CIVIL SERVICES IN INDIA (Public Administration - paper II)

 
CHAPTER-10
3 All India Services(AIS)- “Steel frame of Administrative Structure”:
1. IAS
2. IPS
3. IForestS
· In 1947, ICS was replaced by IAS; Indian Police(IP) was replaced with IPS and were recognised by the Constitution as AIS.
· In 1963, 3 more services were created, viz IFoS, Indian Medical and Health Service, Indian Service of Engineers. In 1966, only IFoS came into existence.
· Article 312 gives parliament the liberty to create AIS on the basis of the resolution passed by the RajyaSabha.
· The services can be created only by the act of parliament and not by mere resolution of RajyaSabha. However, the parliament cannot enact such an act without the recommendation of the Rajyasabha. This protection was given in order to protect the federal system.
· SardarVallababhai Patel is the chief protagonist in the formation of AIS in the constituent Assembly. Hence he is known as “Father of AIS”.
The AIS act of 1951 authorised the central govt. to make rules for the regulation and service conditions of the members of AIS in consultation with state govt.s.
Scales of AIS: 3 scales;
1. Super time scale
2. Senior scale and
3. Junior
Controlling ministries:
· IAS- Ministry of Personnel
· IPS- Home
· IFS-Environments and Forests
Ø The ultimate control over AIS lies with Central Govt. whereas immediate controlling power vests with state govt.
Ø Salaries and pensions are met by States; disciplinary issues only by Central govt.
Ø There are currently 24 state cadres.
Central Services:
Ø CS works under the exclusive jurisdiction of Cent. Govt.
Ø Before independence, the CS were classified into Class I, Class II, inferior and Subordinate Services.
Ø The nomenclature of inferior and Subordinate Services were replaced with Class III and Class IV on the recommendation of the FIRST PAY COMM (1946-47).
Ø On the basis of the Third Pay Comm. (1970-73)- Recommendations, the nomenclature of these services were further changed to Group A,B(gazetted services),C,D( non-gazetted).
Constitutional provisions:
Ø Article 309: parliament is empowered to regulate the recruitment and service conditions
Ø Article 310: members of AIS or CS hold the office during the pleasure of the Prez.
Ø Article 311: AIS & CS cannot be dismissed or removed by any authority less than those appointed them. They can be dismissed only after an Inquiry after being given a reasonable opportunity to be heard.
Ø Article 312: refer above
Ø Article 323-A: authorises the parliament to provide for setting up of an Administrative Tribunal for the adjudication of trials and disputes.
Ø Article 335: lays down that claims of SCs & STs will be taken into consideration in making appointments to CS and Posts.
System of recruitment:
Present system of recruitment into AIS and CS are based on the various committees’ recommendations over the period of time.
1. Macaulay Committee (comt.)
2. Kothari
3. Satish Chandra
Ø In recent times two more committees were appointed; Alagh comt.(July 2000-oct 2001) and Hota comt.(feb 2004-July 04).
Ø Macaulay laid down the basic governing principles for governing the recruitment to civil service for the first time in 1854.
o The most imp. aspect of this Policy is the system of open competition and scholastic nature of examination. However the present system of recruiting merit based suitable candidates was introduced by the 2 & 3COMT. Nevertheless the policy laid down and philosophy of recruitment advocated by Macaulay comt continues to influence the system.
o The Kothari comt had also recommended a third step of examination known as Post-Training Test. The recomm. Was not implemented owing to operational issues associated with the reorganisation of the LSBNAA, Mussorie.