Public Services

India's civil services are divided into three broad categories:

1. All-India Services

These are services common to both the Centre and the states. Members occupy key posts under both governments and serve them alternately.

Current All-India Services (3):

• Indian Administrative Service (IAS)
• Indian Police Service (IPS)
• Indian Forest Service (IFS)

In 1947, ICS was replaced by IAS and IP by IPS — both recognised by the Constitution. IFS was established in 1966.

Key features:

• Recruited and trained by the Central Government but allocated to state cadres
• The Centre has no cadre of its own for AIS
• Officers serve the Centre on deputation under the tenure system
• Despite state-wise allocation, each AIS forms a single service with uniform pay scales nationwide
• Salaries and pensions are met by the states
• Ultimate disciplinary control rests with the Centre; immediate control with states
• Disciplinary action (penalties) can only be imposed by the Central Government
• Sardar Vallabhbhai Patel championed all-India services in the Constituent Assembly → called 'Father of All-India Services'

2. Central Services

• Serve exclusively under Central Government jurisdiction
• Occupy specialised functional and technical positions
• Originally classified as Class I, II, III (subordinate), IV (inferior) → restructured as Group A, B, C, D in 1974 (on Third Pay Commission recommendation)
• Currently 60 Group A Central Services including IFS (Foreign), Indian Revenue Service, Indian Audit and Accounts Service, Indian Postal Service, etc.
• Indian Foreign Service (IFS) is the most prestigious Central service — ranks next to IAS, with higher pay than IPS
• Group A and B = gazetted officers; Group C and D = non-gazetted

3. State Services

• Work under exclusive state government jurisdiction
• Hold lower administrative positions than AIS officers in the state hierarchy
• Each state has its own named services (e.g., AP Civil Service, AP Police Service)
• The civil service (administrative service) is the most prestigious among state services
• Classified similarly into Class I/II (gazetted) and Class III/IV (non-gazetted)
• Common services across all states: Civil, Police, Forest, Agricultural, Medical, Veterinary, Fisheries, Judicial, Public Health, Educational, Co-operative, Registration, Sales Tax, Jail, Engineers

Gazetted class: Names published in Government Gazette for appointments, transfers, promotions, retirements. Addressed as 'officers'. Non-gazetted class: Not published in Gazette. Addressed as 'employees'.

Under the All-India Services Act, 1951 — up to 33.33% of senior posts in IAS, IPS, IFS are filled by promotion from state service officers. Selection committees are presided over by UPSC chairman/member.

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Article 308 clarifies these provisions do not apply to Jammu and Kashmir (original text).

1. Recruitment and Service Conditions (Article 309)

• Parliament and state legislatures can regulate recruitment and service conditions for central and state public servants respectively.
• Until such laws exist, the President or Governor can make rules.
• Service conditions include: pay, allowances, leave, promotion, transfer, disciplinary action, pension, provident fund, gratuity, etc.
• Parliament/legislatures can impose 'reasonable' restrictions on Fundamental Rights of public servants in the interest of efficiency, discipline, neutrality, etc.

2. Tenure of Office (Article 310)

• All defence and civil service members under the Centre and AIS members hold office during the pleasure of the President.
• State civil servants hold office during the pleasure of the Governor.
• Exception: If a special-qualification appointment is made under contract, compensation may be paid if: (a) the post is abolished before the contract period ends, or (b) vacation is required for reasons unconnected with misconduct.
• Such contracts can only be made with new entrants — not existing civil servants.

3. Safeguards to Civil Servants (Article 311)

Two protections against arbitrary removal:

(a) A civil servant cannot be dismissed or removed by an authority subordinate to the appointing authority.

(b) No dismissal, removal, or reduction in rank without a formal inquiry in which the civil servant is informed of charges and given a reasonable opportunity to be heard.

'Reasonable opportunity' (as held by the Supreme Court) includes: right to deny guilt, cross-examine witnesses, present own defence, and receive a copy of the inquiry officer's report before the disciplinary authority acts.

These safeguards apply to: civil services of Centre and states, AIS members, persons holding civil posts. Do NOT apply to: defence service members, persons holding military posts.

Exceptions where the inquiry safeguard is NOT required:

• Conviction on a criminal charge
• Authority records (in writing) that holding inquiry is not reasonably practicable
• President/Governor satisfied that the security of the state demands no inquiry

The 42nd Amendment Act (1976) abolished the second-stage hearing (right to represent against the proposed punishment). Now only one stage of hearing exists — during the inquiry itself.

4. All-India Services (Article 312)

• Parliament can create new All-India Services (including an all-India judicial service) if the Rajya Sabha passes a resolution by a two-thirds majority of members present and voting.
• Rajya Sabha has this power to protect states' interests in federalism.
• IAS and IPS existing at the Constitution's commencement are deemed created under this provision.
• An all-India judicial service shall not include posts inferior to that of a District Judge.
• Although the 42nd Amendment (1976) provided for an all-India judicial service, no such service has been created till date.

5. Other Provisions

• Article 312-A (28th Amendment Act, 1972): Parliament can vary or revoke service conditions of persons appointed to civil service of the Crown before 1950.
• Article 313: Transitional provision — pre-1950 laws applicable to public service continue until changed.
• Article 314: Provided protection to existing officers of certain services — repealed by the 28th Amendment Act, 1972.

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• Patel = Father of All-India Services — frequently asked.
• Know the three AIS and that IFS (Forest) was added only in 1966 (not at Constitution's commencement).
• Article 312 — Rajya Sabha's special role in creating new AIS (two-thirds majority) is a key federal safeguard.
• Article 311 — know both safeguards and all three exceptions to the inquiry safeguard.
• 42nd Amendment abolished the second-stage hearing under Article 311.
• The all-India judicial service is constitutionally provided for but never created.
• Salaries of AIS officers are paid by states, not the Centre.