Which one of the following statements about the All India Services is correct?
The All India Services may be created by an Act of the Parliament.
Understanding All India Services and Their Creation
All India Services are unique to India, with members recruited by the Union government but serving both the Union and State governments. Currently, there are three such services: the Indian Administrative Service (IAS), the Indian Police Service (IPS), and the Indian Forest Service (IFoS).
Let's examine each statement provided in the question about the All India Services to determine which one is correct.
- Statement 1: The All India Services may be created by an Act of the Parliament.
Article 312 of the Indian Constitution deals with the creation of All India Services. It states that if the Rajya Sabha passes a resolution by a two-thirds majority of members present and voting, declaring that it is necessary and expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament may by law provide for the creation of such service.
This means that while a Rajya Sabha resolution is the initial step and a prerequisite, the actual creation of the service is done by enacting a law (an Act) in Parliament. Therefore, the statement that All India Services may be created by an Act of the Parliament is consistent with the constitutional provision, as Parliament enacts the necessary legislation after the Rajya Sabha resolution.
- Statement 2: The endorsement of the Rajya Sabha is not essential for the creation of the All India Services.
This statement is incorrect. As explained above, Article 312 explicitly requires a resolution passed by the Rajya Sabha with a special majority (two-thirds of members present and voting) for Parliament to create a new All India Service. Thus, the endorsement (resolution) of the Rajya Sabha is absolutely essential.
- Statement 3: The rules of recruitment to the All India Services are determined by the UPSC.
This statement is incorrect. The Union Public Service Commission (UPSC) is responsible for conducting the recruitment examinations and selecting candidates for the All India Services. However, the rules and regulations governing the recruitment process, including eligibility criteria, syllabus, and the scheme of examination, are framed by the central government in consultation with the UPSC, not solely determined by the UPSC.
- Statement 4: The conditions of service to the All India Services may be altered by the UPSC.
This statement is incorrect. The conditions of service for members of the All India Services, such as salary, allowances, leave, and retirement benefits, are determined by rules framed by the central government (Department of Personnel and Training) under the authority provided by Acts of Parliament (like the All India Services Act, 1951). The UPSC has no role in altering the conditions of service for these personnel.
Based on the analysis of each statement and the relevant constitutional provisions, the only statement that correctly describes a part of the process for creating All India Services is that they may be created by an Act of the Parliament, following a Rajya Sabha resolution.
Revision Table: Key Facts about All India Services
| Aspect | Description |
|---|---|
| Constitutional Basis | Article 312 |
| Creation Process | Rajya Sabha resolution (\(\geq\) 2/3 present & voting) + Act of Parliament |
| Recruitment Authority | Central Government (rules) and UPSC (conducts exams, recommends candidates) |
| Conditions of Service | Determined by Central Government rules under Parliamentary law |
| Present Services | IAS, IPS, IFoS |
Additional Information on All India Services Creation
Article 312 is a significant provision that highlights the federal nature of the Indian polity, requiring the consent of the Council of States (Rajya Sabha), which represents the states, before creating services common to both the Union and the States. This ensures that states have a say in the creation of services whose members will serve in state administrations.
While the Rajya Sabha resolution is the initial trigger, the actual legal framework and specifics of the new service are established through a law passed by Parliament. Thus, the creation process is a joint effort involving both the states (through Rajya Sabha) and the Union legislature (Parliament).
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