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
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
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.
Freedom of Press
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.