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or
becomes in any way concerned or interested in any contract or agreement made
by or on behalf of the Government of India or the Government of a State or
participates in any way in the profit thereof or in any benefit or emolument
arising therefrom otherwise than as a member and in common with the other
members of an incorporated company, he shall, for the purposes of clause
(1), be deemed to be guilty of misbehaviour.
Article 318 Power to make regulations as to conditions
of service of members and staff of the Commission
In the case of the Union Commission or a Joint Commission, the President
and, in the case of a State Commission, the Governor of the State may by
regulations -
(a) determine the number of members of the Commission and their conditions
of service; and
(b) make provision with respect to the number of members of the staff of the
Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.
Article 319 Prohibition as to the holding of offices
by members of Commission on ceasing to be such members
On ceasing to hold office -
(a) the Chairman of the Union Public Service Commission shall be ineligible
for further employment either under the Government of India or under the
Government of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public Service
Commission or as the Chairman of any other State Public Service Commission,
but not for any other employment either under the Government of India or
under the Government of a State;
(c) a member other than the Chairman of the Union Public Service Commission
shall be eligible for appointment as the Chairman of the Union Public
Service Commission or as the Chairman of a State Public Service Commission,
but not for any other employment either under the Government of India or
under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission
shall be eligible for appointment as the Chairman or any other member of the
Union Public Service Commission or as the Chairman of that or any other
State Public Service Commission, but not for any other employment either
under the Government of India or under the Government of a State.
Article 320 Functions of Public Service Commissions
(1) It shall be the duty of the Union and the State Public Service
Commissions to conduct examinations for appointment to the services of the
Union and the services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in
framing and operating schemes of joint recruitment for any services for
which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted -
(a) on all matters relating to methods of recruitment to civil services and
for civil posts;
(b) on the principles to be followed in making appointments to civil
services and posts and in making promotions and transfers from one service
to another and on the suitability of candidates for such appointments,
promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served
under the Government of India or the Government of a State or under the
Crown in India or under the Government of an Indian State, in a civil
capacity, that any costs incurred by him in defending legal proceedings
instituted against him in respect of acts done or purporting to be done in
the execution of his duty should be paid out of the Consolidated Fund of
India, or, as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained
by a person while serving under the Government of India or the Government of
a State or under the Crown in India or under the Government of an Indian
State, in a civil capacity, and any question as to the amount of any such
award,
and it shall be the duty of a Public Service Commission to advise on any
matter so referred to them and on any other matter which the President, or,
as the case may be, the Governor of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the
Union, and the Governor, as respects other services and posts in connection
with the affairs of a State, may make regulations specifying the matters in
which either generally, or in any particular class of case or in any
particular circumstances, it shall not be necessary for a Public Service
Commission to be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to be
consulted as respects the manner in which any provision referred to in
clause (4) of article 16 may be made or as respects the manner in which
effect may be given to the provisions of article 335.
(5) All regulations made under the proviso the clause (3) by the President
or the Governor of a State shall be laid for not less than fourteen days
before each House of Parliament or the House or each House of the
Legislature of the State, as the case may be, as soon as possible after they
are made, and shall be subject to such modifications, whether by way of
repeal or amendment, as both Houses of Parliament or the House or both
Houses of the Legislature of the State may make during the session in which
they are so laid.
Article 321 Power to extend functions of Public
Service Commissions
An Act made by Parliament or, as the case may be, the Legislature of a State
may provide for the exercise of additional functions by the Union Public
Service Commission or the State Public Service Commission as respects the
services of the Union or the State and also as respects the services of any
local authority or other body corporate constituted by law or of any public
institution.
Article 322 Expenses of Public Service Commissions
The expenses of the Union or a State Public Service Commission, including
any salaries, allowances and pensions payable to or in respect of the
members or staff of the Commission, shall be charged on the Consolidated
Fund of India, as the case may be, the Consolidated Fund of the State.
Article 323 Reports of Public Service Commissions
(1) It shall be the duty of the Union Commission to present annually to the
President a report as to the work done by the Commission and on receipt of
such report the President shall cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice of
the Commission was not accepted, the reasons for such non-acceptance to be
laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the
Governor of the State a report as to the work done by the Commission, and it
shall be the duty of a Joint Commission to present annually to the Governor
of each of the States the needs of which are served by the Joint Commission
a report as to the work done by the Commission in relation to that State,
and in either case the Governor, shall, on receipt of such report, cause a
copy thereof together with a memorandum explaining, as respects the cases,
if any, where the advice of
the Commission was not accepted, the reasons for such non-acceptance to be
laid before the Legislature of the State.
Part XIVA Tribunals
Article 323A Administrative tribunals
(1) Parliament may, by law, provide for the adjudication or trial by
administrative tribunals of disputes and complaints with respect to
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 or of any local or other authority within the territory of India or
under the control of the Government of India or of any corporation owned or
controlled by the Government.
(2) A law made under clause (1) may -
(a) provide for the establishment of an administrative tribunal for the
Union and a separate administrative tribunal for each State or for two or
more States;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation and
rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to the disputes or complaints
referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of any
cases pending before any court or other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction of
such tribunal if the causes of action on which such suits or proceedings are
based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3) of
article 371D;
(g) contain such supplemental, incidental and consequential provisions
(including provisions as to fees) as Parliament may deem necessary for the
effective functioning of, and for the speedy disposal of cases by, and the
enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for
the time being in force.
Article 323B Tribunals for other matters
(1) The appropriate Legislature may, by law, provide for the adjudication or
trial by tribunals of any disputes, complaints, or offences with respect to
all or any of the matters specified in clause (2) with respect to which such
Legislature has power to make laws.
(2) The matters referred to in clause (1) are the following, namely: -
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as defined
in article 31A or of any rights therein or the extinguishment or
modification of any such rights or by way of ceiling on agricultural land or
in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either House of
the Legislature of a State, but excluding the matters referred to in article
329 and article 329A;
(g) production, procurement, supply and distribution of food-stuffs
(including edible oilseeds and oils) and such other
goods as the President may, by public notification, declare to be essential
goods for the purpose of this article and control of prices of such goods;
(h) rent, its regulation and control and tenancy issues including the right,
title and interest of landlords and tenants;
(i) offences against laws with respect to any of the matters specified in
sub-clauses (a) to (h) and fees in respect of any of those matters;
(j) any matter incidental to any of the matters specified in sub-clauses (a)
to (i).
(3) A law made under clause (1) may -
(a) provide for the establishment of a hierarchy of tribunals;
(b) specify the jurisdiction, powers (including the power to punish for
contempt) and authority which may be exercised by each of the said
tribunals;
(c) provide for the procedure (including provisions as to limitation and
rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the
Supreme Court under article 136, with respect to all or any of the matters
falling within the jurisdiction of the said tribunals;
(e) provide for the transfer to each such tribunal of any cases pending
before any court or any other authority immediately before the establishment
of such tribunal as would have been within the jurisdiction of such tribunal
if the causes of action on which such suits or proceedings are based had
arisen after such establishment;
(f) contain such supplemental, incidental and consequential provisions
(including provisions as to fees) as the appropriate Legislature may deem
necessary for the effective functioning of, and for the speedy disposal of
cases by, and the enforcement of the orders of, such tribunals.
(4) The provisions of this article shall have effect notwithstanding
anything in any other provision of this Constitution or in any other law for
the time being in force.
Explanation: In this article, "appropriate Legislature", in relation to any
matter, means Parliament or, as the case may be, a State Legislature
competent to make laws with respect to such matter in accordance with the
provisions of Part XI.
|
|