Article 312 (All India Services)

Background and evolution

The idea of services common to the whole country goes back to the Indian Civil Service of British India, often called the "steel frame". At independence many leaders wanted to abolish it as a colonial institution. Sardar Vallabhbhai Patel argued strongly for keeping an all-India service, saying that without it the Union would not hold together. The Constituent Assembly agreed and wrote Article 312.

Article 312 treats the IAS and IPS, which already existed at the start, as services created by Parliament. The All India Services Act 1951 provides the legal framework for their recruitment and conditions. In 1963 Parliament passed resolutions and laws for new services, and the Indian Forest Service was created in 1966. Other proposed services, such as an Indian Service of Engineers and an Indian Medical and Health Service, were never set up.

Key features and provisions

• Creation: the Rajya Sabha must declare by a resolution supported by two-thirds of members present and voting that creating a service is necessary in the national interest; Parliament then creates it by law.
• Recruitment: officers are recruited by the Union through the UPSC and allotted to state cadres.
• Dual control: they serve both the Union and the states; states control their day-to-day work, but the Union has the final say on major disciplinary matters.
• Protection: Article 311 protects them from dismissal without inquiry.
• Judicial service: after the 42nd Amendment, Article 312 also allows an All India Judicial Service, though it has not been created.
• Rules: cadre rules, such as rules on deputation to the Centre, are framed under the All India Services Act.