Part XIV: Services under the Union and the States
Article 312: All-India Services
Original Article:
(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more All-India Services (including an All-India Judicial Service) common to the Union and the States, and regulate the recruitment and conditions of service of persons appointed to any such service.
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.
(3) The All-India Judicial Service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in Article 236.
Explanation:
Article 312 empowers Parliament to create and regulate All-India Services that serve both the Union and the States. It ensures consistency and cooperation in governance across the nation, promoting national interest through unified administrative structures.
Key Provisions:
Creation of All-India Services
Parliament can create All-India Services like the Indian Administrative Service (IAS) and Indian Police Service (IPS) through a resolution by the Rajya Sabha supported by a two-thirds majority.
Recognition of Existing Services
The IAS and IPS, existing at the Constitution's commencement, are recognized as All-India Services under Article 312.
All-India Judicial Service
The article allows for the creation of an All-India Judicial Service, comprising senior judicial positions, ensuring uniformity in judicial appointments and administration.
Historical Significance:
The All-India Services were envisioned to strengthen federal cooperation and administrative efficiency. The inclusion of judicial services aims to standardize legal proceedings and judicial quality across states.
Real-Life Example:
The IAS officers have played a pivotal role in implementing central and state policies, maintaining administrative continuity during crises, and fostering national integration through their all-India reach.
Frequently Asked Questions (FAQs):
Article 312 facilitates the creation of unified services that operate across both Union and State governments, promoting consistency and cooperation in governance.
The All-India Judicial Service, as proposed under Article 312, aims to standardize judicial appointments and improve the quality of judicial administration across India.
By creating unified services operating under both Union and State governments, Article 312 fosters collaborative governance and strengthens cooperative federalism.
The Rajya Sabha must pass a resolution with a two-thirds majority to authorize Parliament to legislate on the creation of All-India Services, ensuring federal consultation.
Debates and Deliberations:
The Constituent Assembly engaged in extensive debates on the need for All-India Services. While most members supported their creation for administrative unity, concerns were raised about potential conflicts between Union and State interests. Dr. B.R. Ambedkar emphasized that such services were essential for maintaining high standards of administration across India.
References:
- Constituent Assembly Debates, Volume VII, on All-India Services.
- Constitution (Forty-second Amendment) Act, 1976.
- Judicial Review on All-India Judicial Services, Supreme Court of India.