Article 312 of the Indian Constitution is a crucial provision that deals with the creation and regulation of All-India Services. These services play a vital role in maintaining the administrative unity and efficiency of the country, with officers serving both the Union Government and the various State Governments. This article outlines the specific procedure and conditions required for Parliament to establish such services, highlighting the unique role of the Rajya Sabha in this process.
The article is significant as it provides the constitutional basis for key administrative cadres like the Indian Administrative Service (IAS) and the Indian Police Service (IPS), and also allows for the potential creation of new All-India Services, including a dedicated All-India Judicial Service. Its mechanism reflects a blend of federal principles with a unitary bias towards maintaining national standards and integration through shared administrative services.
Original Text
312. All-India Services
(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services (including an all-India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed to any such service.
(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article, and Parliament shall have power to regulate the recruitment and conditions of service of persons appointed to the Indian Administrative Service and the Indian Police Service.
(3) The All-India Judicial Service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in Article 236.
(4) The law providing for the creation of the All-India Judicial Service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
Detailed Explanation
Article 312 empowers the Parliament of India to create new All-India Services. This power, however, is not exercised unilaterally by the Lok Sabha. It is uniquely subject to a prior condition: the Rajya Sabha (Council of States), which represents the interests of the States, must pass a resolution declaring that it is “necessary or expedient in the national interest” to create such a service. This resolution must be supported by a special majority, specifically, not less than two-thirds of the members present and voting.
Once the Rajya Sabha passes such a resolution, Parliament is then competent to enact a law for the creation of one or more All-India Services. These services are characterized by being “common to the Union and the States,” meaning the officers of these services are recruited by the Union but serve under both the Union Government and the State Governments. The law enacted by Parliament under this article can also regulate the recruitment process and the conditions of service for persons appointed to these services.
Clause (2) specifically recognizes the Indian Administrative Service (IAS) and the Indian Police Service (IPS) as existing All-India Services from the commencement of the Constitution. It deems them as having been created by Parliament under the authority of this article and explicitly grants Parliament the power to regulate their recruitment and conditions of service.
Clause (3), inserted by the 42nd Amendment Act, 1976, addresses the potential creation of an All-India Judicial Service (AIJS). It clarifies that such a service, if created, would comprise posts not inferior to that of a district judge, as defined in Article 236. This ensures that the AIJS would deal with higher judicial positions at the district level and above, leaving the recruitment for subordinate judiciary largely with the states and High Courts.
Clause (4), also added by the 42nd Amendment, facilitates the creation of the AIJS by stating that a law establishing such a service may include necessary amendments to Chapter VI of Part VI (which deals with subordinate courts). Crucially, it states that such a law will not be considered an amendment to the Constitution for the purposes of Article 368, meaning it can be passed by simple majority in Parliament after the Rajya Sabha resolution. This streamlines the legislative process for establishing the AIJS.
Detailed Notes
- Power to Create AIS: Parliament has the power to create All-India Services.
- Rajya Sabha’s Role: This power is contingent on a prior resolution by the Rajya Sabha.
- Special Majority: The Rajya Sabha resolution requires a special majority: not less than two-thirds of members present and voting.
- Ground for Resolution: The Rajya Sabha must declare the creation of the service “necessary or expedient in the national interest.”
- Nature of AIS: All-India Services are “common to the Union and the States.”
- Scope of Parliament’s Law: Parliament’s law can provide for the creation, recruitment, and conditions of service for AIS officers.
- Existing AIS: IAS and IPS are deemed to be services created under this article from the commencement of the Constitution.
- Regulation of IAS/IPS: Parliament retains the power to regulate the recruitment and conditions of service for IAS and IPS.
- All-India Judicial Service (AIJS): Clause (1) includes the possibility of creating an All-India Judicial Service.
- AIJS Level: If created, the AIJS shall not include posts inferior to that of a district judge (as defined in Article 236).
- Legislative Process for AIJS: A law creating AIJS can amend Chapter VI of Part VI.
- Amendment Status of AIJS Law: A law creating AIJS is not considered a constitutional amendment under Article 368.
Additional Comments
- Article 312 balances federalism (States’ representation via Rajya Sabha’s special power) with unitary principles (Union Parliament’s power to legislate and regulate).
- All-India Services officers are recruited and trained by the Union but allocated to State cadres to serve under State governments, ensuring national standards and integration.
- The “national interest” clause gives the Rajya Sabha significant discretion in deciding whether a new All-India Service is warranted.
- The inclusion of the All-India Judicial Service was intended to streamline the appointment of judges at the district level across states, though it has not been fully implemented yet.
- The fact that a law creating AIJS is not a constitutional amendment under Article 368 makes its creation legislatively less cumbersome, provided the Rajya Sabha resolution is passed.
Summary
Article 312 grants Parliament the authority to establish All-India Services that serve both the Union and the States. This power is conditional upon the Rajya Sabha passing a resolution, supported by a two-thirds majority of members present and voting, declaring the creation of such a service to be in the national interest. The article recognizes the existing Indian Administrative Service and Indian Police Service and empowers Parliament to regulate their recruitment and service conditions. It also provides for the potential creation of an All-India Judicial Service for posts not below that of a district judge, outlining a specific legislative procedure for its establishment that does not require a constitutional amendment under Article 368.