Part XIV: Services under the Union and the States
Contains provisions regulating the recruitment, conditions of service, and discipline of persons serving the Union or the States. This part establishes the constitutional framework for public administration in India, including the creation of All-India Services, Public Service Commissions, and special tribunals for service disputes.
Chapter I: Services
Interpretation
In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir. This definitional article sets the scope for the application of Part XIV provisions.
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. Until such provisions are made, the President or Governor may make rules for the same.
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 holds any post connected with defence or civil post under the Union, holds office during the pleasure of the President. Similarly, State service members hold office during the pleasure of the Governor.
Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person shall be dismissed or removed from service by an authority subordinate to that which appointed him. (2) No such person shall be dismissed or removed or reduced in rank except after an inquiry and given a reasonable opportunity of being heard. These are crucial safeguards for civil servants against arbitrary action.
All-India Services
Parliament may by law provide for the creation of one or more All-India Services common to the Union and the States, and regulate the recruitment and conditions of service of persons appointed to any such service. The Indian Administrative Service (IAS) and Indian Police Service (IPS) are established under this provision.
Power of Parliament to vary or revoke conditions of service of officers of certain services
Parliament may by law 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, continue to serve under the Government of India or of a State.
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 such commencement, shall continue in force so far as consistent with the provisions of this Constitution.
Chapter II: Public Service Commissions
Public Service Commissions for the Union and for the States
There shall be a Public Service Commission for the Union and a Public Service Commission for each State. Two or more States may agree to have a joint Public Service Commission. Parliament may by law provide for the appointment of a Joint Public Service Commission to serve the needs of those States.
Appointment and term of office of members
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. A member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.
Removal and suspension of a member of a Public Service Commission
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 misbehavior after the Supreme Court, on reference being made to it, has reported that he ought to be removed. He may be suspended by the President until the report is received.
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 determine the number of members of the Commission and their conditions of service. The conditions of service shall not be varied to the disadvantage of a member after his appointment.
Prohibition as to the holding of offices by members of Commission on ceasing to be such members
On ceasing to hold office, 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. Other members may be appointed as Chairman of the Union or a State Public Service Commission, but not to any other office under the Government of India or a State.
Functions of Public Service Commissions
It shall be the duty of the Union and State Public Service Commissions to conduct examinations for appointments to the services of the Union and the State respectively. They shall also be consulted on all matters relating to methods of recruitment, principles to be followed in appointments, promotions, transfers, and disciplinary matters.
Power to extend functions of Public Service Commissions
An Act made by Parliament or 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.
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 or the Consolidated Fund of the State, as the case may be.
Reports of Public Service Commissions
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. The President shall cause a copy of the report together with a memorandum explaining the action taken on the recommendations of the Commission to be laid before each House of Parliament.
🏛️ Key Concepts in Part XIV: Services under the Union and States
Service Safeguards (Articles 309-311)
- Art. 309: Recruitment and conditions of service regulated by law/rules.
- Art. 310: Doctrine of pleasure - services held during pleasure of President/Governor.
- Art. 311: Protection against arbitrary dismissal, removal, or reduction in rank.
All-India Services (Article 312)
- Constitutional Basis: Created by Parliament to serve both Union and States.
- Examples: Indian Administrative Service (IAS), Indian Police Service (IPS).
- Purpose: Ensure administrative uniformity and maintain high standards.
Public Service Commissions (Arts. 315-323)
- Independent Bodies: UPSC for Union, SPSCs for States.
- Functions: Recruitment, advice on service matters, disciplinary cases.
- Protections: Security of tenure, charged expenditure, annual reports.
📝 Constitutional Significance
Part XIV establishes the constitutional foundation for India's civil services, balancing administrative efficiency with necessary safeguards for public servants. The creation of All-India Services (Article 312) promotes administrative unity across the federation, while Article 311 provides crucial protections against arbitrary action, ensuring a degree of independence for civil servants. The establishment of Public Service Commissions (Articles 315-323) as independent constitutional bodies ensures merit-based recruitment and advice on service matters, free from political interference. This part creates a professional, permanent bureaucracy that can provide continuity in governance despite political changes.
⚖️ Administrative Tribunals (Articles 323A & 323B)
The 42nd Amendment Act, 1976, introduced provisions for creating specialized tribunals to expedite adjudication of disputes.
Article 323A: Administrative Tribunals
Parliament may by law establish tribunals for the adjudication of disputes relating to:
• Recruitment and conditions of service of persons appointed to public services
• Posts in connection with Union, State, or local authority affairs
• Corporations owned/controlled by the government
Exclusion of Jurisdiction: Such law may exclude the jurisdiction of all courts except the Supreme Court under Article 136.
Article 323B: Tribunals for other matters
Appropriate Legislature may establish tribunals for adjudication of disputes relating to:
• Taxation
• Foreign exchange, import and export
• Industrial and labor disputes
• Land reforms
• Elections to Parliament/State Legislatures
• Matters connected with Articles 133 & 134
These tribunals are under different legislative competence than Article 323A tribunals.
Key Tribunals Established
- Central Administrative Tribunal (CAT): For central government employees.
- State Administrative Tribunals (SATs): For state government employees.
- Armed Forces Tribunal: For armed forces personnel.
- National Green Tribunal (NGT): Environmental matters.
- Income Tax Appellate Tribunal (ITAT): Tax disputes.
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