Chapter 54: MISCELLANEOUS PROVISIONS
Civil Service Regulations
Article 311 says that the all civil servants
occupy posts during the
pleasure of the president. But some restrictions are there
on this to safeguard
against arbitrary dismissal:
No civil servant
dismissed or removed by an authority subordinate to the
one that appointed him.
A servant can’t
except by inquiry where he is informed of the charges and
opportunity to defend himself.
The above safeguards aren’t applicable to
people holding defence
posts or military service.
The second safeguard is not applicable
when the civil servant is
convicted of an offence, the disciplinary authority states
in writing reasons
that it’s not practical to hold such an inquiry or
president or governor feel
that in interest of security of state such an inquiry
Under article 323A the parliament can
tribunal for speedy justice to aggrieved civil servants.
administrative tribunal [CAT] and state administrative
tribunals [SAT] have
been formed under this.
Central Administrative Tribunal
CAT has 1 chairman and 65 members all have
rank of HC judges and are
appointed by the president. It has 17 benches 15 of which
operate from high
courts. Term of chairman is 5 yrs or till age of 65 and
members if 5 yrs or
till age of 62 whichever is earlier. It has original
recruitment and all service matters of public servants.
Appeals are heard by
HC. It is guided by principles of natural justice.
State Administrative tribunals
SAT and Joint administrative tribunals can be
parliament after states make a request. The president
appoints chairman and
members after consulting the governor or governors of
Tribunals for other matters:
Article 323B allows parliament and state
legislatures to establish
tribunals for other matters too. HC and SC have appellate
powers over these.
Tribunals under article 323A don’t have a hierarchy but
under 323B can be in a
Liabilities of civil servants:
The Parliament as well as the state
legislatures is empowered to
make laws for the compulsory acquisition of private
property by the governments.
Compensation has to be paid only:
(a) When the government acquires the property
of a minority
educational institution; and
(b) When the government acquires the land
held by a person under his
personal cultivation and the land is within the statutory
The government (Union or states) in India can
be sued for torts
(civil wrongs) committed by its officials only in the
exercise of its
non-sovereign functions but not in the sovereign
functions. Judicial officers
enjoy legal liability for official acts.
Civil servants are not personally liable for
official acts but the
government is. However if the contract isn’t made as per
directions given in
the constitution then the civil servant is liable
Civil proceedings can be instituted
against them for anything done
in their official capacity after giving a two months’
Criminal proceedings can be instituted
against them for acts done in their official capacity,
with the prior
permission of the president or the governor, where
They aren’t immune from civil or criminal
liability for personal
Provisions for SC / ST / OBC / Anglo Indian
Constitution leaves to the President the
power to specify as to what
castes or tribes in each state and union territory are to
be treated as the SCs
and STs. Thus, the lists of the SCs or STs vary from state
to state and union
territory to union territory.
In case of the states, the President issues
the notification after
consulting the governor of the state concerned. But, any
inclusion or exclusion
of any caste or tribe from Presidential notification can
be done only by the
Financial powers of the State:
The Constitution has placed the following
restrictions on the taxing
powers of the states:
(i) A state can impose taxes on professions.
But, the total amount
of such taxes on a person should not exceed Rs. 2,500 per
(ii) A state legislature can impose taxes on
the sale or purchase of
goods (other than newspapers) within the state only except
import – export duty
and interstate trade duty or on goods declared by
Parliament to be of special
importance in inter-state trade and commerce.
(iii) A state legislature cant impose tax on
the consumption or sale
of electricity except that consumed by the Centre or sold
to the Centre; or
(iv) A state legislature can impose a tax in
respect of any water or
electricity traded by authority established by Parliament
for regulating or
developing any inter-state river or river valley but such
a law must receive president’s
TAX REVENUE DISTRIBUTION
A. Taxes Levied by the Centre but
Collected and Appropriated by the
States (Article 268) namely
(i) Stamp duties on bills of exchange,
cheques, promissory notes,
policies of insurance, transfer of shares and others.
(ii) Excise duties on medicinal and toilet
alcohol and narcotics.
The proceeds of these duties are fully
assigned to that state.
B. Service Tax Levied by the Centre but
Collected and Appropriated
by the Centre and the States (Article 268-A) is divided
amongst centre and state as per
C. Taxes Levied and Collected by the Centre
but Assigned to the
States (Article 269) namely
(i)Taxes on the sale or purchase of goods
(other than newspapers) in
the course of inter-state Trade or commerce.
(ii) Taxes on the consignment of goods in the
course of inter-state
trade or commerce.
E. Surcharge on Certain Taxes and Duties
for Purposes of the Centre
(Article 271) goes fully to centre.
F. Taxes Levied and Collected and Retained
by the States are taxes
on matters in state list.
Distribution of Non-tax
Grants-in-Aid to the States are of
grants and Discretionary grants:
- Statutory Grants
are given to the states on the recommendation of
the Finance Commission.
- Discretionary Grants
are made to the states on the recommendations
of the Planning Commission. These are more than
- Other Grants /
temporary grants are made to the states on
recommendation of the Finance Commission.
Law Commission of India
It is an adhoc advisory body that suggest amendments to old laws. However such suggestions are non binding on the government.
Members are experts chosen by the government. Tenure is 3 years. Chairman and 4 members are present.
Official Languages Commission
Appoint such a commission after 5 years from the date of commencement of the Constitution and then after every 10 years - Article 344.
This committee makes non binding recommendations to the Parliament for use of Hindi as the official alnguage.
Convention is to have Home minister as the chairman.
30 members with 20 from Lok Sabha and 10 from Rajya Sabha.
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