Article 312 of the Costitution of India with Case law
Article 312 of the Constitution of India
– All-India Services
📜 Text of Article 312:
(1) Notwithstanding anything in Chapter VI of Part VI, if the Council of States (Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more All India Services (AIS) common to the Union and the States, including an All-India Judicial Service.
(2) The services known on the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.
(3) The all-India service law shall not affect the power of a State to regulate recruitment and conditions of service for State services.
(4) Parliament may by law regulate the conditions of service, including conduct, discipline, etc., for those appointed to All-India Services.
🧾 Essence of Article 312:
| Feature | Details |
|---|---|
| Authority to create AIS | Parliament, after Rajya Sabha's special resolution |
| Requirement | 2/3rd majority of members present and voting in Rajya Sabha |
| Purpose | In the national interest |
| Existing AIS | IAS (Indian Administrative Service), IPS (Indian Police Service) |
| Proposed AIS | Indian Judicial Service (IJS), Indian Health Service (IHS), etc. |
🏛️ Purpose of Article 312:
To ensure uniformity of standards and national integration in administration.
To provide expertise at both Central and State levels.
To facilitate inter-state coordination and uphold national policies.
⚖️ Important Case Laws Related to Article 312:
🧑⚖️ 1. Union of India v. S.L. Dutta (1991)
Citation: AIR 1991 SC 363
Issue: Challenge to recruitment process for All-India Services
Held: Parliament has wide discretion under Article 312 to regulate recruitment, conditions of service, and promotion of AIS officers. The procedure under Article 312 must be strictly followed.
🧑⚖️ 2. State of U.P. v. Rafiquddin (1987)
Citation: AIR 1987 SC 1659
Context: Regulation of promotion of officers from State Services to AIS
Held: State rules cannot override central AIS rules made under Article 312.
🧑⚖️ 3. T.R. Kothandaraman v. Tamil Nadu Water Supply and Drainage Board (1994)
Citation: AIR 1994 SC 1582
Held: Differentiation between All-India Services and State Services is constitutionally valid, and rules made under Article 312 have primacy over State service rules.
⚙️ Process to Create a New All-India Service:
Rajya Sabha passes resolution (2/3rd majority of present & voting)
Resolution must state "national interest"
Parliament passes a law creating the new service
Rules & recruitment regulations are framed
🧪 Example: Proposal for All India Judicial Service (AIJS)
Objective: Standardized judicial recruitment across India
Status: Proposal pending; requires Rajya Sabha resolution + enabling law
Debate: States argue it may affect judicial independence and federalism
✅ Key Takeaways:
| Element | Detail |
|---|---|
| What it allows | Creation of All-India Services in national interest |
| Existing AIS | IAS, IPS, and IFS (Indian Forest Service - created in 1966) |
| New services possible | AIJS (Judicial), IHS (Health), etc. |
| Approval needed | Rajya Sabha + Parliament |
| Governing laws | AIS rules framed by the Centre under Article 312 |
🔄 Related Articles:
| Article | Subject |
|---|---|
| Article 310 | Doctrine of pleasure – service at the pleasure of the President/Governor |
| Article 311 | Protection in dismissal/removal of civil servants |
| Article 315-323 | Public Service Commissions (UPSC and State PSCs) |
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