Classification of Public Services in India

Public services in India are divided into three categories:
1. All-India Services
2. Central Services
3. State Services

All-India Services

All-India Services are services that are common to both the Central Government and State Governments.
Officers of these services work under both the Centre and the states at different times during their career.
These officers generally hold top administrative and important posts in the government.

Present All-India Services

At present, India has three All-India Services:

Indian Administrative Service (IAS)
Indian Police Service (IPS)
Indian Forest Service (IFoS)

Historical Background

After Independence in 1947, the Indian Civil Service (ICS) was replaced by the Indian Administrative Service (IAS).
Similarly, the Indian Police (IP) was replaced by the Indian Police Service (IPS).
In 1966, the Indian Forest Service (IFoS) was created as the third All-India Service.

Article 312 and Creation of New All-India Services

Article 312 of the Constitution empowers Parliament to create new All-India Services.
However, Parliament can create a new All-India Service only after Rajya Sabha passes a resolution supporting it.
Therefore, Rajya Sabha’s recommendation is compulsory before Parliament creates a new All-India Service.
This special power is given to Rajya Sabha to protect the interests of states in the federal system.

Constitutional Status of All-India Services

Initially, the Draft Constitution prepared by the Drafting Committee did not provide constitutional status to All-India Services.
Later, the Constituent Assembly added provisions related to All-India Services under Article 312.
These provisions not only gave constitutional status to All-India Services but also allowed the creation of new All-India Services in future.

Sardar Vallabhbhai Patel and All-India Services

Sardar Vallabhbhai Patel strongly supported the creation of All-India Services in the Constituent Assembly.
Because of his important role, he is known as the “Father of All-India Services”.

All-India Services Act, 1951

The All-India Services Act, 1951 authorised the Central Government to make rules regarding recruitment and service conditions of All-India Service officers.
While making such rules, the Central Government must consult the State Governments.

Recruitment and Posting of Officers

Officers of All-India Services are recruited and trained by the Central Government.
After recruitment, they are allotted to different state cadres for service.
The Centre itself does not have a separate cadre for these services.
Officers can later serve under the Central Government on deputation for a fixed period.
After completing deputation, they return to their respective state cadres.

Nature of All-India Services

Even though officers are divided among different states, each All-India Service is treated as a single unified service across the country.
Officers enjoy common rights, equal status and uniform pay scales throughout India.
All the three All-India Services belong to Class-I (Group-A) category services.

Categories of All-India Services

All-India Services are divided into three levels:

Junior Scale
Senior Scale
Super Time Scale

Officers are first appointed in the Junior Scale.
With experience and promotion, they move to the Senior Scale and later to the Super Time Scale.

Ministries Controlling All-India Services

Different ministries of the Central Government manage different All-India Services:

IAS is controlled by the Ministry of Personnel, Public Grievances and Pensions.
IPS is controlled by the Ministry of Home Affairs.
IFoS is controlled by the Ministry of Environment, Forest and Climate Change.

Control Over All-India Services

All-India Services are jointly controlled by the Central and State Governments.
The Central Government has ultimate control over these services.
The State Governments exercise immediate day-to-day control over officers working in the states.
Salaries and pensions of these officers are paid by the State Governments.
However, disciplinary actions and penalties against these officers can be imposed only by the Central Government.

State Cadres of All-India Services

At present, there are 26 state cadres for All-India Services.
These include two joint cadres:

Assam–Meghalaya Cadre
AGMUT Cadre (Arunachal Pradesh, Goa, Mizoram and Union Territories)

Central Services

Officers of Central Services work completely under the control of the Central Government.
They mainly handle specialised, technical and functional work in different departments of the Central Government.
Most Central Services are managed by their respective ministries or departments.
Some Central Services are controlled by the Ministry of Personnel.
The Ministry of Personnel also decides general personnel policies for all Central Services.
Therefore, the Ministry of Personnel is known as the central personnel agency of the Government of India.

Evolution of Classification of Central Services

Before Independence, Central Services were divided into:
- Class I
- Class II
- Subordinate Services
- Inferior Services
After Independence, the First Pay Commission replaced the terms “Subordinate” and “Inferior” with:
- Class III
- Class IV
Later in 1974, on the recommendation of the Third Pay Commission, the classification was changed again.
The present classification is:
- Group A
- Group B
- Group C
- Group D

Present Classification of Central Services

The Central Services are currently divided into four groups:

Central Services Group A
Central Services Group B
Central Services Group C
Central Services Group D

Group A Central Services

The number of Group A Central Services has increased over time.
At present, there are 66 Group A Central Services.

Some important Group A Central Services are:

Indian Foreign Service (IFS)
Indian Postal Service
Indian Audit and Accounts Service
Indian Information Service
Indian Revenue Service (Income Tax)
Indian Revenue Service (Customs and Indirect Taxes)
Indian Trade Service
Indian Economic Service
Indian Statistical Service
Indian Legal Service
Indian Corporate Law Service
Central Labour Service

Group B, C and D Services

Most Group A services also have corresponding Group B services.
Group C services mainly consist of clerical staff.
Group D services mainly consist of manual workers and supporting staff.

Gazetted and Non-Gazetted Officers

Group A and Group B officers are generally classified as gazetted officers.
Group C and Group D employees are classified as non-gazetted employees.

Indian Foreign Service (IFS)

The Indian Foreign Service is considered the most prestigious Central Service in terms of status, salary and benefits.
Even though it is a Central Service, it is often compared with All-India Services because of its high status.
It is ranked just below the IAS and its pay scale is higher than the IPS.
The Indian Foreign Service is managed by the Ministry of External Affairs.
Officers of this service work in Indian embassies and missions abroad.

State Services

Officers of State Services work completely under the control of the State Government.
They perform general, technical and functional duties in various departments of the state government.
Officers of State Services occupy lower positions in the state administrative hierarchy compared to IAS, IPS and IFoS officers.

Common State Services

The services commonly found in all states are:

Civil Service
Police Service
Forest Service
Agricultural Service
Medical Service
Veterinary Service
Fisheries Service
Judicial Service
Public Health Service
Educational Service
Co-operative Service
Registration Service
Sales Tax Service
Jail Service
Engineering Service

Naming of State Services

State services are named by adding the name of the state as a prefix.
Example:
- Karnataka Administrative Service
- Tamil Nadu Police Service

Most Prestigious State Service

Among all state services, the Civil Service or Administrative Service is considered the most prestigious.

Classification of State Services

Like Central Services, State Services are also divided into four categories:

Class I / Group A
Class II / Group B
Class III / Group C
Class IV / Group D

Gazetted and Non-Gazetted Classes in States

Usually, Class I and Class II officers are gazetted officers.
Class III and Class IV employees are non-gazetted employees.
The names of gazetted officers are published in the Government Gazette during appointment, transfer, promotion and retirement.
The names of non-gazetted employees are not published in the Gazette.
Gazetted officers enjoy certain official privileges that are not available to non-gazetted employees.
Gazetted personnel are called “officers” while non-gazetted personnel are called “employees”.

Promotion from State Services to All-India Services

According to the All-India Services Act, 1951, some senior posts in IAS, IPS and IFoS are filled through promotion from State Services.
The number of such promoted officers cannot exceed 33⅓% of senior posts in these services.
Promotions are made on the recommendation of a Selection Committee in each state.
The Selection Committee is headed by the Chairman or a member of UPSC.

Constitutional Provisions Related to Public Services

Articles 308 to 314 in Part XIV of the Constitution contain provisions related to All-India Services, Central Services and State Services.

1. Recruitment and Service Conditions (Article 309)

Article 309 gives power to Parliament and State Legislatures to make laws regarding recruitment and service conditions of public servants under the Centre and states.
Parliament makes laws for Central Services, while State Legislatures make laws for State Services.
Until such laws are made, the President or the Governor can make rules regarding recruitment and service conditions.

Meaning of Recruitment

Recruitment includes all methods through which a person enters public service.
It includes:
- Appointment
- Selection
- Deputation
- Promotion
- Appointment by transfer

Meaning of Service Conditions

Service conditions of public servants include:

Salary and allowances
Periodical increments
Leave
Promotion
Tenure of service
Termination of service
Transfer and deputation
Rights and privileges
Disciplinary action
Holidays and working hours
Retirement benefits like pension, provident fund and gratuity

Restrictions on Fundamental Rights of Public Servants

Parliament or State Legislature can impose reasonable restrictions on Fundamental Rights of public servants.
These restrictions are imposed to maintain:
- Integrity
- Honesty
- Efficiency
- Discipline
- Impartiality
- Secrecy
- Neutrality
- Devotion to duty
Such restrictions are mentioned in conduct rules like:
- Central Services Conduct Rules
- Railway Services Conduct Rules

2. Tenure of Office – Doctrine of Pleasure (Article 310)

Article 310 states that civil servants hold office during the pleasure of the President or Governor.
Members of defence services, Central civil services and All-India Services hold office during the pleasure of the President.
Members of State civil services hold office during the pleasure of the Governor.

Meaning of Doctrine of Pleasure

“Doctrine of Pleasure” means the President or Governor can remove a civil servant from office.
This principle was borrowed from the British Constitution.

Exception to Doctrine of Pleasure

Compensation may be given to a person with special qualifications in certain situations.
Compensation can be provided:
- If the post is abolished before the contract period ends
- If the person is removed for reasons not related to misconduct
Such contracts can be made only with new entrants and not with existing civil servants.

3. Safeguards to Civil Servants (Article 311)

Article 311 provides safeguards to civil servants against arbitrary dismissal or removal.
These safeguards act as restrictions on the Doctrine of Pleasure.

Two Important Safeguards

First Safeguard

A civil servant cannot be dismissed or removed by an authority lower than the authority that appointed him/her.

Second Safeguard

A civil servant cannot be dismissed, removed or reduced in rank without an inquiry.
During the inquiry:
- Charges must be informed clearly
- Reasonable opportunity of being heard must be given

Who Gets These Safeguards?

These safeguards are available only to:
- Members of Central civil services
- Members of State civil services
- Members of All-India Services
- Persons holding civil posts under Centre or State
These safeguards are not available to:
- Defence personnel
- Persons holding military posts

Cases Where Inquiry is Not Necessary

The second safeguard of inquiry is not required in the following situations:

1. Criminal Conviction

If a civil servant is convicted in a criminal case, inquiry is not necessary before dismissal or removal.

2. Inquiry Not Practicable

If the authority believes that conducting inquiry is not reasonably practicable, inquiry can be avoided.
The reasons must be recorded in writing.

3. Security of the State

If the President or Governor believes that inquiry is against the security interests of the state, inquiry may be skipped.

Change Made by 42nd Constitutional Amendment Act, 1976

Earlier, a civil servant got two opportunities:
1. During inquiry
2. Before punishment was imposed
The 42nd Amendment Act removed the second opportunity.
Now, punishment can be imposed directly after inquiry without giving another chance to respond against the punishment.

Meaning of “Reasonable Opportunity of Being Heard”

According to the Supreme Court, reasonable opportunity includes:

Opportunity to know the charges and allegations clearly.
Opportunity to defend oneself by cross-examining witnesses and presenting evidence.
Opportunity to receive and respond to the inquiry officer’s report before final decision is taken.

4. All-India Services (Article 312)

Article 312 allows Parliament to create new All-India Services, including an All-India Judicial Service.
However, Rajya Sabha must first pass a resolution stating that such a service is necessary in national interest.
The resolution must be passed by two-thirds of members present and voting.
This special role is given to Rajya Sabha to protect state interests in the federal system.

Parliament’s Powers Regarding All-India Services

Parliament can regulate recruitment and service conditions of All-India Service officers.
For this purpose, Parliament enacted the All-India Services Act, 1951.

IAS and IPS under Constitution

IAS and IPS existing at the commencement of the Constitution are treated as services created by Parliament under Article 312.

All-India Judicial Service

The proposed All-India Judicial Service cannot include posts below the rank of District Judge.
A law creating All-India Judicial Service is not treated as a Constitutional Amendment under Article 368.
Though the 42nd Amendment Act provided for such a service, no law has been passed yet to create it.

5. Other Provisions

Article 312A

Article 312A was added by the 28th Constitutional Amendment Act, 1972.
It gives Parliament power to change or cancel service conditions of persons appointed to civil services of the British Crown before 1950.

Article 313

Article 313 states that laws related to public services existing before 1950 will continue until changed by a competent authority.

Article 314

Article 314 earlier gave protection to certain existing officers of services.
It was later repealed by the 28th Constitutional Amendment Act, 1972.

Public Services in India | Article 312 | UPSC Polity Notes