This question asks about the authority responsible for establishing new All-India Services, which serve both the central government (Union) and the state governments.
Understanding All-India Services Creation
All-India Services are a crucial part of India's federal structure, ensuring uniformity in administration across the country. The creation of such services requires a specific constitutional procedure.
Constitutional Provision for All-India Services
Article 312 of the Constitution of India deals with the establishment of new All-India Services. It clearly outlines the process that must be followed:
- The power to create any new All-India Service(s) common to the Union and the States rests with the Parliament of India.
- This action can only be taken if the Rajya Sabha (the Council of States) mandates it by adopting a resolution.
- Crucially, this resolution must be supported by a majority of the total membership of the Rajya Sabha and not less than two-thirds of the members present and voting. This is known as a 'special majority'.
Evaluating the Options
Let's examine why the correct option is the most appropriate:
- Option 1: The President of India by issuing an executive order. The President acts on the aid and advice of the Council of Ministers. Creating new All-India Services is a legislative function, not an executive action that can be done solely through an order.
- Option 2: The Union Cabinet by a simple majority. While the Union Cabinet makes policy decisions, the creation of All-India Services requires a specific parliamentary procedure outlined in the Constitution, not just a cabinet decision. A simple majority in Parliament is also insufficient for this specific constitutional amendment process.
- Option 3: The Prime Minister with the consent of all Chief Ministers. While cooperation between the Union and States is important, the final constitutional authority rests with Parliament, not solely with the Prime Minister and Chief Ministers.
- Option 4: The Parliament, provided the Rajya Sabha passes a resolution by a special majority. This aligns perfectly with the provisions of Article 312 of the Indian Constitution. Parliament has the legislative power, and the specific requirement for the Rajya Sabha to pass a resolution with a special majority ensures broad consensus for creating these important services.
Conclusion
Therefore, the competent body to create new All-India Services common to the Union and the States is the Parliament, acting upon a special majority resolution passed by the Rajya Sabha.