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What is Article 312 of indian constitution

 

🧾 Article 312 of the Indian Constitution

Title: All-India services


📘 Purpose of Article 312:

This article empowers the Parliament to create All-India Services (AIS) common to both the Union and the States, in the national interest.

These services ensure a uniform administrative framework across the country, promoting national integration, administrative efficiency, and unity in governance.


🔍 Key Features of Article 312:

Clause Provision
312(1) Parliament may by law create one or more All-India Services (like IAS, IPS, IFS) if the Rajya Sabha passes a resolution by 2/3 majority present and voting, declaring it necessary in the national interest.
312(2) The conditions of service of persons appointed to these services are regulated by Parliament.
312(3) A law under this article shall not be deemed to be an amendment of the Constitution (thus, no constitutional amendment is required).

All-India Services Created So Far:

AIS Abbreviation Full Form Year of Formation
IAS Indian Administrative Service 1946 (pre-constitution, continued under Article 312)
IPS Indian Police Service 1948 (continued post-constitution)
IFS Indian Forest Service 1966

🟡 More services can be created under this article if Rajya Sabha agrees.


📊 Summary Chart: Article 312

Feature Details
Who Can Propose? Rajya Sabha (2/3 majority)
Who Makes Law? Parliament
Purpose Creation of All-India Services in national interest
Current AIS IAS, IPS, IFS
Applies To Both Union & States
Service Conditions Framed and regulated by Parliament
Amendment Required? ❌ No constitutional amendment needed

🧠 Why Article 312 Matters:

  • Builds a strong administrative backbone for both Centre and States.

  • Ensures cooperative federalism and uniformity in public administration.

  • Maintains merit-based, centralized recruitment (through UPSC).


Here is a complete 📊 Comparison Chart of Articles 309 to 312 of the Indian Constitution — essential for understanding the constitutional framework governing civil services in India:


🧾 Articles 309 to 312 – Public Services under Union & States

Article Title Main Focus Authority Involved Key Notes
309 Recruitment and Conditions of Service Empowers Parliament/State Legislatures to make laws for recruitment, service conditions Parliament / State Legislature President / Governor Rules can be made until laws are enacted; e.g., CCS Rules, IAS Rules
310 Tenure of Office (“Pleasure Doctrine”) Civil servants hold office at the pleasure of President/Governor President (Union) / Governor (State) Not absolute — limited by Article 311
311 Dismissal, Removal or Demotion Protections Provides safeguards against arbitrary removal from civil service Disciplinary authority (appointed ≥) Employee must be given notice + inquiry unless exceptions apply (e.g., conviction, state security)
312 Creation of All-India Services (AIS) Allows Parliament to create AIS if Rajya Sabha approves by 2/3 majority Rajya Sabha + Parliament AIS includes IAS, IPS, IFS; more can be created in national interest

🔍 Flow Snapshot: Civil Services Structure in Constitution

Article 309 → Makes service rules
        ↓
Article 310 → Service is at pleasure of govt.
        ↓
Article 311 → Provides protection against unfair dismissal
        ↓
Article 312 → Creates All-India Services for national unity

🧠 Example-Based Summary

Scenario Relevant Article
Creating recruitment rules for IAS Article 309
Central govt dismisses IPS officer without fair inquiry Violates Article 311
Army officer removed without notice (no protection) Article 310
Parliament creates a new All-India Service for Cyber Security with RS nod Article 312