Under which article the constitution authorises the Parliament to cr...
Answer :
Provisions. The Act creates two All India Services as per the article 312(2) in part XIV of the Constitution of India, namely, the Indian Administrative Service (IAS) and the Indian Police Service (IPS).
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Under which article the constitution authorises the Parliament to cr...
Article 312 of the Indian Constitution
Article 312 of the Indian Constitution provides the authorization for the Parliament to create new All India Services on the basis of a resolution passed by the Rajya Sabha. This article outlines the procedure and conditions under which such services can be established.
Procedure for Creating All India Services
The procedure for creating new All India Services under Article 312 is as follows:
1. Rajya Sabha Resolution: The process begins with a resolution passed by the Rajya Sabha, the upper house of the Parliament. This resolution must be supported by a majority of not less than two-thirds of the members present and voting.
2. Lok Sabha Approval: Once the Rajya Sabha passes the resolution, it is then presented to the Lok Sabha, the lower house of the Parliament. The Lok Sabha can either accept or reject the resolution.
3. President's Consent: If the resolution is accepted by the Lok Sabha, it is then presented to the President of India for his/her consent. The President must give his/her consent to the resolution in order for it to be implemented.
4. Legislation: After obtaining the President's consent, the Parliament can pass a law to give effect to the resolution. This law will outline the details and provisions for the creation of the new All India Service.
Conditions for Creating All India Services
There are certain conditions specified in Article 312 that must be met in order to create new All India Services. These conditions are as follows:
1. National Interest: The Parliament can create new All India Services only if it is deemed to be in the national interest. This ensures that the establishment of such services is justified and beneficial for the country as a whole.
2. Rajya Sabha Resolution: The resolution passed by the Rajya Sabha must be supported by a majority of not less than two-thirds of the members present and voting. This ensures that there is a broad consensus among the members of the upper house before new All India Services are created.
3. Financial Provisions: The law passed by the Parliament to give effect to the resolution must also make provisions for the expenses related to the new All India Service. This ensures that adequate financial resources are allocated for the functioning and administration of these services.
Conclusion
Article 312 of the Indian Constitution empowers the Parliament to create new All India Services on the basis of a resolution passed by the Rajya Sabha. This provision ensures that the establishment of such services is done in a democratic and consensus-driven manner, taking into account the national interest and financial considerations.