Q. Consider the following statements:
- A new all India service can be created only if Rajya Sabha passes a resolution for that by special majority
- Any alternation in the conditions of service of All India Services can be done only when Rajya Sabha passes a resolution for that by simple majority
Which among the above statements is / are correct?
Answer:
Only 1
Notes: Article 312 says that if the Rajya Sabha has declared by resolution supported by not less than two-thirds of the members present and voting (Special Majority) 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. Please note that this also includes an All India Judicial Service. Article 312 also makes it clear that the services known at the commencement of Indian Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article. Article 312 A makes it clear that the Parliament by law can change/ revoke the conditions of the services with respect to the remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed to serve under the Government of India or of a State in any service or post. Article 312 also makes it clear that dispute on such a decision shall not be questioned in any court.