IGP CSAT Paper 1 Indian Year Book the Polity Part 1

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The Republic of India is governed in terms of the Constitution, which was adopted by Constituent Assemblyon 26 November 1949 and came-into force on 26 January 1950.

• The President of India is constitutional head of executive of the Union.• Article 74(1) of the Constitution provides that there shall —a Council of Minister with the Prime

Minister as head to aid and advise President who shall in exercise of his functions act in accordancewith such advice.

• Real executive power thus vests in Council of Ministers with Prime Minister as head.

• Council of Ministers is collectively responsible to the House of the People (Lok Sabha).

• Similarly, in states, Governor is head of executive, but it is the Council of Ministers with ChiefMinister as head in whom real executive power vests.

• Council of Ministers of a state is collectively responsible to the Legislative Assembly.

• The Constitution distributes legislative power between Parliament and state-legislatures and providesfor vesting of residual powers in Parliament.

Citizenship• The Constitution of India provides for a single citizenship for the whole of India.

• Acquisition of Citizenship: The Citizenship Act, 1955 prescribes five ways of acquiring citizenship.

1. By Birth: If he is born in India on or after 26 January, 1950 but before 30 June, 1987; or if he isborn in India on or after 1 July 1987 but at the time of his birth either of his parents was a citizenof India.

2. By Descent: A person born outside India on or after 26 January, 1950, is a citizen of India bydescent if at the time of his birth either of his parents was an Indian Citizen. But before personborn outside India was entitled to Indian Citizenship only if his father (and not his mother) wasan Indian Citizen.

3. By Registration

4. By Naturalisation: A foreigner can become an Indian citizen by naturalisation.5. By Incorporation of Territory

Loss of Citizenship• By Renunciation: An Indian citizens who is also a citizen or national of another country, can renounce

his Indian. Citizenship.

• By Termination: When an Indian Citizen voluntarily acquires the citizenship of another country,his Indian citizenship automatically terminates.

• By Deprivation: It is a compulsory termination of Indian citizenship by the Central Government.

FUNDAMENTAL RIGHTS• These are guaranteed in the Constitution in the form of six broad categories of Fundamental Right

which are justiciable.

• Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.

CHAPTER - 2

THE POLITY

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Fundamental RightsCategory Provisions1. Right to equality (a) Equality before law and equal protection of laws (Article 14).

(Articles 14-18) (b) Prohibition of discrimination on grounds of religion, race, caste, sex orplace of birth (Article 15).

(c) Equality of opportunity in matters of public employment (Article 16).

(d) Abolition of untouchability (Article 17).

(e) Abolition of titles except military and academic (Article 18).

2. Right to freedom (a) Protection of six rights in respect of: (i) speech and expression,(Article 19-22) (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi)

profession (Article 19).

(b) Protection in respect of conviction for offences (Article 20).

(c) Protection of life and personal liberty Article 21).(d) Right to elementary education (Article 2 IA).

(e) Protection against arrest and detention in certain cases (Article 22).

3. Right against (a) Prohibition of traffic in human beings and forced labour (Article 23-24)exploitation (Article 23).

(b) Prohibition of employment of children in factories, etc. (Article 24)

4. Right to freedom (Article 25-28) Freedom of conscience and free profession, practice andof religion propagation of religion (Article 25)

(b) Freedom to manage religious affairs (Article 26)

(c) Freedom from payment of taxes for promotion of any religion (Article27)

(d) Freedom from attending religious instruction or worship in certaineducational institutions (Article 28).

5. Cultural and (a) Protection of language, script and culture of minorities (Article 29).educational rights (b) Right of minorities to establish and administer educational institutions(Articles 29-30) (Article 30).

6. Right to constitutional Right to move the Supreme Court for the enforcement of fundamentalremedies (Article 32) rights including the writs of (i) habeas corpus (ii) mandamus, (iii)

prohibition, (iv) certiorari, and (v) quo warrento (Article 32)

Fundamental Duties• By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens

have also been enumerated.• Article 51 ‘A’ contained in Part IV A of the Constitution deals with Fundamental Duties.

• According toArticle.51A, it shall be the duty of every citizen of India.

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and theNational Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;(e) to promote harmony and the spirit of common brotherhood amongst all the people of India







transcending religious, linguistic and regional or sectional diversities; to renounce practicesderogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, andto have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nationconstantly rises to higher levels of endeavour and achievement.

(k) to provide opportunities for education to his child or ward between the age of six and fourteenyears (This duty was added by the 86th Constitutional Amendment Act 2002)

Directive Principles of State Policy• The Constitution lays down certain Directive Principles of State Policy which though not justiciable,

are ‘fundamental in governance of the country’ and it is the duty of the State to apply these principlesin making laws.

Gandhian Principles• Article 40: State shall organize village panchayat as unit of self-government.

• Article 43: State shall try to promote cottage industries.

• Article 46: State shall promote with special care the educational and economic interests at theweaker sections of the peoples: SC and ST.

• Article 47 State shall try to secure the improvement of public -health and the prohibition of intoxicatingdrinks and drugs.

• Article 48: State shall preserve and improve the breeds and prohibit the slaughter of cows, calvesand other cows and drought cattle.

Directives Inspired by Western Liberal Ideas• Article 44 : to secure a uniform civil code throughout the territory of India.

• Article 45: Free compulsory and primary education for the children upto 14 years.

• Article 49 : to-protect and maintain places of - historic or a rustic interests.

• Article 50 : to work towards separating the judiciary from the executive.

• Article 51: to. promote international peace and amity, maintain honourable relations between nations,foster respect for international law and treaty obligation.

Directives Inspired by Socialistic Ideas• Article 38: To promote the welfare of the people and to secure a just social order.

• Article 39: (1) To secure adequate livelihood for all citizens; (2) distribution of ownership and controlof material resources of the community to serve common good; (3) an economic system which doesnot lead to concentration of wealth; (4) equal pay for equal work for both men and women; (5) healthand strength of worker; (6) opportunity and facilities for children to develop in a healthy manner andbe protected from exploitation.

• Article 39A: Equal Justice and free legal aid.

• Article 41: To make effective provision for securing the right to work, right to education, right topublic assistance in case of unemployment, old age sickness and disability

• Article 42: Asks for provision for just and human condition of work, and for maternity relief.

• Article 43: Living wage, etc., for workers.• Article 43A: Participation of workers in management of industries.







• Article 45: Free and compulsory educationfor children upto 14 years.

Ideals of Social Security• Right to work, to education and public

assistance in certain cases (article 41).Recently the Supreme Court declared, inMohini Jam’s Case that the right toeducation be equated with a fundamentalright and it should be read with Article22.This is because the right to life means adignified life, which has no meaning withouteducation.

• Free and compulsory education for childrenupto 14 years. (Article 45)

• Promotion of educational and economicinterests of the weaker sections. (Article 46)

• Raising the standard of living andimprovement of health. (Article 47)

• Equal justice and free legal aid. (Article 39A).

• Just and human conditions of work. (Article42)

The Union Executive• The Union executive consists of the

President, the Vice-President, AttorneyGeneral and the Council of Ministers withthe Prime Minister as the -head to aid andadvise the President.

President• The President is elected by members of an

electoral college consisting of electedmembers of both Houses of Parliament andLegislative Assemblies of the states inaccordance with the system of proportionalrepresentation by means of singletransferable vote.

The President must be a citizen of India,not less than 35 years of age and qualifiedfor election as member of the Lok Sabha.

• His term of office is five years and he iseligible for re-election.

• His removal from office is to be in accordancewith procedure prescribed in Article 61 ofthe Constitution.

• He may, by writing under his hand addressedto the Vice-President, resign his office.

• Executive power of the Union is vested inthe President and is-exercised by him either

Articles Related to President

Article No. Subject-matterArticle 52 The President of India

Article 53 Executive Power of the Union

Article 54 Election of PresidentArticle 55 Manner of election of President -

Article 56 Term of office of President

Article 57 Eligibility for re-election

Article 58 Qualifications for election asPresident

Article 59 Conditions of President's office

Article 60 Oath or affirmation by the PresidentArticle 61 Procedure for impeachment of the

President

Article 62 Time of holding election to fillvacancy in the office of President

Article 65 Vice-President to act as President orto discharge his functions

Article 71 Matters relating to the election ofPresident

Article 72 Power of President to grant pardonsetc. and to suspend, remit or commutesentences in certain cases.

Article 74 Council of Ministers to aid and advisethe President.

Article 75 Other provisions as to ministers likeappointment, term, salaries, etc.

Article 76 Attorney-General of India

Article 77 Conduct of business of theGovernment of India

Article 78 Duties of Prime Minister in respectto furnishing of information to thepresident, etc.

Article 85 Sessions of Parliament, propogationand discussion

Article 111 Assent to bills passed by theParliament

Article 112 Union budget (annual financialstatement)

Article 123 Power of President to promulgateordinances

Article 143 Power of President to consult SupremeCourt.







directly or through officers subordinate to him in accordance with the Constitution.

• Supreme command of defence forces of the Union also vests in him.

Vice-President

• The Vice-President is-e1ected by members of an electoral college consisting of members of bothHouse of Parliament in -accordance with the system of-proportional representation by means ofsingle transferable vote.

• He must be a citizen of India, not Less than 35 year of age and eligible for election as a member ofthe Rajya Sabha.

• His term of office is five years and he is eligible re-e1ection.

• His removal from. office is to be in accordance with procedure prescribed in Article 67 b.

• The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latteris unable to discharge his functions due to absence, illness or any other cause or till the election ofa new President (to be held within six months when a vacancy is caused by death, resignationremoval or otherwise of President).

Council of Ministers

• There is a Council of Ministers headed by the Prime Minister to aid and advise the President inexercise of his functions.

• The Prime Minister is appointed by the President who also appoints other ministers on the advice ofPrime Minister.

• The Council is collectively responsible to the Lok Sabha.

• It is the duty of the Prime Minister to communicate to the President all decisions of Council ofMinisters relating to administration of affairs of the Union and proposals for legislation and informationrelating to them.

• The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State(independent charge), Ministers of State and Deputy Ministers.

Legislature

• Legislature of the Union which is called Parliament , consists of President and two Houses, knownas Council of States (Rajya Sabha) and House of the People (Lok Sabha).

• Each’ House has to meet within six months of its previous sitting.

Rajya Sabha

• The Constitution provides that the Rajya Sabha shall consist of-I2memberstofr,naminated by thePresident from amongst person shaving special knowledge or practical experience in respect of suchmatters as literature, science, art and social service; and not more than 238 representatives of theStates and of the Union Territories.

• Elections to the Rajya Sabha are indirect; members representing States are elected by electedmembers of Legislative assemblies of the States, in accordance with the system of proportionalrepresentation by means of the single transferable vote, and those representing Union Territoriesare chosen in such manner as Parliament may by law prescribe.

• The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.Rajya Sabha, at present has 244 seats.

• Of these 233 members represent the States and the Union Territories and 11 members are nominatedby the President and one seat under nomination category is vacant.







Comparison between Council of Ministers and Cabinet

S.No. Council of Ministers Cabinet1. It is a wider body consisting of 1. It is a smaller body consisting of 15 to 20 ministers.

60 to 70 ministers

2. It includes all the three categories 2. It includes the cabinet ministers only.of Ministers, that is, cabinetMinisters, Ministers-of state,and-deputy Ministers.

3. It does not meet, as a body, to 3. It as a body, frequently and usually in a to deliberatetransact government business. and take decisions regarding the transaction ofIt has no collective functions. government business. Thus, it has collective functions.

4. It is vested with all powers but 4. It exercises, in practice, the powers of the councilin theory. of ministers and acts for the latter.

5. It is a constitutional body, dealt 5. It was inserted in 352 of the Constitution in 1978 byin detail by the Articles 74 and 75 the 44th Constitution a Amendment Act.of the Constitution.

6. It is collectively responsible to the 6. It enforces the responsibility of the council ofLower House of the Parliament ministers to the Lower House of Parliament.

Lok Sabha• The Lok Sabha is composed of representatives of people chosen by direct election on the basis of

adult suffrage.• The maximum strength of the House envisaged by the Constitution is now 552 (530 members to

represent the States., 20 members to represent the Union Territories and not more than two membersof the Anglo-Indian community to be nominated by the President, if, in his opinion, that communityis not adequately represented in the House).

• The Lok Sabha at present consists of 545 members.

• Of these, 530 members are directly elected from the States and 13 from Union Territories while twoare nominated by the President to represent the Anglo-Indian community.

• Following the Constitution 84th Amendment Act, 2001 the total number allocated to various Statesin the Lok Sabha on the basis of the 1971 census shall remain unaltered to be taken after the year2026.

• The term of the Lok Sabha, unless dissolved earlier is five years from the date appointed for its firstmeeting.

• However, while a Proclamation of Emergency is in operation, this period may be extended by Parliamentby law for a period not exceeding one year at a time and not extending in any case, beyond a period of-six months after Proclamation has ceased to operate.

• Fifteen Lok Sabhas have been constituted so far.Comparison of Position of Rajya Sabha with respect to Lok SabhaRajya Sabha has equal status with Lok Sabha in following matters:

1. Introduction and passage of’ ordinary bills.

2. Introduction and passage of Constitutional amendment

3. Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India-

4. Election and impeachment of the president.5. Election and removal of the vice-president.







6. Making recommendation to the President for the removal of Chief Justice and Judges of SupremeCourt and High Courts, Chief Election Commissioner and comptroller and auditor general.

7. Approval of ordinances issued by the President.’

8. Approval of proclamation of all three types of emergencies by the President.9. Selection of ministers including the Prime Minister. Under the Constitution, the ministers including

the Prime Minister can be members of either House.

10. Consideration of the reports of the constitutional bodies like Finance Commission, Union PublicService Commission, Comptroller and Auditor, etc.

11. Enlargement of the judiciary of the Supreme Court and the Union Public Service Commission.

Rajya Sabha has unequal status with Lok Sabha in following matters:

1. A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.

2. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14days, either with recommendations or without recommendations.

3. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. Inboth the cases, the money bill is deemed to have been passed by the two Houses.

4. A financial bill, not containing solely the matters of Article 110, also can be introduced only in theLok Sabha and not in the Rajya Sabha.

5. The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker ofthe Lok Sabha.

6. The Speaker of Lok Sabha presides over the joint sitting of both the Houses.

7. The Lok Sabha with greater number wins the battle in a joint sitting except when the combinedstrength of the ruling party in both the Houses is less than that of the opposition parties.

8. Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is theexclusive privilege of the Lok Sabha).

9. A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabhaand not by the Rajya Sabha.

10. The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion.

Special Powers of Rajya Sabha• It can authorise the Parliament to make a law on a subject enumeraçi1tbeSt8te List (Article 249).

• It can authorise the Parliament to create new—All-India Services common to both the—Centre andStates (Article 312).

Membership of ParliamentQualifications• He must be a citizen of India.

• He must make and subscribe before the person authorized by the election commission an oath oraffirmation according to the form prescribed in the Third Schedule.

• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 yearsof age in the case of the Lok Sabha.

• He must possess other qualifications prescribed by Parliament.

• He must be registered as an elector for a parliamentary constituency in the concerned state orunion territory in the case of the Rajya Sabha.

• He must be registered as an elector for some parliamentary constituency in India in the Case of theLok Sabha.

• He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he







wants to contest a seat reserved for them. However, a member of scheduled castes or scheduledtribes can also contest a seat not reserved for them.

Disqualifications• If-he holds any office of profit under the Union or State government.• If he is of unsound mind and stands so declare by a court.

• If he is an undischarged insolvent.

• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is underany acknowledgement or allegiance to a foreign state;

• If he is so disqualified under any law made by Parliament.

Parliament laid down the following additional disqualifications in the Representation of People Act(1951).

• He must not have been found guilty of certain election offences or corrupt practices in the elections.• He must not have been convicted for any offence resulting in imprisonment for two or more years.

But, the detention of a person under a preventive detention law is not a disqualification.

• He must not have failed to lodge an account of his election expenses within the time.

• He must have any interest- in government contracts, works or services.

• He must not be a director or managing—agent nor hold an office of profit in a corporation in whichthe government has at least 25 per cent share.

• He must not have been dismissed from government services for Corruption or disloyalty to the State.

• He must not have been convicted for promoting enmity between- different groups or for the. offenceof bribery.

Parliamentary Committees• Their appointment, terms of office, functions and procedure of conducting business are also more or

less similar and are regulated as per rules made by the two Houses under Article 118(1) of theConstitution.

• Broadly, Parliamentary Committees are of two kinds—Standing Committees and ad hoc Committees.

• The former are elected or appointed every year or periodically and their work goes on, more or less,on a continuous basis.

• The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as theycomplete the task assigned to them.

• Among the Standing Committees the three Financial Committees— Committees on Estimates,Public Accounts Committee and Public Undertakings constitute a distinct group as they keep anunremitting vigil over Government expenditure and performance.

• While members of the Rajya Sabha are associated with Committees on Public Accounts and PublicUndertakings, the members of the Committee on Estimates are drawn entirely from the Lok Sabha.

• Estimates Committee: The Estimates Committee reports on ‘what economies, improvements inOrganisation, efficiency or administrative reform consistent with policy underlying the estimates’may be effected.

• The origin of this committee can be traced to the Standing Financial Committee setup in 1921. FirstEstimates Committee in the post-independence era was constituted in 1950 on the recommendationof John Mathai, the then Finance Minister.

• It also examines whether the money is well laid out within limits of the policy implied in the estimatesand suggests the form in which estimates shall be presented to Parliament.

• Public Accounts Committee: The Public Accounts Committee scrutinises appropriation and financeaccounts of Government and reports of the Comptroller and Auditor-General.







• It ensures that public money is spent in accordance with Parliament’s decision and calls attentionto cases of waste, extravagance, loss or nugatory expenditure.

• The committee was first setup in 1921, at present it consists of 22 members (l5fromLokSabha and 7from Rajya Sabha). The Members are elected by the parliament every year by proportionalrepresentation by means of single transferable vote. The term of the office of members is one year.

• A minister cannot be elected as a member of committee. The chairman of the committee is appointedby the Speaker.

• Committee on Public Undertakings: The Committee on Public Undertakings examines reports ofthe Comptroller and Auditor-General, if any. It also examines whether public undertakings arebeing run efficiently and managed in accordance with sound business principles and-prudentcommercial practices.

• The Committee was created in 1964 on the recommendation of the Krishna Menon Committee.Originally it had 15members (l0 from the Lok Sabha and 5 from the Rajya Sabha).

• Besides these three Financial Committees the Rules Committee of the Lok Sabha recommendedsetting-up of 17 Department Related Standing Committees (DRSCs).

• Accordingly, 17 department Related Standing Committees were set upon 8 April 1993.

• In July 2004, rules were amended to provide for the constitution of seven more such committees,thus raising the number of DRSCs from 17 to 24.

Standing Committees of Parliament and their functions.• Committee to Inquire:

(a) Committee on Petitions examines petitions on bills and on matters of general public interestand also entertains representations on matters concerning subjects in the Union List; and

(b) Committee of Privileges examines any question of privilege referred to it by the House or Speaker!Chairman;

• Committees to Scrutinise:

(a) Committee on Government Assurances keeps track of all the assurances, promises, undertakings,etc.

(b) Committee on Subordinate Legislation scrutinises and reports to the House whether the powerto make regulations, rules, sub-rules, bye-laws, etc.

(c) Committee on Papers Laid on the Table examines all papers laid on the table of the House byMinisters, other than statutory notifications and orders which come within the purview of theCommittee on Subordinate Legislation, to see whether there has been compliance with theprovisions ôf1te Constitution, Act, rule or regulation under which the paper has been laid;

• Committees relating to the day-to-day business of the House:

(a) Business Advisory Committee recommends allocation of time for items of Government and otherbusiness to be brought before the Houses;

(b) Committee on Private Members Bills and Resolutions of the Lok Sabha.

(c) Rules Committee considers matters of procedure and conduct of business in the House andrecommends amendments or additions to the Rules;

(d) Committee on Absence of Members

• Committee on the Welfare of Scheduled Castes and Scheduled Tribes• Committees concerned with the provision facilities to members

(a) General Purposes Committee considers and advises Speaker! Chairman on matters concerningaffairs of the House, which do not appropriately fall within the purview of any other ParliamentaryCommittee.







(b) House Committee deals with residential accommodation and other amenities for members;

• Joint Committee on Salaries and Allowances of Members of Parliament

• Joint Committee on Offices of Profit• The Library Committee

• Committee on Empowerment of Women with members from both the Houses was constituted with aview to securing, among other things, status, dignity and equality for women in all fields;

• Ethics Committee: On 4 March 1997, the Ethics Committee-of the Rajya Sabha was constituted. TheEthic Committee of the Lok Sbha was constituted on 16 May 2000.

Leaders of Opposition in Parliament• In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sbha

are accorded statutory recognition. Salary and other suitable facilities are extended to them througha separate legislation brought into force on 1 November1977.

Youth Parliament Competition• In order to develop democratic ethos in the younger generation the Ministry of Parliamentary Affairs

conducts youth parliament Competition in various categories of schools and colleges! universities

• The youth par1iament Scheme was first introduced in the School in Delhi in 1966-67.

• Kendriya Vidyalayas located in and around Delhi were incorporated into the ongoing Scheme forDelhi Schools in 1978.

• Subsequently, as separate scheme of youth parliament for Kendriya Vidyalayas at the National Levelwas launched in 1988.

Matters Under Rule 377 And Special Mentions• The Ministry of Parliamentary Affairs takes follow-up action on matters raised under Rule 377 of the

Rules of Procedure and-Conduct of Business in Lok-Sabha and by way of Special Mentions in RajyaSabha.

• Also after ‘Question Hour’ in both the Houses of Parliament, Members raise matters of urgent publicimportance.

Administrative Set—Up• The Government of India (Allocation of Business) Rules, 1961 are made by the President of India

under Article 77 of the Constitution for the allocation of business of the Government of India.

• The Ministries/Departments of the Government are created by the President on the advice of thePrime Minister under these Rules.

Cabinet Secretariat• The Cabinet Secretariat is under the direct charge of the Prime Minister.

• The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officioChairman of the Civil Services Board.

• In the Government of India (Allocation of Business Rules) 1961 ‘Cabinet Secretariat’ finds a place

National Authority, Chemical Weapons Convention• National Authority, Chemical Weapons Convention (CWC) was set u b a resolution of Cabinet

Secretariat dated 5, May 1997 to fulfill the obligations enunciated in the Chemical WeaponsConvention initially signed by 130 countries in a in a conference which concluded on 14 January1993 for the purpose prohibiting of the development, production, execution, transfer, use andstockpiling of all chemical weapons by Member-States is a non-discriminatory process.

All India Services• Prior to Independence, the Indian Civil Service (UCS) was the senior most amongst the Services of







the Crown in India. Besides the ICS, there was also the Indian Police Service.• A provision was made in Article 312 of the Constitution for creation of one or more All India Services

common to the Union and State.• After the promulgation of the Constitution, a new All India Service, namely, the Indian Forest Service,

was created in 1966.• A common unique feature of the All India Services is that the members of these services are recruited

by the Centre but their services are placed under various State cadres and they have the liability toserve both under the State and under the Centre.

• Of the three All India Services, namely, the Indian Administrative Service (IAS), the Indian PoliceService (IPS) and the Indian Forest Service (IFS), the Ministry of Personnel, Public Grievances andPension is he cadre controlling authority for the IAS and Minister of authority for the IPS and Ministryof Environment & Forest for IFS.

• The recruitment to all the three services is made by the UPSC.Administrative Reforms And Public Grievances• Department of Administrative Reforms and Public Grievances (DARPG) is the nodal agency of the

Government for administrative reforms as well as redressal of public grievances relating to theStates in general and grievances pertaining to Central Government agencies in particular.

• The Department disseminates information on important activities of the Government relating toadministrative reforms, best practices and public grievance redressal through publications anddocumentation. The Department also undertakes activities in the field of international exchangeand cooperation to promote public service reforms.

Constitutional Provisions regarding the recruitmentand service conditions of All India and CentralServices.• The Constitution of India makes the following

provisions with regards to recruitment and serviceconditions of All-India and Central Services:

• Article 309 empowers the Parliament to regulatethe recruitment and service conditions of personsappointed to Central Services and posts.

• Article 310 provides that the members of All IndiaServices and Central Services, and posts hold officeduring the pleasure of the President.

• Article 311 provides that no member of-All IndiaServices and Central Services and posts shall bedismissed or removed by an authority subordinateto that by which he was appointed. It further laysdown that no such member shall be dismissed orremoved or reduced to rank except after an inquiryin which he has been informed of the chargesagainst him and given a reasonable opportunity ofbeing heard in respect of those charges.

• Article 312 authorises the Parliament to create newAll-India Services (including an All-India JudicialService) and regulate the recruitment and serviceconditions of persons appointed to these services.However they can be created by the Parliament onlyafter the Rajya Sabha passes a resolution supportedby two-thirds majority saying that interest to do so.

ARTICLES RELATED TO UPSC

Article No. Subject-MatterArticle 315 Public Service Commissions

for the Union and for theStates.

Article 346 Appointment and term of officeof members.

Article 317 Removal and suspension of amember of a Public ServiceCommission

Article 318 Power to make regulations asto conditions of service ofmembers and staff of theCommission.

Article 319 Prohibition as to the holding ofoffice by members ofcommission on ceasing to besuch members.

Article 320 Functions of Public ServiceCommission

Article 321 Power to extend functions ofPublic Service Commissions

Article 322 Expenses of Public ServiceCommissions

Article 323 Reports of Public ServiceCommissions




Documents

IGP CSAT Paper 1 Indian Year Book the Polity Part 1