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1. After the expiration of ten years from the date on which the
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Act comes into force, there shall be constituted a Committee
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on Official Language, on a resolution to that effect being
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moved in either House of Parliament with the previous
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sanction of the President and passed by both Houses.
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2. The Committee shall consist of thirty members, of whom
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twenty shall be members of the House of the People and ten
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shall be members of the Council of States to be elected
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respectively by the members of the House of the People and
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the members of the Council of States in accordance with the
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system of proportional representation by means of the single
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transferable vote.
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3. It shall be the duty of the Committee to review the progress
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made in the use of Hindi for the official purposes of the
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Union and submit a report to the President making
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recommendations thereon and the President shall cause the
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report to be laid before each House of Parliament and sent it
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to all the State Governments.
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4. The President may, after consideration of the report, and the
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views, expressed by the State Governments thereon, issue
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directions in accordance with the whole or any part of the
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report.
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The Chairman of the Committee is elected by the members of
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the Committee. As a convention, the Union Home Minister has
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been elected as Chairman of the Committee from time to time.
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The Committee is required to submit its report alongwith its
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recommendations to the President after reviewing the position
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regarding the use of Hindi in Central Government Offices on the
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basis of its observations. Apart from adopting other methods for
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assessing the factual position, the Committee decided to inspect
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certain Central Government offices representing various fields of
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activities to motivate the Central Government offices to adopt
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maximum usage of Hindi so that the objectives of the Constitution
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and Official Languages Act provisions could be achieved. With
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this end in view, the Committee set up three sub-Committees and
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for the purpose of inspection by the three sub-Committees, the
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various Ministries/Departments etc. were divided into three
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different groups.
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Further, in order to assess the use of Official Language for
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various purposes and other matters connected therewith, it was
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also decided to invite eminent persons from various fields such as
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from education, judiciary, voluntary organizations and the
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Secretaries of the Ministries/Departments etc., for oral evidence.
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The progressive use of Hindi in the Central Government offices
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is being reviewed by the Committee in the background of the
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provisions relating to Official Language as provided by the
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Constitution; the Official Languages Act, 1963 and the Rules
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framed thereunder. The Committee also takes note of the
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circulars/ instructions etc. issued by the Government in this regard
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from time to time. The terms of reference of the Committee being
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comprehensive, it has also been examining other relevant aspects
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like the medium of instructions in schools, colleges and the
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universities; mode of recruitment to Central Government services
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and medium of departmental examination etc. Taking into
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consideration the magnitude of various aspects of the Official
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Language policy and keeping in view the present circumstances,
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the Committee in its meeting held in June, 1985 and August, 1986
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decided to present its report to the President in parts; each part
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relating to a particular aspect of the Official Language policy.
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The Secretariat of the Committee is headed by the Secretary of
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required assistance in performing the various activities of the
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Committee. For administrative purposes, this office is subordinate
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office of Department of Official Language, Ministry of Home
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CLASSICAL LANGUAGE STATUS
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In 2004, the Government of India decided to create new category
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of languages called as “classical languages”. In 2006, it laid down
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the criteria for conferring the classical language status.
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So far (2019), the six languages are granted the classical
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language status. This is shown below in Table 65.1.
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Benefits
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Once a language is declared classical, it gets financial assistance
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for setting up a centre of excellence for the study of that language
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and also opens up an avenue for two major awards for scholars of
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eminence. Besides, the University Grants Commission can be
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requested to create - to begin with at least in Central Universities -
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a certain number of professional chairs for classical languages for
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scholars of eminence in the language.10
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Table 65.1 Languages conferred with Classical Language Status
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Sl. No. Languages Year of Declaration
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1. Tamil 2004
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2. Sanskrit 2005
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3. Telugu 2008
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4. Kannada 2008
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5. Malayalam 2013
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6. Odia 2014
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Table 65.2 Articles Related to Official Language at a Glance
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Article No. Subject-matter
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Language of the Union
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343. Official language of the Union
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344. Commission and Committee of Parliament on
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Regional Languages
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345. Official language or languages of a state
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346. Official language for communication between one
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state and another or between a state and the
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Union
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347. Special provision relating to language spoken by a
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section of the population of a state
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Language of the Supreme Court, High Courts, etc.
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348. Language to be used in the Supreme Court and in
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the High Courts and for Acts, Bills, etc.
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349. Special procedure for enactment of certain laws
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relating to language
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Special Directives
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350. Language to be used in representation for redress
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of grievances
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350A. Facilities for instruction in mother-tongue at
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primary stage
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350B. Special Officer for linguistic minorities
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351. Directive for development of the Hindi language
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Criteria
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The criteria for declaring a language as classical mandates high
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antiquity of its early texts/recorded history over a period of 1,500–
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2,000 years, a body of ancient lit-erature/texts which is considered
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a valuable heritage by generations of speakers and a literary
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tradition that is original and not borrowed from another speech
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community. Also since the classical language and literature is
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distinct from the modern, there can also be a discontinuity
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between the classical language and its later forms or its
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offshoots.11
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NOTES AND REFERENCES
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1. The Commission was to consist of a chairman and
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other members representing the different languages
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specified in the Eighth Schedule of the Constitution.
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2. The Committee was to consist of 30 members (20 from
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Lok Sabha and 10 from Rajya Sabha), to be elected in
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accordance with the system of proportional
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representation by means of the single transferable vote.
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3. These include: (a) resolutions, general orders, rules,
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notifications, administrative or other reports or press
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communications issued by the Central government; (b)
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administrative and other reports and official papers laid
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before Parliament; and (c) contracts and agreements
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executed, licences, permits, notices, etc, issued by the
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Central government or by a corporation or a company
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owned by the Central government.
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4. For language in Parliament and a state legislature, see
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the respective Chapters (i.e., 22 and 33).
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5. This provision was added by the 7th Amendment Act of
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1956 on the recommendation of the States
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Reorganisation Commission.
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6. Ibid.
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7. In 1976, the Supreme Court declared Tamil Nadu’s
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pension scheme to anti-Hindi agitators as
|
unconstitutional.
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8. The 96th Amendment Act of 2011 substituted “Odia” for
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“Oriya”.
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9. This information is down loaded from the website of the
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Committee of Parliament on Official Language, Ministry
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of Home Affairs, Government of India.
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10. The Hindu, “Odia gets classical language status”,
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66 Public Services
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CLASSIFICATION OF SERVICES
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The public services (civil services or government services) in India
|
are classified into three categories–all-India services, Central
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services and state services. Their meaning and composition are
|
explained below:
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All-India Services
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All-India services are those services which are common to both
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Central and state governments. The members of these services
|
occupy top positions (or key posts) under both the Centre and the
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states and serve them by turns.
|
At present, there are three all-India services. They are:
|
1. Indian Administrative Service (IAS)
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2. Indian Police Service (IPS)
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3. Indian Forest Service (IFS)
|
In 1947, the Indian Civil Service (ICS) was replaced by IAS,
|
and the Indian Police (IP) was replaced by IPS and were
|
recognised by the Constitution as all-India services. In 1966, the
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Indian Forest Service was established as the third all-India
|
service1 .
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The All-India Services Act of 1951 authorised the Central
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government to make rules in consultation with the state
|
governments for the regulation of recruitment and service
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conditions of the members of all-India services. The members of
|
these services are recruited and trained by the Central
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government but are assigned to different states for work. They
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belong to different state cadres; the Centre having no cadre of its
|
own in this regard. They serve the Central government on
|
deputation and after completing their fixed tenure they go back to
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their respective states. The Central government obtains the
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services of these officers on deputation under the well-known
|
tenure system. It must be noted here that irrespective of their
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division among different states, each of these all-India services
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form a single service with common rights and status and uniform
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scales of pay throughout the country. Their salaries and pensions
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are met by the states.
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The all-India services are controlled jointly by the Central and
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state governments. The ultimate control lies with the Central
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government while the immediate control is vested in the state
|
governments. Any disciplinary action (imposition of penalties)
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against these officers can only be taken by the Central
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government.
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Sardar Vallabhbhai Patel was the chief protagonist of all-India
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services in the Constituent Assembly. Hence, he came to be
|
regarded as the ‘Father of all-India Services’.
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Central Services
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The personnel of Central services work under the exclusive
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jurisdiction of the Central government. They hold specialised
|
(functional and technical) positions in various departments of the
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Central government.
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Before Independence, the Central services were classified into
|
class-I, class-II, subordinate and inferior services. After
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Independence, the nomenclature of subordinate and inferior
|
services was replaced by class-III and class-IV services. Again in
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1974, the classification of Central services into class-I, class-II,
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class-III and class-IV was changed to group A, group B, group C
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and group D, respectively2 .
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At present, there are 62 group A Central services. Some of
|
them are:
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1. Central Engineering Service.
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2. Central Health Service.
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3. Central Information Service.
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4. Central Legal Service.
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5. Central Secretariat Service.
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6. Indian Audit and Accounts Service.
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7. Indian Defence Accounts Service.
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9. Indian Foreign Service.
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10. Indian Meteorological Service.
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11. Indian Postal Service.
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12. Indian Revenue Service (Customs, Excise and Income Tax)
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13. Indian Statistical Service.
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14. Overseas Communication Service.
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15. Railway Personnel Service.
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Most of the above cadres of group A Central services have also
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corresponding group B services. The group C Central services
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consists of clerical personnel while group D consists of manual
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personnel. Thus group A and group B comprises of gazetted
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officers while group C and group D are non-gazetted.
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Among all, the Indian Foreign Service (IFS) is the highest
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central service in terms of prestige, status, pay and emoluments.
|
In fact, it (though a central service) competes with the all-India
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services in position, status and pay scales. It comes next to the
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IAS in ranking and its pay scale is higher than the IPS.
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State Services
|
The personnel of state services work under the exclusive
|
jurisdiction of the state government. They hold different positions
|
(general, functional and technical) in the departments of the state
|
government. However, they occupy lower positions (in the
|
administrative hierarchy of the state) than those held by the
|
members of the all-India services (IAS, IPS and IFS).
|
The number of services in a state differ from state to state. The
|
services that are common to all the states are:
|
1. Civil Service.
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2. Police Service.
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3. Forest Service.
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4. Agricultural Service.
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5. Medical Service.
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6. Veterinary Service.
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7. Fisheries Service.
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8. Judicial Service.
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9. Public Health Service.
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10. Educational Service.
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12. Registration Service.
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13. Sales Tax Service.
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14. Jail Service.
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15. Service of Engineers.
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Each of these services is named after the state, that is, name of
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the state is added as a prefix. For example, in Andhra Pradesh
|
(AP), they are known as AP Civil Service, AP Police Service, AP
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Forest Service, AP Agricultural Service, AP Medical Service, AP
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Veterinary Service, AP Fisheries Service, AP Judicial Service, and
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so on. Among all the state services, the civil service (also known
|
as the administrative service) is the most prestigious.
|
Like the Central services, the state services are also classified
|
into four categories: class I (group I or group A), class II (group II
|
or group B), class III (group III or group C) and class IV (group IV
|
or group D).
|
Further, the state services are also classified into gazetted
|
class and non-gazetted class. Usually, Class I (Group-A) and
|
Class-II (Group-B) Services are gazetted classes while Class-III
|
(Group-C) and Class-IV (Group-D) services are non-gazetted
|
classes. The names of the members of gazetted class are
|
published in the Government Gazette for appointment, transfer,
|
promotion and retirement, while those of the non-gazetted are not
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published. Further, the members of the gazetted class enjoy some
|
privileges which are denied to the members of non-gazetted class.
|
Also, the members of the gazetted class are called ‘officers’ while
|
those of non-gazetted are called ‘employees’.
|
The All-India Services Act of 1951 specifies that senior posts
|
not exceeding thirty-three and one third per cent in the Indian
|
Administrative Service (IAS), Indian Police Service (IPS) and
|
Indian Forest Service (IFS) are required to be filled in by
|
promotion of officers employed in the state services. Such
|
promotions are made on the recommendation of selection
|
committee constituted for this purpose in each state. Such a
|
CONSTITUTIONAL PROVISIONS
|
Articles 308 to 314 in part XIV of the Constitution contain
|
provisions with regard to all-India services, Central services and
|
state services.
|
1. Recruitment and Service Conditions
|
Article 309 empowers the Parliament and the state legislatures to
|
regulate the recruitment and the conditions of service of the
|
persons appointed to public services and posts under the Centre
|
and the states, respectively. Until such laws are made, the
|
president or the governor can make rules to regulate these
|
matters.
|
Recruitment includes any method provided for inducting a
|
person in public service like appointment, selection, deputation,
|
promotion and appointment by transfer.
|
The conditions of service of a public servant includes pay,
|
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