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All India Services (AIS) & Relevant Provisions
AIS Act, 1951 :Central Government makes rules regarding service conditions after consulting states .Disciplinary Action on AIS :Only the Central Government can take disciplinary action.
Key Constitutional Provisions Article 309 – Recruitment & Service Conditions
Parliament and State Legislature have the power to regulate recruitment and service conditions of their respective posts.Can impose ‘reasonable restrictions’ on Fundamental Rights (FRs) of public servants.
Article 310 – Doctrine of Pleasure
“Pleasure of the President” → Applies to:All India Services (AIS) Central Services Defence Services “Pleasure of the Governor” → Applies to:Civil Posts under the State Government
Article 311 – Restrictions on the ‘Doctrine of Pleasure’
Cannot be dismissed by an authority subordinate to the appointing authority.Cannot be dismissed without an inquiry and reasonable opportunity to present a defense .
Exception to Clause (2) :
Conviction on a criminal charge .Authority empowered to dismiss civil servant is satisfied that holding an inquiry is not reasonably practicable .President or Governor satisfied that dismissal is in the “interest of the security of the state” .
Note : These safeguards apply only to civil servants , not to defense personnel .
Article 312 – Creation of New All India Services
Rajya Sabha Resolution (by a 2/3rd majority of members present & voting ) can create a new AIS .Parliament regulates service conditions of AIS.All India Judicial Services (AIJS) :
Law creating AIJS will not be considered a Constitutional Amendment under Article 368 (added by the 42nd CAA ).
Additional Notes
Personal immunity for civil servants exists only in official contracts .If a contract violates constitutional conditions , the civil servant is personally liable .
