Introduction to Civil Service
Service Law
Module I
NLUO January 2025
History – All India Service
ADMINISTRATIVE SERVICE
• Civil Servants were selected by Directors of EIC – trained at Haileybury
College of London – returned to serve in India
• Merit based entry through competitive exams was introduced in 1854-55 –
but the exam was held in London with predominantly European classics
having a predominant share in the syllabus.
• System was designed to ensure very few Indians would join the Indian Civil
Services
• 1922 – exams were conducted in India under the supervision of Federal
Public Service Commission
History – All India Service
POLICE SERVICE FOREST SERVICE
• Superior Police Officers were • Imperial Forest Service Constituted in
appointed by SoS and was 1864.
thrown open for Indians only • Direct recruitment in India and
after 1920 promotions from provincial services
• More Indians were included in started in 1920.
the service after 1939 after non
availability of suitable European
Candidates
After Independence these services have been incorporated in
the All India Services Act 1964
INDIAN ACT 1919
Central Civil Services
All India Services (Telegraph, Railway,
Postal etc) + Central
Secretariat
History - Central Civil Services
Imperial (appointed by SoS)
Provincial (appointed by Provincial Government)
Subordinate
Government of Government of Articles 315-323
India Act 1919 India Act 1935 Indian Constitution
• Public Service • Federal and • Union Public
Commission Provincial PSCs Service
Commission
• State Public
Service
Commissions
Role of Civil Service in India
• Interfusion of moral, social personal characteristics within the Indian
communities
• Ensure post-colonial services change to ensure separation of the policy-making
(i.e. the political) branch from the administrative branch (apolitical enforcement);
secondly, in the relationship of the civil service with the people (word as servant
not ruler); and third, in the relationship within the service itself (questions of
hierarchy, dominance)
• Managerial role to manage resources for population, economy, industry, research
ADMINISTRATIVE CULTURE in CIVIL SERVANTS
• Services blamed to have a typical administrative culture and less
committed to the people
• administrative structure and pattern of British Legacy
• ECOLOGICAL APPROACH - PRISMATIC MODEL – Fred W. Riggs
• Overlapping cultural systems
• Industrial imperialism aggravated these conflicts
• Change is seen through – globalisation, internet, fall of empire – disseminate secular
and democratic principles of governance
• International Norms are preferred over local cultural traditions
• Contradictory culture to preserve indigenous norms (resistance movements)
• International norms violated to preserve local traditions
• Eg. New rules seek equitable treatment of all citizens, whereas
traditional norms give rise to family and community
• Difference in social groups
• Dynamics of Cultural and structural elements
INSTITUTIONAL APPROACH
• Administrative Culture changes with institutional settings
• Paradigms of New Public Management, Downsizing of Bureaucracy &
Outsourcing
• Management Experts and Organisational Theorists – culture conducive goals
• Complex Organisations tend to create distinctive organizational cultures and
the impact of these cultures have upon their activities and outputs
• Neo-institutional structure - creating a distinct pattern of constraints and
incentives for state and societal actors, which define and structure actor's
interest and channel their behaviour, the interaction of these actors generates
a particular administrative organization and process or culture
• Factors affecting behaviour – formal and informal institutional rules, norms,
traditions and values
• ATTITUDINAL APPROACH – closed, hierarchical, oblivious to public needs,
follow only command.
• Overemphasis on inspection, appraisal and supervision – authoritarian
regime
• India – spirit of authoritarianism cannot co-exist with freedom.
• ICS and similar services must disappear???
"the services were fossilized in their mental outlook. They were wedded to
bygone and obsolete methods and refused to move with the times”
“Civil Servants of Independent India were highly influenced by British Raj,
except they found themselves midst of a completely new social, economic and
political ideology”
CULTURE OF THE INDIAN CIVIL SERVICES
• “Nehru let the inherited system of administration continue
unscathed”
• Why?
• the constitutional mode of transfer of power to Indians,
• Nehru's liberal attitude
• his silent acceptance of the role of bureaucrats, which was changed in favour
of independent Indian rule (Coordination with Policymakers)
• Elements of command and fear must be given up
• Emotionally opposed to public sentiments, jeopardizing individual
liberties, desk job
• Accepted because it was time tested, competent, had expertise,
manage the political turbulence, experienced could be used in
transition
• Leadership placed lofty ideals – great responsibilities, duties, ethical
remoulding
• With time participatory structures were introduced – like panchayats
• Balance between change and continuity of civil services
• CS had to reshape the attitude toward the public
• Machinery of colonial repression were to become servants of people
• Evaluation of culture indicates visible British Past.
• The socialistic vision was also lost with neo-liberal policies and
globalization
• Administrative culture of centralised burearucracy became obstacle
to reform
• Duties had expanded in the Post Colonial system
• After independence, public sector expanded exponentially
• Command & Fear of Colonial Rule
• Morale and Ethics seek improvement
Jawaharlal Nehru
• I am quite sure that no new order can be built up in India so
long as the spirit of ICS pervades our administration and our
public service. The spirit of authoritarianism is the ally of
imperialism and it cannot coexist with freedom.… Therefore, it
seems to me quite essential that the ICS and similar services
must disappear completely, as such before we can start real
work on new order. Individual members of these services, if they
are willing and competent for the new job, will be welcome, but
only on new conditions.
Nehru Question the Existing System
• Civil Service Neutrality – was a fiction – we need a thinking man - no
thinking man is ever neutral
• Superior service v. inferior service; officials and non official; use a
common term of servicemen
• Avoid ‘bureaucratisation’ of administration’ – procedural
delays, red tape etc.
• JLN wrote a letter to all the heads of the government on 5th
May 1948 regarding the administrative vacuum
Nehru’s suggestions for improvements
• People’s active assistance and • High Moral Fibre
cooperation • Bureaucracy and socialism
• Educating masses, panchas and • Man-in-the-street approach
sarpanchas
• The basic thing - instill a sense of
• Delivery of welfare services belongingness for administration
• End Red Tapism, Corruption among the masses
• Create a vigilant administration • Decentralised democracy, not
democratic decentralisation
Civil Servants – Status Relationship
• Austin – Lecture of Jurisprudence
• Significant degree of social or public interest in the existence of the
condition
• Condition must be legally relevant in a substantial and general manner
(no summary dismissal, cannot accept gifts, enjoys disclose secrets,
limited conditions to make government contracts, limited civil liberties)
• Condition must be such that it can be conferred or withdrawn only by
means of some state intervention
Conditions are attached not to him as a person but for being part of the
service
Equal Pay for Equal Work
• Two Posts with Similar Work of Equal Value
• Intelligible Differentia is allowed
• May differ with the nature of service contract
• Pay commission may recommend and State may implement different pay scales
after defining different posts & pay scales
• Difference in Pay Scale avoids stagnation, frustration due to lack of promotion,
or to create more promotional avenues – differentiation is allowed
• Classification of posts and pay structure falls in executive domain
• Judicial review is limited – only if gross case of arbitrariness or unfairness is
established by the aggrieved party
• Protected through Article 14 – state strives for it but it is not a fundamental right
Equal Pay for Equal Work
• Randhir Singh v. Union of India 1982
• Driver Constable appointed to Delhi Police, Government of Delhi
• Pay Scale - Rs 210-270 for unregistered drivers
• Rs 225-308 for registered drivers
• Railway Protection Corps is 260-400
• non-secretarial offices in Delhi lower rupee
• secretarial offices it is a higher rupee
• fire and beacon truck drivers - Rs 330 to Rs 480
• Representation before the 3rd pay commission had failed, hence the petition was filed
• Delhi Constable drivers were to be counted under police personnel for pay fixation
• Delhi Constable also undergo proficiency test, also handle heavy vehicles
• Position is no difference
• Pay to be effective from 1st January 1973
FEDERATION OF ALL INDIA CUSTOMS & CENTRAL
EXCISE STENOGRAPHERS v UOI 1988
• Stenographers working in Customs and Central Excise Department, Ministry
of Finance sought pay parity with Stenographers working in Central
Secretariat
• It was emphasised that the difference in the functional requirements of the
work done was a point. In devising any scales of various posts/categories
inter alia the degree of skill, experience involved, training required,
responsibility taken, strain, fatigue, risk and confidentiality undertaken,
mental and physical requirements were the factors to be borne in mind.
• Cannot merely judge on volume of work but qualitative indicators have to
be taken into account
UNION OF INDIA v. INDIAN NAVY CIVILIAN DESIGN OFFICERS ASSN. & ANR (2023)
Kinds of Employment
• Regular/Permanent
• Probationer
• Contractual
• Quasi-Permanent
• Casual
• Adhoc
• Deputation/Short Term Contract
Public Service Commissions
[Link] examinations for appointment to the services of the Union.
[Link] recruitment by selection through interviews.
[Link] of officers on promotion / deputation / absorption.
[Link] and amendment of Recruitment Rules for various services and posts
under the Government (recommendatory)
[Link] cases relating to different Civil Services.
[Link] the Government on any matter referred to the Commission by the
President of India.
[Link] matters relating to grant of extra-ordinary pensions,
reimbursement of legal expenses etc.
8. Advising the Government on any matter referred to the Commission by the
President of India.
[Link] the request of the Governor of a State, to serve all or any of the needs of a
State relating to recruitment, with the approval of the President
Internal/Additional Functions
• Creation of budget
• Replying to RTI
• Identifying the number of posts
• Maintenance of Annual Appraisal Reports
• Correspondence with State Commissions
• Legal Matters
• Annual Reporting
• MoU with Foreign Countries
Constitutional Provisions
• Article-315. Public Service Commissions for the Union and for the States.
• Article-316. Appointment and term of office of members.
• Article-317. Removal and suspension of a member of a Public Service
Commission.
• Article-318. Power to make regulations as to conditions of service of members
and staff of the Commission.
• Article-319. Prohibition as to the holding of offices by members of Commission
on ceasing to be such members.
• Article-320. Functions of Public Service Commissions.
• Article-321. Power to extend functions of Public Service Commissions.
• Article-322. Expenses of Public Service Commissions.
• Article-323. Reports of Public Service Commissions.