Article 312 and the All-India Services
📜 Article 312 and the All-India Services
1. What is Article 312?
Article 312 is part of Part XIV (Services under the Union and the States) of the Constitution.
It deals with the creation of All-India Services by Parliament.
Specifically, it states:
"If the Council of States declares by resolution supported by not less than two-thirds of members present and voting that it is necessary or expedient in the national interest to create one or more All-India Services common to the Union and the States, Parliament may by law provide for the creation of such services."
2. What are All-India Services?
All-India Services are civil services common to both the Union and State governments.
Officers recruited under these services can serve both the central government and various state governments.
Their purpose is to ensure administrative cohesion and uniformity across the country.
3. Examples of All-India Services
Indian Administrative Service (IAS)
Indian Police Service (IPS)
Indian Forest Service (IFS)
(The IAS and IPS were created under earlier acts; IFS was created later under Article 312.)
4. How Are All-India Services Created?
Parliament must pass a resolution in the Rajya Sabha (Council of States) with a special majority (two-thirds present and voting) declaring it necessary.
Then, Parliament enacts a law creating the service.
5. Purpose and Importance
To maintain administrative uniformity and coordination between the Union and States.
Officers can be deputed between Union and States.
Helps in efficient policy implementation and governance across different jurisdictions.
6. Key Case Law
Union of India v. Association for Democratic Reforms (2002)
While mainly about transparency, the Supreme Court referred to the importance of All-India Services in maintaining integrity and discipline in administration.
Union of India v. R. Gandhi (2010)
The Court held that All-India Service officers are subject to disciplinary control by both Union and State governments, reflecting their dual service nature.
S.R. Bommai v. Union of India (1994)
Though primarily about federalism and President’s Rule, the case highlights the role of All-India Services officers (especially IAS and IPS) in ensuring constitutional governance in states.
7. Challenges & Debates
Sometimes, tension arises between the Union and State governments over control and postings of All-India Service officers.
The Article 312 mechanism ensures Parliament’s oversight over the creation of new All-India Services, balancing federal concerns.
8. Summary
| Aspect | Explanation |
|---|---|
| Article Number | 312 |
| Subject | Creation of All-India Services |
| Requirement for Creation | Rajya Sabha resolution with 2/3 majority + Parliament law |
| Purpose | Administrative cohesion between Union and States |
| Examples | IAS, IPS, IFS |
| Key Case Law | Union of India v. ADR (2002), Union of India v. R. Gandhi (2010) |
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