How are All India Services created?
Q. Who is the Chief Protagonist of All-India Services?- Published on 16 Mar 17
a. Jawaharlal Nehru
b. Rajendra Prasad
c. Sardar Vallabhbhai Patel
d. Dr. Ambedkar
ANSWER: Sardar Vallabhbhai Patel
- Sardar Vallabhbhai Patel was the Chief Protagonist of All-India Services in the Constituent Assembly. Hence, he came to be regarded as the ‘Father of All-India Services’.
- All-India services are those services which are common to both Central and State Governments.
- The members of these services occupy key posts under both the centre and the states and serve them by turns.
- At present, there are three All-India Services - Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS).
- In 1947, the Indian Civil Service (ICS) was replaced by IAS and the Indian Police (IP) was replaced by IPS and were recognized by the Constitution as All-India Services.
- In 1966, the Indian Forest Service was established as the third All-India service.
- The All-India Services Act of 1951 authorized the Central government to make rules in consultation with the State Governments for the regulation of recruitment and service conditions of the members of All-India Services.
- The members of these services are recruited and trained by the Central Government but are assigned to different states for work. They serve the Central Government on deputation.
- The All-India Services are controlled jointly by the Central and State Governments.
- The ultimate control lies with the Central Government while the immediate control is vested in the State Governments.
- Any disciplinary action (imposition of penalties) against these officers can only be taken by the Central Government.
Article 312 makes the following provisions in respect of All-India Services -
1. The Parliament can create new All-India Services (including an All-India Judicial Service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest to do so.
2. Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting.
3. This power is to protect the interests of states.
4. Parliament can regulate the recruitment and conditions of service of persons appointed to All-India Services for which the Parliament has enacted the All-India Services Act, 1951.
5. The services known at the commencement of the constitution (that is, January 26, 1950) as the Indian Administrative Service and the Indian Police Service are deemed to be services created by Parliament under this provision.
6. The All-India Judicial Service should not include any post inferior to that of a district judge.
7. A law providing for the creation of this service is not to be deemed as an amendment of the Constitution for the purposes of Article 368.
Other Provisions -
1. Article 312 A (inserted by the 28th Amendment Act of 1972) confers powers on the Parliament to vary or revoke the conditions of service of persons who were appointed to a civil service of the crown in India before 1950.
2. Article 313 deals with transitional provisions and says that until otherwise provided, all the laws in force before 1950 and applicable to any public service would continue.
3. Article 314 which made provision for protection of existing officers of certain services was repealed by the 28th Amendment Act of 1972.