Question

With reference to the constitutional provisions for civil services, consider the following statements:

1. Article 311 provides safeguards to civil servants against dismissal, removal, or reduction in rank without an inquiry.

2. The 42nd Amendment Act of 1976 abolished the provision for a second opportunity for civil servants to make representations against proposed punishments.

3. Article 310 allows the President to provide compensation to civil servants in case of post abolition or premature vacation of post for reasons not related to misconduct.

4. The safeguards under Article 311 apply to members of both civil and defense services.

Which of the statements given above are correct?

• A. 1, 2, and 3 only
• B. 1 and 3 only
• C. 2 and 4 only
• D. 1, 2, and 4 only

Answer 1

Answer:

A. 1, 2, and 3 only

Constitutional Provisions for Civil Services in India

• Article 310: Doctrine of Pleasure
  • This article states that every person who is a member of a defence service or of a civil service of the Union or an all-India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President. Similarly, for states, it is the pleasure of the Governor.
  • However, this 'pleasure' is not absolute and is subject to the provisions of the Constitution, particularly Article 311.
  • Compensation Clause (Article 310(2)): Article 310 also provides for compensation. If a person is appointed under a special contract to a civil post, and their post is abolished or they are required to vacate the post prematurely for reasons *not* related to misconduct, they may be entitled to compensation as per the terms of their contract or specified by law. This supports the idea that compensation can be provided for post abolition or premature vacation not linked to misconduct.
• Article 311: Safeguards to Civil Servants
  • Article 311 provides significant protection to civil servants against arbitrary dismissal, removal, or reduction in rank. This is a crucial safeguard against political interference and ensures security of tenure.
  • It mandates that no person holding a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
  • It also stipulates that no such person shall be dismissed, removed, or reduced in rank *except after an inquiry* in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. This ensures natural justice.
• Impact of the 42nd Amendment Act, 1976 on Article 311
  • Prior to the 42nd Amendment Act, 1976, Article 311(2) provided for a 'two-stage' inquiry process for civil servants.
  • The first stage involved an inquiry into the charges and determination of guilt.
  • The second stage involved giving the civil servant an opportunity to make a representation against the proposed penalty based on the findings of the first inquiry.
  • The 42nd Amendment Act of 1976 abolished this provision for a second opportunity for civil servants to make representations against the proposed punishments. After this amendment, only one opportunity to be heard on the charges themselves is provided.
• Applicability of Article 311 Safeguards
  • The safeguards provided under Article 311 specifically apply to members of civil services of the Union or a State, or those holding civil posts under the Union or a State.
  • It does not apply to members of the defence services or persons holding posts connected with defence. Personnel in defence services are governed by their respective service rules and military law.
• Exceptions to Article 311 Safeguards
  • The constitutional safeguards under Article 311 have certain exceptions:
  1. Where a person is dismissed, removed, or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.
  2. Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry.
  3. Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.
• Relevant Constitutional Articles for Competitive Exams
  • Article 309: Regulates the recruitment and conditions of service of persons serving the Union or a State.
  • Article 312: Deals with All India Services (e.g., IAS, IPS, IFS), which can be created by Parliament.
  • Article 315: Establishes Public Service Commissions (UPSC and SPSC).
  • Article 323A: Deals with Administrative Tribunals for adjudication of disputes relating to recruitment and conditions of service of public servants.