Union and State Services

Jul 30, 2024

Lecture Notes: Union and State Services

Introduction

  • Lecturer: इस्रा खान, Law Mentor
  • Topic: Articles 308 to 323, focusing on the Union and State Services.
  • Importance: Covers the Doctrine of Pleasure and provisions related to the Union Public Service Commission (UPSC) and State Public Service Commission.

Overview of Public Services

  • Public Service Definition: Refers to government jobs, specifically civil and government services.
  • Types of Public Services:
    • All India Services: Common services for both Central and State.
      • Examples: IAS (Indian Administrative Service), IPS (Indian Police Service), IFS (Indian Forest Service).
    • Central Services: Exclusive to the Central Government.
    • State Services: Exclusive to State Governments.

All India Services

  • Commonality: Members hold positions in both Central and State Governments.
  • Recruitment Process: Through UPSC, which includes a multi-stage examination process (Prelims, Mains, Interview).
  • Significance of UPSC: Conducts recruitment for top government positions in India.
  • Father of All India Services: Sardar Vallabhbhai Patel.

Classification of Services

  • Central Services: Divided into Group A (Class 1), Group B (Class 2), Group C (Class 3), and Group D (Class 4).
  • Important Central Services: Indian Economic Service, Indian Foreign Service, Engineering Services.

Central and State Recruitment

  • Articles Involved: Articles 308 to 314 detail the provisions relating to recruitment and conditions of service.
  • Article 309: Empowers Parliament and state legislatures to regulate public service recruitment.
  • Conditions of Service: Includes allowances, increments, leave, promotion, and disciplinary actions.

Doctrine of Pleasure

  • Definition: The principle that appointments in the civil service are made at the pleasure of the President or Governor.
  • Key Articles:
    • Article 310: Covers appointments and conditions under the pleasure of the President and Governor.
    • Article 311: Provides safeguards against arbitrary dismissal of civil servants.

Key Points of Article 311

  • Dismissals must follow due process, including an inquiry and opportunity to contest charges.
  • Exceptions: Cases involving criminal charges or where security of the state is at risk do not require inquiry.

Role of UPSC

  • Central Recruiting Agency: UPSC is responsible for recruiting to public services and ensuring a standard process.
  • Reports and Recommendations: Required to submit annual reports to the President.

Conclusion

  • The session emphasized the importance of understanding public services in India, especially under constitutional provisions.
  • Future sessions will cover additional provisions related to the Election Commission of India and deepen understanding of related topics.

Reminder

  • Stay engaged and prepared for upcoming discussions.