Revision Notes: The Civil Services under the Union & the States Notes | EduRev

Indian Polity for UPSC CSE

UPSC : Revision Notes: The Civil Services under the Union & the States Notes | EduRev

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Civil Services Under the Union and States

Under Part XIV (Art. 308-323), the Constitution provides for three categories of civil services in the country— All India services, Central Services and state services.  The all India services are common to the Centre andStates and includes the Indian Administrative Service and the Indian Police Service.

Central Services are concerned with the administration of subjects in the Union List. These include the Indian Foreign Service, Indian Audit and Accounts Service, Indian Defence Service, Post and Telegraph Service, etc.  State services are concerned with the administrationof subjects in the State List.  Parliament can create more all-India services by law.

Public Service Commission

 The members of the civil services are recruited byPublic Service Commission.  The Constitution has provided for a Union PublicService Commission (UPSC) at the Centre and Public Service Commissions in various States (Article 315).  It has also authorised two or more States to have acommon Public Service Commission.  Such joint public service commissions can be constituted by Parliament through a law if the legislatures of the States pass a resolution to the effect.  The UPSC may, with the approval of the President,agree to serve the needs of a State if so requested by the Governor of the State.  The composition of the Commission and the conditions of service of the members are determined

  1. by the President in case of the UPSC or a Joint Commission, and
  2. by the Governor of the State in a case of a State Commission.

 The conditions of service of a member of a Commission is not to be altered to his disadvantage after his appointment.

Appointment and Term of Office

The appointment of the Chairman and members ofthe Commission shall be made

(i) in the case of the UPSC or a Joint Commission, by the President; and

(ii) in the case of a State Commission, by the Governor of the State (Article 316).  

Half of the members of a Commission must be persons who have held office under the Government of India or of a State for at least 10 years.  The term of service of a member of a Commission is6 years from the date of his entering upon office, or until he attains the age of 65 years in the case of UPSC or of 62 years in the case of a State or Joint Commission.  But a member’s office may be terminated earlier

  1. by resignation in writing addressed to the President in the case of the Union or the Governor in the case of a State Commission.
  2. by removal by the President.

The President can remove a member if (a) the member is adjudged insolvent; or engages in paid employment outside the duties of his office; or is, in the opinion of the President, infirm in mind or body; (b) on the ground of misbehaviour according to the report of the Supreme Court which shall hold an inquiry on this matter on a reference being made by the President.

Thus, even in the case of the State Commission, itis only the President who can make an order of removal in pursuance of the report of the Supreme Court. The Governor has only the power to pass an interim order of suspension pending the final order of the President.

 A member would be considered guilty of misbehaviourif he is in any way concerned or interested in any contract made on the behalf of the Government, or if he participates in any way in the profit of such contract or agreement or in any benefit from an incorporated company.

Independence of the Commission

The Constitution ensures the independence of thePublic Service Commissions from the executive in several ways.

  1. The Chairman and members of a Commission can be removed only in the manner prescribed by the Constitution.
  2. The conditions of service of the members are not to be varied to thier disadvantage after their appointment.
  3. The expenses of the commission are charged on the Consolidated Fund of India or the State as the case may be.
  4. On ceasing to hold office, the Chairman of the UPSC shall be ineligible for further employment under the Union or State Government, while the other members of the UPSC or State Commission can be appointed as Chairman of UPSC or State Commission and not in any other office.

Functions

  1. To conduct examinations for appointment to services at the Centre and the States respectively.
  2. To render advice on any matter referred to them by President or Governor.
  3. To perform such additional functions with respect to the Union or State services which may be assigned to them by an act of Parliament or State Legislature as the case may be.
  4. To present reports to the President or Governor on all matters relating to the methods of recruitment, on the principles to be followed in making appointments or ordering promotions and transfers, on the use of different languages in conducting examinations, or all disciplinary matters affecting the government, or any claim by or in respect of a person who is serving or has served in a government post, or any claim for the award of a pension in respect of injuries sustained by a person while performing his official duties.
  5. To submit an annual report regarding the work of the Commission to the President/Governor, who then submits the report along with a memorandum of the cases where the advice of the Commission was disregarded and the reasons for doing so, to Parliament or the State Legislature, as the case may be.

 

Freedom of Press

  • There is no specific provision in our Constitution guaranteeing the freedom of the Press because freedom of the Press is included in the wider freedom of ‘expression’ which is guaranteed by Art. 19 (1) )(a).
  • Freedom of expression means the freedom to express not only one’s own views but also the views of others and by any means including printing.
  • But since the freedom of expression is not an absolute freedom and is subject to limitations, laws may be passed by the state imposing reasonable restrictions on the freedom of the Press in the interest of the security of the state, the sovereignty and integrity of India, friendly relations with foreign states, public order, decency or morality, or for the prevention of contempt of court.

Fundamental Rights and Civil Servants

A civil employee of the Government is entitled to the protection of Fundamental Rights in the same manner as a private citizen.
However, the State also possesses under Article 309 the power to regulate their ‘conditions of service’.

The State has the right to ensure that public servants possess the qualities of efficiency, honesty, impartiality and discipline, for instance, and to prevent any person who lacks these qualities from being in public service.

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