Question

Which of the following statements are correct regarding the constitutional provisions for civil services?

1. Article 309 empowers Parliament and State Legislatures to regulate the appointment and conditions of service of public servants.

2. Article 310 states that civil servants hold office during the pleasure of the President or Governor, as applicable.

3. Article 311 provides safeguards only to members of the defense services.
   

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. All are correct

Answer 1

Answer:

A. 1 and 2

Constitutional Provisions for Civil Services in India

• India's civil services form the backbone of public administration, responsible for implementing policies and delivering services.
• Part XIV of the Indian Constitution, spanning Articles 308 to 323, is dedicated to 'Services under the Union and the States', outlining the framework for civil services.
• These articles define the appointment, conditions of service, and crucial protections afforded to public servants, ensuring their independence and efficiency.

Article 309: Recruitment and Conditions of Service of Persons Serving the Union or a State

• Article 309 empowers the Parliament to make laws regulating the recruitment and conditions of service for individuals appointed to public services and posts related to the affairs of the Union.
• Similarly, State Legislatures possess the authority to enact laws concerning the recruitment and service conditions for individuals appointed to public services and posts connected with the affairs of their respective States.
• In the absence of such legislative enactments, the President (for Union services) or the Governor (for State services) is authorized to frame rules to govern these matters.
• This article provides the foundational legal authority for the establishment of service rules, ensuring a structured approach to public employment.

Article 310: Tenure of Office of Persons Serving the Union or a State

• Article 310 embodies the 'Doctrine of Pleasure', a principle derived from English common law, in the context of Indian civil services.
• It stipulates that every person holding a position in a defence service, a civil service of the Union, an All-India Service, or any civil post under the Union, serves 'during the pleasure of the President'.
• Correspondingly, individuals in a civil service of a State or holding any civil post under a State serve 'during the pleasure of the Governor of the State'.
• While granting the executive the power to terminate employment, this 'pleasure' is not absolute and is significantly constrained by the constitutional safeguards provided under Article 311.

Article 311: Dismissal, Removal or Reduction in Rank of Persons Employed in Civil Capacities under the Union or a State

• Article 311 provides vital constitutional safeguards to civil servants against arbitrary actions such as dismissal, removal, or reduction in rank.
• Its primary objective is to ensure security of tenure and protect civil servants from political interference, thereby promoting impartiality and efficiency in administration.
• The key safeguards guaranteed by Article 311 are:
  • Subordinate Authority: No civil servant shall be dismissed or removed by an authority subordinate to that by which they were appointed.
  • Reasonable Opportunity: No civil servant shall be dismissed, removed, or reduced in rank without an inquiry where they are informed of the charges against them and given a reasonable opportunity to present their defence.
• Important Clarification: The statement suggesting that Article 311 provides safeguards *only* to members of defence services is incorrect. Article 311 specifically applies to persons employed in 'civil capacities' under the Union or a State. While defence personnel serve the Union, their service conditions and protections are typically governed by separate acts and regulations, with Article 311 explicitly covering civil posts.
• There are certain exceptions to the applicability of Article 311(2), such as conviction on a criminal charge, cases involving national security, or where it is not reasonably practicable to hold an inquiry.