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PART XIV SERVICES UNDER THE UNION AND THE STATES · CHAPTER I.— SERVICES

Article 312: All-India services

The Constitution of India

(1) Notwithstanding anything in 1[Chapter VI of Part VI or Part XI], if the Council of States 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 2[(including an all-India judicial service)] common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.

(2) The services known at 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.

2[(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.

(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.]

Footnotes in the official text

  1. 1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for "Part XI" (w.e.f. 3-1- 1977).
  2. 2.Ins. by s. 45, ibid. (w.e.f. 3-1-1977).

Questions on this article

3 questions in 7 of our papers cite Article 312. Try these from the free papers:

  1. 1. Consider the following statements about an all-India judicial service under Article 312: 1. Parliament may create it only after the Council of States declares by resolution, supported by not less than two-thirds of members present and voting, that it is necessary in the national interest. 2. It shall not include any post inferior to that of a district judge. 3. The law creating it is deemed to be an amendment of the Constitution for the purposes of Article 368. Which of the statements given above is/are correct?

  2. 2. Consider the following statements regarding Article 312: 1. An all-India judicial service created under it may include posts inferior to that of district judge. 2. Parliament may create a new all-India service only if the Council of States 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. 3. The Indian Administrative Service and the Indian Police Service are deemed to be services created by Parliament under Article 312. Which of the statements given above is/are correct?

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