Services under the State & Public Service Commissions (PSCs)
In India, the Constitution provides a structured system for public services and independent bodies to ensure fair recruitment and administration.
1. Services under the State
Meaning
“Services under the State” refers to persons employed in:
- Union Government services, and
- State Government services.
These include:
- All India Services (e.g., IAS, IPS),
- Central Services,
- State Civil Services.
Constitutional Provisions
- Part XIV (Articles 308–323) deals with services under the Union and States.
Doctrine of Pleasure (Article 310)
- Civil servants hold office “during the pleasure of the President or Governor.”
- This means they can be removed at any time.
⚠️ However, this power is not absolute and is subject to constitutional safeguards (Article 311).
Recruitment and Conditions of Service (Article 309)
Parliament and State Legislatures regulate:
- Recruitment,
- Conditions of service.
Until laws are made, the President or Governor can make rules.
2. Public Service Commissions (PSCs)
Constitutional Provisions
- Articles 315 to 323
Types of PSCs
1. Union Public Service Commission
- Conducts exams for central services.
2. State Public Service Commission
- Conducts recruitment for state services.
3. Joint State Public Service Commission
- Established for two or more States.
Independence of PSCs
Ensured by:
- Security of tenure,
- Fixed service conditions,
- Removal by President only in specific cases,
- Expenses charged on Consolidated Fund.
Functions of PSCs
Conduct examinations for appointments,
Advise on:
- Recruitment methods,
- Promotions and transfers,
- Disciplinary matters,
Assist in framing service rules.
Limitations
- Advice of PSC is not binding on the government.
- They have advisory role only.
Safeguards to Civil Servants
The Constitution provides protections to ensure fairness and prevent arbitrary action.
Article 311 – Key Safeguards
1. No Dismissal by Subordinate Authority
- A civil servant cannot be dismissed by an authority lower than the appointing authority.
2. Right to be Heard (Principle of Natural Justice)
No dismissal, removal, or reduction in rank without:
- Proper inquiry,
- Opportunity to defend.
Exceptions to Article 311
Safeguards may not apply in:
1. Criminal Conviction
- If a person is convicted by a court.
2. Impracticability of Inquiry
- If it is not reasonably practicable to conduct inquiry.
3. Interest of State Security
- If the President or Governor is satisfied that inquiry is not in the interest of national security.
Importance of Safeguards
- Protects civil servants from arbitrary dismissal,
- Ensures fair administrative process,
- Promotes efficiency and independence,
- Encourages honest decision-making.
Important Case
Union of India v. Tulsiram Patel
The Supreme Court held:
- Exceptions under Article 311 are valid,
- But must be used reasonably and not arbitrarily.
Relationship Between Doctrine of Pleasure & Safeguards
| Doctrine of Pleasure | Safeguards |
|---|---|
| Allows removal at will | Restricts arbitrary removal |
| Executive power | Constitutional limitation |
| Article 310 | Article 311 |
Conclusion
The provisions relating to Services under the State, PSCs, and safeguards to civil servants ensure a balance between administrative efficiency and fairness in India. While the Doctrine of Pleasure gives flexibility to the government, Article 311 safeguards protect civil servants from misuse of power, ensuring a just and accountable administration.
