02ND MARCH 2021

ARTICLE 309

The Indian Express CONT EXT

The SC has dismissed a petition filed against Centre’s jurisdiction on the deputation of IPS officers.

Constitutional Provisions: Article 309 empowers the Parliament and the state legislatures to regulate the recruitment and the conditions of service of the persons appointed to public services and posts under the Centre and States respectively.

About AIS:  The All Services comprises the three prestigious and they are the Indian Administrative Service (IAS); (IPS); and (IFS).  The common exceptional feature of the is that the candidates selected for these civil services are recruited by the Center (Union Government in federal polity), however, their services are allotted under various State Cadres and they have the accountability to serve both under the State and the Centre.  These officers can’t be removed by State Governments, which can only suspend them. The final decision to remove the officer lies with Central Government.  The recruitment to these services is made through the Union Commission on the basis of the annual Civil Services Examination. Power, Purpose, and Responsibilities:  The power, purpose, and responsibilities of these All-India Services are described in the All India Services Act, 1951 which authorizes the with the consultation of State Governments to make guidelines and procedures for the service conditions and the recruitment of the people appointed to All India Services.  The All-India Service (Conduct) Rules, 1968 governs the All-India Services which specifies the code of conduct for Civil Servant overall. Applicability of doctrine of Pleasure:

 Doctrine of pleasure is applicable to public services. Article 310 says that the services under Part XIV are under the pleasure of the President or Governor.  Though, these officers hold the office during the pleasure of the president and Governor, yet their dismissal is subject to a condition. This condition has been stipulated in article 310(2). Article 310(2) says that in case of dismissal of a person from these services, the president or the Governor may (in order to secure the services of a person having special qualifications) provide for the payment to compensation.