CHAPTER 11 CIVIL SERVICES The following topics are discussed jn this Chapter: ‘A. Civil services in India : Role, tun * features and characteristics p. Public Service Commissions in India. A. CIVIL SERVICES IN INDIA : ROLE, FUNCTION, IMPORTANCE, CLASSIFICATION, FEATURES, AND CHARACTERISTICS fole, function and importance of civil services The executive branch of the government consists of two parts: the Winisters and the civil servants. The latter carry out the orders of the risers and also advise them in formulation of the policy. According to Gladden, civil service is the name given to an important government insitution comprising the staff of the central administration of the state. It is thus that branch of the governmental machinery which is concerned not wih law-making but with law-enforcing functions. Civil services, or public sevices as they are often referred to, constitute the permanent backbone of the administration of a country. A well-knit and well-organised public bureaucratic structure is ‘dispensable to an elected democratic government. It provides stability and continuity to the government. Civil services involve a blend of certain ‘atures like expertise, vitality and leadership — and this blend enables such grvices to function in an independent and efficient manner. Civil services 'Ns incorporate that spirit that is essential for the success of a modern Gemocracy. It covers those public officials who devote their lives to the Senice of the nation. legl08t written constitutions do not cover this aspect of administration, viegn’s!M® Same to ordinary legislation and administrative regulations. The re om of the founding fathers of the Indian Constitution, however, ing them to make provisions for such services in the Constitution senjgttich, incidentally, is a significant reflection of the importance of these in India. \ction, importance, classitication, ic ttetesting feature of the parliamentary system of government is ist the policy of the government is laid down by Ministers (who Ponsible to the legislature), the implementation of such policy and ‘he gr! @dministration of the country is left to a large body of officials, % disting "2S, who are sometimes referred to as permanent executives, "Quished from Ministers who are termed the political executives of 153 hat er be aa > Discuss the role of civil services in India. M. U. Nov. 2007 Write a short note on: Civil Services in India. M.U. Jan. 2019 Write a short note on: Func- tions of _ civil service. M. U. Apr. 2009 Nov. 2012 Define the term ‘Civil Service’. Discuss the func- tions, powers and duties of Union Public Service Commission. M.U. Nov. 2015 Scanned with CamScannerDefine the term ‘civil service’ and discuss the na- ture and classifi cation of civil ser- vices in India. MU. Apr. 2013 Apr. 2018 N ADMINISTRATIVE LAW 154 ; litical executives step down when their the eountry. Whilst the port executives (who do not necessary pty lose, an election, the Perrin the continuity of the administration yay aes the ruling pay which accounts for their efficiency, in, we of political aac do not have expert knowledge either of the techn ily Ministers. generally 00 te details of administrative departments, ype sel iu i unt . fing to the day-to-day working of the tos a ‘ise in matters relating ‘ d g mn pipettes are thus indispensible to the working of a succes parliamentary form of government. i ‘ame the rules and regulations in accordance wi es ‘he gill. They also exercise quastjuicial poy decide cases involving rights and obligations of private citizens, Additionay they also undertake routine functions like licensing, inspection, colectgn taxes and monitoring and evaluating the programmes of the governmen, The biggest drawback of this system of administering @ country wih the help of a massive body of permanent civil servants is that such officers of the government tend to work in a routine manner and to tie all files on the table with the traditional red tape. This can make them unresponsive ~ and even resistant — to newer and better ideas that may be conceived by the political executives, that is, the Ministers. Art. 312 of the Constitution of India empowers Parliament to provide for the creation of one or more all-India services, common to the Urion and the States and to regulate the recruitment and conditions of service of persons appointed to such services. It further provides that the Indian Administrative Service (IAS) and the Indian Police Service (IPS) shail be deemed to have been created by Parliament under Art. 312. Later, the Indian Forest Service was also included as the third all-India Service. Classification of civil services After independence, civil services in India have been classified in three categories, namely, - ~ All India Services; ~ Central Services; and ~ State Services, " . 4 colts At jncla Services are common to the Genter and the sett for administration of "al ue contd etree te Ae st “s States. It will be Notic 'n a way, the constitut union subjects, Indian civil servi ices ji i to be found in other nave feature of the federal system i! any other federal set-up. : Scanned with CamScannerCIVIL SERVICES central Services are, in turn, cla 155, d under the following four eS! 5 a | Services — for exai i oss imple, Indian Foreign Service: class |! Services — for example, Telegraph Engineering Servi class Ill Service ~ for example, Posts and Telegraph berioe: and ice — whi an ass Iv Service — which covers categories |ik ers, peons, efc. ike. sweepers, garden ification system followed i ia i tre class in India in respect of ci i sn organi Peh te pone tf ys been crite : ical categore® wert in ie classification (namely, Class |, Class Il, to be used only for the sake of conveni e 1 e ience, because i rms, there is a constant overlapping of pay criteria in sorvioes en two different classes. Secondly, it is said that the designed, nor was it intended, either for orderly grouping es of as a tool for managing the civil servants. Thirdly, the geerent provisions of pay and other benefits of service necessitate the rantaining of @ huge staff to calculate those benefits. There is thus ample ication for a revision of the system under a plan of classification which ‘bah logical and practical. The issue of evolving a ral see ah wd posts betwet m was never rie services: OF tional classification system of civil services tes teen examined by the Administrative Reforms Commission as well as tyite Third and Fourth Pay ‘Commissions, which have found merit in the nve criticism of the present system. It has been observed that no serious iwonvenience would be caused to the administration in India if the present tasfvalion is abolished and another suitable one used in its place. features and characteristics of civil service in India The three basic features or characteristics of civil service in, India-are ecled in Arts, 310 and 311 of the Constitution of India, as under: 1. The doctrine of pleasure (Art. 310) 2 No dismissal or removal by @ subordinate authority (Art. 311) 2. No dismissal or removal or reduction i rank without following the Prescribed procedure (Art. 311). 1 The doctrine of pleasure (Art. 310) _ hire & 7 doctrine of pleasure is a legacy of Ihe on ope Grown in " i les : of the Crown holds office during an fre constitution which lays la, this doctrine i cares loctrine is embodied in Art. II, express t ir ‘dia. First of all, XP! he tenure of office of civil servants. © India. fixe Judges of the Os jigni 0008 have for higher dignitar' fs wg’ Court igh courts, ino can be removed ont i owed nmin the Constitution. As regards Ole’ civil $oremyice of the Union Sey person who is a member of the defence servic MQ No. 72 Define the term ‘civil service’ and examine its char- acteristics. M. U. Apr. 2007 ‘MCQ No. 73 Write a_ short note on: Doctrine of pleasure. M. U. Nov. 2008 Apr. 2013, May 2019 Scanned with CamScanner