Actual Article
Article 312: All-India services
- If the Council of States declares 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 provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.
- 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.
- 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.
- Parliament may by law provide for the inclusion in any such service of posts common to the Union and the States, but no such law shall be deemed to authorize the inclusion therein of any post inferior to that of a district judge as defined in Article 236.
UPSC Notes for Article 312
Explanation:
- Creation of All-India Services: Clause (1) allows for the creation of new all-India services, including an all-India judicial service, if the Council of States (Rajya Sabha) passes a resolution with a two-thirds majority stating it is necessary in the national interest.
- Existing Services: Clause (2) confirms that the Indian Administrative Service (IAS) and the Indian Police Service (IPS), existing at the commencement of the Constitution, are deemed to be services created under Article 312.
- Judicial Service: Clause (3) specifies that the all-India judicial service must include only posts not inferior to that of a district judge.
- Inclusion of Posts: Clause (4) allows Parliament to include posts common to the Union and the States in such services, but ensures these posts are not inferior to that of a district judge.
Key Points:
- National Integration: Article 312 promotes national integration by allowing the creation of services common to both the Union and the States, facilitating uniformity and coherence in administration.
- Council of States’ Role: Empowers the Rajya Sabha to initiate the creation of all-India services, reflecting the federal structure and ensuring State participation in the decision.
- Judicial Independence: Ensures that the all-India judicial service comprises only senior judicial posts, maintaining the independence and integrity of the judiciary.
Important Cases and Commissions Related to Article 312
Cases:
- Union of India vs. Sankalchand Himatlal Sheth (1977): The Supreme Court emphasized the significance of maintaining the independence of the judiciary while discussing the creation of an all-India judicial service.
- Pradeep Jain vs. Union of India (1984): The Court discussed the importance of all-India services in maintaining administrative standards and national integration.
Commissions:
- Second Administrative Reforms Commission: Recommended measures for improving the efficiency and functioning of all-India services, including recruitment and training.
- National Commission to Review the Working of the Constitution (NCRWC): Suggested reforms related to the creation and functioning of all-India services, including the all-India judicial service.
Important Reports Related to Article 312:
- Second Administrative Reforms Commission Reports: Provide recommendations for enhancing the effectiveness and accountability of all-India services.
- NCRWC Report: Discusses the need for and the implications of creating an all-India judicial service, suggesting measures to ensure its independence and efficiency.
Previous Year Prelims Questions Related to Article 312
- (UPSC Prelims 2016) What is required for the creation of an all-India service under Article 312 of the Indian Constitution?
- A. Approval from the President
- B. A resolution by the Council of States supported by a two-thirds majority
- C. A resolution by the Lok Sabha supported by a simple majority
- D. Approval from the Supreme Court Correct Answer: B. A resolution by the Council of States supported by a two-thirds majority
- (UPSC Prelims 2018) Which of the following services is deemed to be created by Parliament under Article 312?
- A. Indian Revenue Service (IRS)
- B. Indian Foreign Service (IFS)
- C. Indian Administrative Service (IAS)
- D. Indian Forest Service (IFoS) Correct Answer: C. Indian Administrative Service (IAS)
Previous Year Mains Questions Related to Article 312
- Mains 2016: “Discuss the significance of Article 312 in promoting national integration and uniformity in public administration. How does this article facilitate the creation of all-India services?”
- Mains 2019: “Evaluate the impact of creating an all-India judicial service under Article 312. What are the potential benefits and challenges associated with such a service?”
Additional Insights:
- Uniform Standards: Article 312 helps in maintaining uniform standards of administration and governance across the country by creating services that operate at both the Union and State levels.
- Enhancing Efficiency: The creation of all-India services ensures that highly qualified and trained individuals are available for key administrative and judicial positions, enhancing the overall efficiency of governance.
- Judicial Reforms: The provision for an all-India judicial service aims to strengthen the judiciary by ensuring uniformity in the appointment and service conditions of senior judges, promoting judicial independence and integrity.
Understanding Article 312 is crucial for UPSC aspirants as it provides insights into the mechanisms for creating all-India services, emphasizing the importance of national integration, administrative efficiency, and judicial independence. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on public administration within the Indian Constitution.