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CONSTITUTIONAL LAW-II Unit-IV 

Paper III:

CONSTITUTIONAL LAW-II

Unit-IV 

1. Explain the constitutional and legal position of the liability of the State in torts. How far is the State liable for the wrongful acts of its servants?

The liability of the State in torts refers to the extent to which the government can be held responsible for the wrongful acts (civil wrongs) committed by its servants during the course of their employment. In India, the constitutional and legal position on this issue is derived from a combination of constitutional provisions, judicial decisions, and principles inherited from the British legal system.

Constitutional Position:

There is no specific provision in the Indian Constitution directly dealing with the liability of the State in torts. However, Article 300 of the Constitution provides a basis for holding the Union and State governments liable in civil proceedings.

Article 300 – Suits and Proceedings:

Article 300(1) states:

“The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State…”

Further, the liability of the Union or State is the same as that of the Dominion of India or Provinces under the Government of India Act, 1935, which in turn followed the rule of liability of the East India Company.

This implies that the State may be held liable in torts in the same way as an ordinary individual, but subject to certain exceptions.

Legal Position: Sovereign and Non-Sovereign Functions

The legal principle that governs the liability of the State in tort is based on the distinction between sovereign and non-sovereign functions of the State — a doctrine inherited from English law and upheld in Indian jurisprudence.

Sovereign Functions:

These are functions which are inherently governmental, such as maintenance of law and order, defense, administration of justice, etc. The State is not liable for wrongful acts committed by its servants in the discharge of such sovereign functions.

Non-Sovereign (Commercial/Ministerial) Functions:

These are functions which could be performed by private individuals as well, such as running railways, post offices, factories, etc. The State is liable for tortious acts committed by its employees while discharging these non-sovereign functions.

Important Case Laws:

1. P & O Steam Navigation Co. v. Secretary of State (1861):

This is the first major case laying down the principle of State liability in torts. The Calcutta Supreme Court held that the East India Company (and by extension, the State) could be held liable for acts done in non-sovereign capacity.

2. State of Rajasthan v. Vidyawati (AIR 1962 SC 933):

The Supreme Court held that the State was liable for the negligence of its servant (a government driver) who caused death by rash and negligent driving. The Court rejected the defense of sovereign immunity in this case as the act was a non-sovereign function.

3. Kasturi Lal v. State of U.P. (AIR 1965 SC 1039):

In this case, the Court denied liability of the State where a police constable misappropriated gold seized from the plaintiff. The act was held to be part of a sovereign function (policing), and therefore, the State was immune from liability.

This case re-established the doctrine of sovereign immunity and has been criticized for its inconsistency with modern constitutional values.

Modern Trends and Criticism:

  • The distinction between sovereign and non-sovereign functions is increasingly seen as outdated and incompatible with the welfare state model.
  • Several jurists and courts have suggested the need for a comprehensive legislation to clearly define the liability of the State in torts.
  • The Law Commission of India, in its reports, has recommended statutory recognition of the State’s liability to ensure accountability and provide remedies to victims.

Conclusion:

The liability of the State in torts in India is a limited and evolving concept. While the State can be held liable for the tortious acts of its servants in non-sovereign functions, it generally enjoys immunity for acts done in the exercise of sovereign functions. However, this distinction has been heavily criticized, and there is a pressing need for legislative reform to make the law more consistent with constitutional principles of equality, justice, and accountability.

2. Discuss the contractual liability of the State under Article 299 of the Constitution of India. What are the essential conditions for a valid contract with the government?

Introduction

In India, the State (both Union and State governments) can enter into contracts like any private individual. However, due to the special status of the government as a sovereign entity, the Constitution of India lays down specific procedural safeguards to prevent abuse and to ensure transparency. The legal basis for contractual liability of the State is found in Article 299 of the Constitution.

Constitutional Provision: Article 299

Article 299 of the Constitution of India deals with the mode of execution of contracts by the Union and the States.

Article 299(1):

“All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President or by the Governor of the State, as the case may be, and all such contracts and assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorize.”

Article 299(2):

Provides immunity to the President or the Governor from personal liability in respect of such contracts.

Essentials of a Valid Government Contract under Article 299(1)

For a contract to be valid and enforceable against the government, three essential conditions must be satisfied:

1. Contract must be expressed to be made by the President or Governor

  • The contract must clearly state that it is made in the name of the President (for Union contracts) or the Governor (for State contracts).
  • This is a mandatory formality, and its omission renders the contract void and unenforceable.

2. It must be executed by a person authorized by the President or Governor

  • The person signing the contract must be duly authorized, either specifically or generally, to do so on behalf of the President or Governor.
  • Unauthorized execution leads to invalidity.

3. It must be made in accordance with the rules framed under Article 77 (Union) or Article 166 (State)

  • These Articles provide for the procedure of business and allocation of responsibility within government departments.
  • Failure to comply with these procedural rules can affect the validity or enforceability of the contract.

Judicial Interpretation and Case Law

1. K.P. Chowdhary v. State of Madhya Pradesh (AIR 1967 SC 203):

The Supreme Court held that a contract not made in accordance with Article 299(1) is void and cannot be enforced, even if the government has enjoyed the benefits.

2. Bhikraj Jaipuria v. Union of India (AIR 1962 SC 113):

The Court reiterated that Article 299 is mandatory and not a mere formality. Non-compliance renders the contract void ab initio (from the beginning).

3. Mulamchand v. State of Madhya Pradesh (AIR 1968 SC 1218):

The Court held that a contract which does not comply with Article 299(1) cannot be ratified later, and no suit can lie against the government on such a contract.

Effect of Non-Compliance

  • Total invalidity: A contract that does not conform to Article 299(1) is unenforceable in a court of law, even if there is partial performance.
  • No estoppel against State: The doctrine of estoppel (you can’t deny what you’ve accepted) does not apply against the State in such cases.

Quasi-Contractual Remedies

In certain cases where a contract is void due to technical defects but the government has received some benefit, courts have allowed relief under Section 70 of the Indian Contract Act, 1872:

“If a person lawfully does something for another, or delivers something not intending to do so gratuitously, and the other person enjoys the benefit, then compensation must be paid.”

This provides equitable relief but does not validate the contract itself.

Conclusion

The contractual liability of the State under Article 299 is governed by strict constitutional formalities. The article mandates that government contracts must:

  1. Be in the name of the President or Governor,
  2. Be executed by authorized persons,
  3. Follow prescribed procedures.

Non-compliance renders such contracts void and unenforceable, regardless of benefit or performance. While this rigid approach may appear harsh, it aims to prevent fraud, ensure accountability, and protect public funds. However, quasi-contractual remedies serve to balance equities where strict enforcement would lead to unjust enrichment by the State.

3. Examine the scope and significance of Article 301 of the Indian Constitution. How does it guarantee freedom of trade, commerce, and intercourse throughout the territory of India?

Introduction

Article 301 of the Indian Constitution is a vital provision under Part XIII (Articles 301 to 307), which deals with Trade, Commerce, and Intercourse within the territory of India. It seeks to ensure the economic unity and integration of the country by granting freedom of trade, commerce, and intercourse across State and regional boundaries. This provision draws inspiration from similar guarantees in federations like the United States and Australia.

Text of Article 301

“Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.”

This brief yet powerful provision lays down a general rule of freedom while acknowledging that certain restrictions may be imposed under specific conditions by subsequent Articles (302–305).

Scope of Article 301

1. Broad Coverage of Trade and Commerce

  • Article 301 ensures the free flow of goods, services, and capital across India without any internal barriers.
  • The word “throughout the territory of India” signifies inter-State as well as intra-State movement of trade and commerce.

2. Inclusion of Intercourse

  • “Intercourse” here includes movement of people, goods, and services for economic purposes.
  • It promotes mobility, necessary for a unified national market.

3. Negative Liberty (Freedom from Restrictions)

  • Article 301 does not confer a positive right to carry on trade (unlike Article 19(1)(g)) but guarantees freedom from obstacles, such as:
    • Entry taxes,
    • Transport bans,
    • Movement restrictions,
    • Trade barriers between States.

Significance of Article 301

1. Economic Integration

  • Ensures that India operates as one economic unit, preventing Balkanisation of the economy.
  • Eliminates internal barriers that could fragment the market.

2. Promotion of Federalism

  • While promoting unity, it respects the autonomy of States by allowing them to regulate trade under certain conditions (e.g., taxation, public interest).

3. Encouragement to Free Market

  • By ensuring unrestricted trade, it facilitates competition, efficiency, and consumer welfare.

4. Judicial Safeguard Against Discriminatory Barriers

  • Courts have interpreted Article 301 to strike down laws or actions that unduly burden or restrict free trade.

Judicial Interpretation

Several landmark judgments have defined the contours of Article 301:

1. Atiabari Tea Co. Ltd. v. State of Assam (1961 AIR 232)

  • The Supreme Court held that Article 301 guarantees freedom of trade, and any law that impedes the movement of trade is subject to judicial review.
  • It also clarified that taxes can be restrictive and may violate Article 301 if they hamper free trade.

2. Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan (AIR 1962 SC 1406)

  • The Court introduced the concept of “compensatory taxes”, which are allowed as they do not hinder trade but provide services and facilities (like road maintenance).
  • Laid down a balancing approach between State’s regulatory power and freedom of trade.

Exceptions to Article 301 (Restrictions Permitted)

Although Article 301 guarantees freedom, this is not absolute. The Constitution provides for exceptions and regulatory powers through:

1. Article 302 – Power of Parliament

  • Parliament may impose restrictions on trade in the public interest, even if it restricts inter-State trade.

2. Article 303 – No discrimination by Parliament or State

  • Prevents Parliament and States from making discriminatory laws favoring one State over another.
  • Clause (2) allows Parliament to make exceptions for scarcity of goods.

3. Article 304 – Power of State Legislatures

  • Allows States to:
    • Impose reasonable restrictions on public interest (Art. 304(b)),
    • Levy taxes on goods from other States if similar goods are taxed locally (Art. 304(a)).

4. Article 305 – Saving of existing laws

  • Protects certain pre-Constitution laws from being invalidated under Article 301.

5. Article 307 – Appointment of Authority

  • Empowers Parliament to appoint an authority for enforcing the provisions of Part XIII.

GST and Article 301

  • With the introduction of the Goods and Services Tax (GST) regime in 2017, many indirect tax barriers between States were removed.
  • GST has furthered the objective of Article 301 by creating a unified tax structure, enhancing the ease of doing business and promoting free movement of goods.

Conclusion

Article 301 plays a crucial role in preserving the economic unity of the Indian Union by ensuring the freedom of trade, commerce, and intercourse throughout the country. It seeks to eliminate internal economic barriers and promote a harmonized national market. However, this freedom is not absolute, and reasonable restrictions are permitted under Articles 302–305. The judiciary has evolved a balanced and pragmatic approach to interpret this provision, thereby upholding both federal autonomy and economic integration.

4. Discuss the restrictions imposed on freedom of trade and commerce under Articles 302 to 305. When can the State impose reasonable restrictions on this freedom?

Introduction

While Article 301 of the Indian Constitution guarantees freedom of trade, commerce, and intercourse throughout the territory of India, this freedom is not absolute. The Constitution provides for restrictions that may be imposed by both Parliament and State legislatures under certain circumstances. These restrictions are codified in Articles 302 to 305, which are part of Part XIII of the Constitution.

These provisions aim to balance the goal of national economic integration with the needs of regulation, public interest, and State autonomy.

Article 302 – Power of Parliament to Impose Restrictions

“Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.”

✅ Key Features:

  • Applies to both inter-State and intra-State trade.
  • The restriction must be in the public interest.
  • There is no requirement of reasonableness expressly stated.
  • The power is exclusive to Parliament, not State legislatures.

⚖️ Judicial View:

In Atiabari Tea Co. v. State of Assam (1961), the Court held that taxes that hinder the free flow of trade are restrictions under Article 302 and must be justified in public interest.

Article 303 – Restrictions Not to Discriminate Between States

Clause (1):

Neither Parliament nor State legislatures shall have the power to make laws that give preference to one State over another, or discriminate between States in trade and commerce.

✅ Purpose:

  • To prevent economic favoritism.
  • To uphold federal equality among States.

Clause (2):

Parliament may, by law, make exceptions to the above if it is necessary to deal with a situation of scarcity of goods in any part of India.

⚠️ Note:

  • This exception applies only to Parliament, not to State legislatures.
  • It must be exercised only to tackle scarcity, not for political or regional favoritism.

Article 304 – Power of State Legislatures to Impose Restrictions

This article empowers State legislatures to impose certain restrictions under specific conditions.

Clause (a): Non-Discriminatory Taxation

A State may impose taxes on goods imported from other States, but only if similar goods produced within the State are also subject to the same tax.

✅ Conditions:
  • Tax must be non-discriminatory.
  • Ensures level playing field between local and imported goods.

Clause (b): Reasonable Restrictions in Public Interest

A State may impose reasonable restrictions on trade, commerce, or intercourse within that State, if it is in the public interest.

✅ Conditions:
  • The restriction must be reasonable.
  • Must serve public interest.
  • Prior Presidential assent is required before introducing such a bill in the State Legislature.
⚖️ Judicial Interpretation:

In Automobile Transport Ltd. v. State of Rajasthan (1962), the Court held that reasonable restrictions under Article 304(b) are permissible and must be balanced against the freedom under Article 301.

Article 305 – Saving of Existing Laws and Laws for State-Owned Enterprises

“Nothing in Articles 301 and 303 shall affect the provisions of any existing law or prevent the State from making laws for carrying on any trade or business by the State or corporations owned or controlled by the State.”

✅ Implication:

  • Protects pre-Constitution laws from being invalidated due to conflict with Article 301.
  • Allows the State to engage in trade or business through its own agencies, even if it affects private traders.

When Can the State Impose Reasonable Restrictions?

A State government can impose restrictions on freedom of trade and commerce in the following scenarios:

Provision Ground Who Can Impose? Conditions/Requirements
Article 302 Public Interest Parliament No express requirement of reasonableness
Article 303(2) Scarcity of goods Parliament only Must be necessary to remove scarcity
Article 304(a) Taxation of imported goods State Legislature No discrimination against imported goods
Article 304(b) Public interest State Legislature Must be reasonable + prior Presidential assent

Conclusion

Although Article 301 ensures freedom of trade, commerce, and intercourse across India, Articles 302 to 305 provide a carefully designed system of checks and balances. These provisions allow for necessary restrictions to be imposed in public interest, prevent economic discrimination between States, and ensure that economic integration does not come at the cost of governance and equity.

The Supreme Court has consistently played a key role in maintaining the balance between trade freedom and regulatory powers, ensuring that restrictions are justified, reasonable, and non-discriminatory. As India progresses toward a unified national market (especially under GST), these constitutional provisions continue to hold great significance.

Constitutional Provisions Relating to Services under the Union and the States & Protections under Article 311

I. Introduction

The Constitution of India provides for the creation and regulation of services under the Union and the States to ensure the smooth functioning of the government machinery. These services are known as civil services. The Constitution not only lays down the structure and recruitment of such services but also provides important protections to civil servants to ensure their independence, impartiality, and security of tenure.

II. Constitutional Provisions Relating to Services

1. Part XIV of the Constitution (Articles 308 to 323)

This part deals with the “Services under the Union and the States” and contains provisions regarding recruitment, conditions of service, and disciplinary matters.

2. Article 309 – Recruitment and Conditions of Service

  • It empowers Parliament and State Legislatures to regulate recruitment and conditions of service of persons serving the Union or a State.
  • Until such laws are made, the President (for Union services) or the Governor (for State services) can make rules in this regard.

3. Article 310 – Tenure of Office (“Doctrine of Pleasure”)

  • Civil servants hold office “during the pleasure of the President or the Governor”.
  • However, this doctrine is subject to constitutional limitations, especially Article 311.
  • It means that while the government can dismiss a civil servant, certain protections must be observed.

4. Article 311 – Protection to Civil Servants

Article 311 is the cornerstone for safeguarding civil servants against arbitrary dismissal, removal, or reduction in rank. It ensures fair procedure and natural justice in disciplinary matters.

III. Protections under Article 311

1. Applicability of Article 311

It applies to civil servants who are members of:

  • All-India Services (like IAS, IPS)
  • Central Civil Services
  • State Civil Services

It does not apply to military personnel, contractual employees, or employees in non-civilian posts.

2. Article 311(1) – Authority for Dismissal/Removal

  • No civil servant can be dismissed or removed by an authority subordinate to the one who appointed him.
  • Ensures hierarchical discipline and protection from arbitrary actions by lower authorities.

3. Article 311(2) – Reasonable Opportunity of Being Heard

Before dismissal, removal, or reduction in rank, the following mandatory steps must be followed:

(a) Inquiry and Charges:

  • A written charge-sheet must be provided.
  • An inquiry officer must be appointed to conduct a fair hearing.

(b) Opportunity to Defend:

  • The employee must be allowed to defend himself, cross-examine witnesses, and produce evidence.

(c) Reasoned Order:

  • The disciplinary authority must issue a reasoned order based on the inquiry findings.

4. Exceptions to Article 311(2)

Article 311(2) also provides for three exceptions where the inquiry or notice requirement may be dispensed with:

(a) 2(a): Conviction on a Criminal Charge
If the employee is convicted in a court of law for a criminal offence, dismissal can be ordered without departmental inquiry.

(b) 2(b): Impracticability
If it is not practicable to hold an inquiry (e.g., threat to witnesses or public order), the inquiry can be skipped. However, reasons must be recorded in writing.

(c) 2(c): Security of the State
If the President or Governor is satisfied that it is not expedient to hold an inquiry in the interest of national security, it can be dispensed with.

IV. Significance of Article 311

  • Prevents arbitrary dismissal and ensures fairness.
  • Maintains morale and independence of civil servants.
  • Ensures protection from political interference and vindictive actions.
  • Preserves natural justice, a basic feature of the Constitution.

V. Important Judicial Interpretations

  • Union of India v. Tulsiram Patel (1985):
    The Supreme Court upheld the validity of exceptions under Article 311(2) and emphasized the need for recorded reasons when inquiry is denied.
  • Maneka Gandhi v. Union of India (1978):
    Reinforced the principle of natural justice and fair procedure as part of Article 21.
  • Khem Chand v. Union of India (1958):
    Recognized the right to receive charge-sheet, opportunity to reply, and defend against charges as essential elements of fair hearing.

VI. Conclusion

The constitutional provisions under Part XIV provide a well-structured legal framework for regulating civil services under the Union and States. Among these, Article 311 plays a crucial role in ensuring job security and procedural fairness to civil servants. While disciplinary action is permitted, it must conform to constitutional guarantees and natural justice. This balance safeguards both the efficiency of administration and the rights of public servants.

Q.6. Discuss the structure, recruitment, and control of All India Services. How are they different from Central and State Services?

I. Introduction

India has a federal structure, and to maintain administrative uniformity and coordination between the Centre and the States, the Constitution provides for three categories of civil services:

  1. All India Services (AIS)
  2. Central Services
  3. State Services

The All India Services occupy a unique position, as they are common to both the Union and the States. They serve as the backbone of Indian administration and play a key role in policy implementation at all levels of government.

II. Constitutional and Legal Basis of All India Services

1. Article 312 – Creation of All India Services

  • Parliament can create new All India Services (other than IAS and IPS) by law, if the Rajya Sabha passes a resolution supported by two-thirds of members present and voting.
  • Existing AIS:
    • Indian Administrative Service (IAS)
    • Indian Police Service (IPS)
    • Indian Forest Service (IFS) (created in 1966 under this provision)

III. Structure of All India Services

1. Dual Control System

  • AIS officers are recruited and trained by the Central Government, but they serve both the Centre and the States.
  • They are allocated to different State cadres but can be deputed to serve the Union Government.

2. Cadre System

  • Each State has a separate cadre (e.g., UP Cadre, Tamil Nadu Cadre), or a joint cadre (e.g., AGMUT – Arunachal Pradesh, Goa, Mizoram, and Union Territories).
  • Cadre rules regulate posting, promotion, and transfers.

IV. Recruitment to All India Services

Recruitment to AIS is mainly through the Union Public Service Commission (UPSC):

1. Direct Recruitment

  • Based on Civil Services Examination conducted by UPSC.
  • Top-ranking candidates are allotted to IAS, IPS, and IFS based on merit and preferences.

2. Promotion (Non-Direct Entry)

  • A certain percentage of vacancies is filled by promoting State Civil/Police/Forest Services officers.
  • Promotions are made in consultation with the UPSC and State Governments.

V. Training of AIS Officers

  • After selection, officers undergo training at:
    • LBSNAA, Mussoorie for IAS
    • SVPNPA, Hyderabad for IPS
    • IGNFA, Dehradun for IFS

The training focuses on administrative laws, ethics, governance, public policy, and fieldwork.

VI. Control and Service Conditions

1. Appointing and Disciplinary Authority

  • Appointing Authority: President of India
  • Disciplinary Authority:
    • For Central deputation: Central Government
    • For State posting: State Government, but major penalties require concurrence of the Central Government.

2. Transfer and Posting

  • Managed under the AIS (Cadre) Rules, 1954 and AIS (Discipline and Appeal) Rules, 1969
  • Inter-cadre transfer or deputation to the Centre is handled by the Department of Personnel and Training (DoPT) under the Ministry of Personnel.

VII. Distinction between All India Services, Central Services, and State Services

Aspect All India Services (AIS) Central Services State Services
Creation Under Article 312 By Parliament/President By State Legislatures/Rules
Control Dual control – Centre and State Controlled by Central Govt Controlled by State Govt
Recruitment By UPSC – Direct + Promotion By UPSC/SSC or other agencies By State PSCs
Cadre Allocated to specific State Cadres No State Cadre; serve only in Central departments Assigned to State departments
Posting Work in both State & Central posts Work only in Central departments & PSUs Work only in State departments
Examples IAS, IPS, IFS IRS, IES, IAAS, IFS (Foreign), etc. SDM, DSP, Tahsildar, etc.

VIII. Role and Importance of All India Services

  • Ensure administrative uniformity across India.
  • Act as a bridge between Centre and States.
  • Policy implementation at grassroots and advisory role at the highest levels.
  • Play a vital role in disaster management, law and order, and development schemes.

IX. Challenges and Criticisms

  • Politicization of transfers and postings.
  • Over-centralization and limited State autonomy.
  • Lack of specialization in service roles.
  • Delay in promotions of State service officers to AIS.

X. Conclusion

The All India Services are a unique administrative innovation of Indian federalism. While maintaining the federal structure, they promote national integration, uniform governance, and coordination between Union and State governments. Their dual control mechanism and wide jurisdiction make them indispensable to India’s governance system, clearly distinguishing them from purely Central or State services.

Q.7. What are the constitutional provisions related to the Public Service Commissions? Examine the role and powers of the Union and State Public Service Commissions under Part XIV of the Constitution.

I. Introduction

The Public Service Commissions are constitutional bodies established to ensure a fair, independent, and merit-based recruitment system for civil services in India. To maintain integrity and efficiency in the administration, the Constitution under Part XIV (Articles 315 to 323) provides for the establishment of:

  • Union Public Service Commission (UPSC) for the Centre, and
  • State Public Service Commissions (SPSCs) for each State.

These bodies are pivotal in upholding the values of transparency, neutrality, and efficiency in public employment.

II. Constitutional Provisions Related to Public Service Commissions

1. Article 315 – Establishment

  • Provides for the establishment of:
    • UPSC for the Union
    • SPSC for each State
    • Joint State Public Service Commissions for two or more States (by Parliament’s law)

2. Article 316 – Appointment and Term

  • Chairman and members of UPSC and SPSC are appointed by:
    • UPSC: Appointed by the President
    • SPSC: Appointed by the Governor
  • Term: 6 years or until the age of:
    • UPSC: 65 years
    • SPSC: 62 years

3. Article 317 – Removal

  • Members can be removed only by the President on the ground of:
    • Misbehaviour (after an inquiry by the Supreme Court)
    • Infirmity of mind or body
    • Insolvency, paid employment outside office, or conflict of interest

4. Article 318 – Regulations

  • President (for UPSC) and Governor (for SPSC) can determine:
    • Number of members
    • Service conditions
    • Staff and administrative rules

5. Article 319 – Ineligibility for Further Office

  • A member who has served as Chairman of UPSC or SPSC is ineligible for reappointment to that post.
  • A Chairman of UPSC is also ineligible for appointment to any other position in Government of India or State.

6. Article 320 – Functions of the Public Service Commissions

The duties of UPSC and SPSC include:

(a) Recruitment:
  • Conduct examinations and interviews for appointments to civil services and posts.
(b) Advising on:
  • Matters related to method of recruitment.
  • Principles for promotions, transfers, and suitability of candidates.
  • Disciplinary matters affecting civil servants.
  • Reinstatement and appeals in service matters.

🔹 Note: The Government is not bound to accept the advice of UPSC or SPSC, but in most cases, it is followed.

7. Article 321 – Extension of Functions

  • Parliament or State Legislature may extend the functions of UPSC/SPSC to services other than civil services, such as public enterprises or statutory authorities.

8. Article 322 – Expenses

  • The expenses of UPSC and SPSC are charged on the Consolidated Fund of India or the State, respectively, making them financially independent.

9. Article 323 – Annual Report

  • Each commission must submit an annual report to:
    • President (for UPSC)
    • Governor (for SPSC)
  • The report is laid before Parliament or State Legislature with reasons if any advice was not accepted.

III. Role and Powers of UPSC and SPSC

1. Union Public Service Commission (UPSC)

  • Constitutional status under Article 315
  • Conducts prestigious exams like:
    • Civil Services Examination (IAS, IPS, IFS, IRS)
    • Engineering Services, CMS, NDA, CDS, etc.
  • Advisory role in matters of appointment, promotion, and disciplinary proceedings.
  • Helps maintain uniformity and meritocracy in All India and Central services.

2. State Public Service Commissions (SPSCs)

  • Recruit for State Civil Services like:
    • SDM, DSP, Tehsildar, Deputy Collector, etc.
  • Conduct State-level exams like:
    • PCS (Provincial Civil Services), Group A, B posts
  • Advise on State Government’s service matters.
  • Ensure fair selection at the State level.

IV. Comparison between UPSC and SPSC

Feature UPSC SPSC
Established by President under Article 315 Governor under Article 315
Appointing Authority President Governor
Jurisdiction Central and All India Services State Services
Report Submitted to President → Parliament Governor → State Legislature
Recruitment IAS, IPS, IFS, etc. State Civil Services
Exams Conducted CSE, NDA, CDS, etc. PCS, Group A/B Exams, etc.

V. Importance of Public Service Commissions

  • Ensure impartial and transparent recruitment.
  • Prevent politicization of civil services.
  • Safeguard the merit-based system of appointment and promotion.
  • Contribute to good governance and rule of law.
  • Strengthen the autonomy of the civil services.

VI. Challenges and Criticisms

  • Lack of binding authority on their advice.
  • Delay in recruitment processes.
  • Increasing political pressure, especially at the State level.
  • Limited jurisdiction over contractual or ad-hoc appointments.
  • Need for technological modernization and transparency.

VII. Conclusion

The Public Service Commissions under Part XIV of the Constitution play a vital role in maintaining the integrity and efficiency of the Indian civil services. Through their constitutional safeguards, impartial processes, and advisory functions, both UPSC and SPSC ensure that merit, equity, and transparency are upheld in public employment. Strengthening their independence and modernizing their processes will further enhance their effectiveness in serving democratic governance.

Q.8. Critically examine the need for reforms in the All India Services and the role of Public Service Commissions in maintaining administrative efficiency and neutrality.

I. Introduction

The All India Services (AIS) and the Public Service Commissions (PSCs) form the bedrock of India’s bureaucratic structure. AIS officers such as those in the IAS, IPS, and IFS (Forest) play a pivotal role in the implementation of national policies, while UPSC and State PSCs act as guardians of meritocracy and impartial recruitment.

However, in recent years, challenges like politicization, inefficiency, lack of specialization, and corruption have raised serious concerns about their effectiveness and neutrality, highlighting an urgent need for comprehensive reforms.

II. Need for Reforms in the All India Services

Despite their significant contributions, the All India Services face multiple structural and functional issues, which include:

1. Politicization and Erosion of Neutrality

  • Frequent and arbitrary transfers and postings based on political considerations weaken administrative independence.
  • Officers often face pressure to align with ruling parties, compromising impartial decision-making.

2. Lack of Specialization

  • AIS officers are generalists and often handle varied sectors (health, finance, technology) without domain expertise.
  • In contrast, modern governance demands sector-specific technical skills and data-driven administration.

3. Inadequate Performance Evaluation

  • The Annual Confidential Report (ACR) system is opaque, subjective, and prone to favoritism.
  • There is no transparent mechanism to reward merit or penalize underperformance.

4. Limited Lateral Entry

  • The lack of lateral entry blocks infusion of fresh talent from outside the bureaucracy.
  • Experts and professionals from the private sector or academia are needed to improve efficiency and innovation.

5. Promotion Bottlenecks and Cadre Imbalances

  • Delays in promotion of State service officers into AIS result in demoralization.
  • Inter-cadre imbalances affect postings and create administrative disruptions.

6. Training and Capacity Building Deficiencies

  • Initial training is rigorous, but mid-career training is often neglected.
  • Continuous professional development is essential for modern public administration.

7. Ethical Decline and Corruption

  • The decline in public service ethics and rising corruption allegations undermine public trust in the AIS.

III. Suggested Reforms in All India Services

  1. Ensure fixed tenure and depoliticized transfers through independent Civil Services Boards (as directed in T.S.R. Subramanian v. Union of India, 2013).
  2. Introduce domain specialization and career tracks (e.g., health, infrastructure, education).
  3. Revamp performance appraisal by replacing ACR with 360-degree feedback systems.
  4. Encourage lateral entry at mid- and senior-level positions in policy and administration.
  5. Strengthen training infrastructure through regular upskilling, digital tools, and global exposure.
  6. Promote ethical governance through stronger disciplinary mechanisms and transparency.

IV. Role of Public Service Commissions in Administrative Efficiency and Neutrality

The Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) are constitutional watchdogs ensuring merit-based recruitment and preserving the neutrality of civil services.

1. Merit-Based Recruitment

  • Conduct examinations with transparency and competitiveness.
  • Serve as gatekeepers of quality and competence for public service entrants.

2. Advisory Role

  • Advise on service rules, promotions, and disciplinary actions, ensuring fairness and legality.
  • Check arbitrariness in appointments and dismissals.

3. Ensuring Administrative Neutrality

  • By insulating recruitment from political influence, they uphold the neutral character of civil services.
  • Help prevent nepotism and favouritism in public appointments.

4. Autonomy and Constitutional Protection

  • PSCs operate independently of the executive, with their expenses charged on the Consolidated Fund.
  • Protected under Articles 315–323 to maintain functional independence.

5. Challenges to PSCs

  • Increasing vacancies and delays in examinations affect timely recruitment.
  • Political pressure, especially on State PSCs, erodes neutrality.
  • Need for technological upgrades and modernized procedures.
  • Lack of accountability in cases of irregularities.

V. Strengthening the Role of PSCs: Suggested Measures

  1. Digital modernization of examination and recruitment processes.
  2. Autonomy safeguards to prevent interference in selection and recommendations.
  3. Capacity building for PSC staff and examiners.
  4. Audit and performance review mechanisms for transparency.
  5. Creation of All India Judicial and Health Services through PSCs, as proposed.

VI. Conclusion

The All India Services and Public Service Commissions remain vital institutions for effective governance and democratic accountability in India. However, to meet the growing complexities of public administration, both institutions require structural reforms, transparency, and modernization.

Reforming AIS will ensure responsive, efficient, and ethical administration, while strengthening PSCs will maintain meritocracy and neutrality in civil service appointments. Together, they can uphold the ideals of the Constitutional welfare state and deliver good governance to citizens.