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Constitutional Dimensions, ADR & Public Services (Part XIV, XIV-A, XVII)

📊 High-Yield Data & Statistical Fact Sheet
  • Public Services & Safeguards (Articles 308 to 314):
    • Article 312 (All India Services): Parliament can create a new All India Service (common to the Union and the States) only if the Rajya Sabha passes a resolution supported by not less than two-thirds (2/3rd) of the members present and voting. Current active services: IAS, IPS, and IFoS (Indian Forest Service, added in 1966).
    • Article 310 (Doctrine of Pleasure): Union civil servants serve during the pleasure of the President; State civil servants during the pleasure of the Governor.
    • Article 311 Constitutional Safeguards:
      1. A civil servant cannot be dismissed or removed by an authority subordinate to that which appointed them.
      2. No dismissal, removal, or reduction in rank can occur without a reasonable opportunity of being heard (inquiry).
  • Official Languages Framework (Articles 343 to 351):
    • Article 343: Hindi in Devanagari script is the official language of the Union. English continues under the Official Languages Act, 1963.
    • Article 344: Chaired Parliamentary Committee on Official Language consists of 30 members (20 from Lok Sabha and 10 from Rajya Sabha, elected via proportional representation).
    • Article 348: The language to be used in the Supreme Court and every High Court shall be English (until Parliament by law provides otherwise).
    • 8th Schedule Expansion (22 Languages):
      • 21st CAA, 1967: Added Sindhi.
      • 71st CAA, 1992: Added Konkani, Manipuri, and Nepali.
      • 92nd CAA, 2003: Added Bodo, Dogri, Maithili, and Santhali.
  • The Classical Languages Count (11 Languages):
    • Original 6: Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013), and Odia (2014).
    • Added in 2024: Marathi, Pali, Prakrit, Assamese, and Bengali (bringing the total to 11).
  • Co-operative Societies (Part IX-B):
    • Added by the 97th Constitutional Amendment Act, 2011.
    • Supreme Court 2021 Ruling: Struck down Part IX-B so far as it applies to State Co-operative Societies (due to lack of ratification by half the State Legislatures). It remains valid only for Multi-State Co-operative Societies (MSCS) and UTs.

1. CIVIL SERVICE SAFEGUARDS & THE PLEASURE DOCTRINE


CIVIL SERVICE SAFEGUARDS & THE PLEASURE DOCTRINE

CIVIL SERVICE SAFEGUARDS & THE PLEASURE DOCTRINE
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  • Pleasure Doctrine Restrictions: While Article 310 outlines the "pleasure of the President/Governor", it is strictly bound by Article 311.
  • Appointing Authority Threshold (Jharkhand v. Rukma Kesh Mishra, SC 2025): The Supreme Court ruled that the formal approval of the appointing authority is not required to initiate departmental inquiry proceedings; it is only mandatory at the final stage when passing the order of dismissal, removal, or reduction in rank.
  • Exclusion of Reasonable Opportunity (Article 311(2) Proviso): The safeguard of an inquiry does not apply in three circumstances:
    1. Where a person is dismissed or reduced on the ground of conduct which has led to their conviction on a criminal charge.
    2. Where the authority empowered to dismiss is satisfied that it is not reasonably practicable to hold such inquiry (reasons must be recorded in writing).
    3. Where the President or Governor is satisfied that the inquiry is not in the interest of the security of the State.

STATUTORY LEGAL AID SYSTEM & LOK ADALATS
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The Legal Services Authorities Act, 1987 operationalizes the Article 39A DPSPs directive (free legal aid):