The PM is the head of the secretariat but administrative
head is cabinet secretary who is also chairman of the civil
service board. The cabinet secretariat functions directly
under the PM.
Cabinet secretary is the head of the civil service.
Civil Service day is celebrated on 21st April Because it was on this day that Sardar Vallabh Bhai Patel, addressed the first batch of civil servants in Independent India at the Metcalf House
provision of the Original Constitution has acquired a gloss either from formal
amendment or from judicial interpretation, and an account of the working of
the Constitution, over and above this, would in itself be a formidable one.
In the American
Constitution, the process of formal amendment
prescribed by the Constitution to changes in social
conditions has fallen into the hands of the Judiciary even though It ostensibly
exercises the function only of Interpreting the Constitution.
leaving the matter to the slow machinery of judicial Interpretation, our
Constitution has vested the power in the people's representatives and,
though the final power of interpretation of the Constitution as it stands at any
moment belongs to the Courts
The power of changing the instrument itself
has been given to Parliament (with or without ratification by the State
Legislatures) and, if Parliament, acting as the constituent body, considers that
the interests of the country so require, it can amend the Constitution as often
as it likes.
The ease with which these Amendments have been enacted
demonstrates that our Constitution contains the potentiality of peacefully
adopting changes some of which would be considered as revolutionary in
The real question Involved in this context is whether it is the Judiciary
or a constituent body which should be entrusted with this task of introducing
changes in order to keep pace with the exigencies of national and social
For reasons good or bad, the framers of our Constitution preferred
the Legislature as the machinery for introducing changes Into the
But the need for change is acknowledged even in countries like
the U.S.A. where the task has been assumed by the Judiciary
advantage of the fact that the amending machinery provided in the
Constitution was too heavy and unwieldy for practical purposes.
At the same time, one cannot help observing that so frequent and
multifarious amendments of the Indian Constitution, some of which might have
been avoided or consolidated, have undermined the sanctity of the
Constitution as an organic instrument.
But in view of the mutilation of the Constitution so far made by endless piecemeal amendments, Inevitably resulting in
Injury upon the dignity and
solemnity of the Constitution, an impartial observer
may suggest that a Commission for the revision of the
Constitution should be set up to examine, objectively,
each of the existing provisions in the light or
suggestions for amendment from the Government as well as the citizens and
to recommend the enactment of one comprehensive Amendment Act Or a
revision of the Constitution itself
Also Constitution should be
amplified, by Inserting in It provisions relating to matters on which it is silent,
or It is left to conventions or the goodwill of those who are to administer
those matters respectively,-because in the absence of such codified
provisions, much confusion has arisen not only amongst the masses who
have little knowledge about the British conventions of Cabinet Government
or the common law privUeges of the British Parliament, but amongst the
Though the Cabinet syslem of governmenl was adopted by the
framers of the Indian Constitution both at the Union
and State (subject to the discretionary sphere left to
the Stare Governor) levels
The British Cabinet system
is a complicated outcome of history and the sagacity of trained politicians
and even then, as veteran scholars have pointed out, it is a difficult task to
formulate clear-cut propositions, relating to the conventions upon which the
system is founded.
Naturally, in India, there has been much controversy
both at the Centre and the States to what course should be taken by the
Presldeni or the Governor in the matter of selecting a person to form a
government In a situation where no party commands a clear majority;
Conversely, what action should be taken by the constitutional head of the
State where it is alleged against a party in power that it has lost majority in
the popular House of the Legislature by reason of defection or the like;
Whether the constitutional head has the power to dismiss the Prime Minister
or Chief Minister, ie., the Council of Ministers collectively, and, if so, when.
Though there is scope for controversy on such questions, it is not
wholesome for the country if the Governors of two States or the President of
the Union take divergent steps in the same or similar situation.
relating to the exercise of the pardoning or Ordinance-making powers have
also created confusion.
Even though it may not be possible to make
comprehensive provisions relating to such matters or to apprehend all
possible situations of doubt or controversy, it would be possible and
profitable to formulate those propositions which have already been laid
down by the Supreme Court or on which there has been a fair amount of
consensus amongst the political parties 'as a result of the working of the
Constitution for about fifty nine years.