Previous Year Question
With reference to creation of new All India Service, which of the following statements is/are correct?
In the national interest, the Rajya Sabha can pass a resolution for creation of new All India Service.
The resolution for creation of new All India Service must be passed by the Rajya Sabha by two-third majority of the total members of the house.
Select the correct answer from the code given below:
Only 2
Neither 1 nor 2
Both 1 and 2
Only 1
Correct Answer: D
Detailed Solution
Article 312 of the Indian Constitution deals with the creation of All India Services. It provides a special constitutional role to the Rajya Sabha in the creation of a new All India Service in the national interest.
Statement 1 is correct.
According to Article 312(1), if the Rajya Sabha passes a resolution declaring that the creation of a new All India Service is necessary or expedient in the national interest, Parliament may provide by law for the creation of one or more All India Services.
A distinguishing feature of these services is that they are common to the Union and the States.
An important point is that the Rajya Sabha passes the resolution, whereas Parliament enacts the law for the creation of a new All India Service.
Statement 2 is incorrect.
According to Article 312(1), the resolution for creating a new All India Service must be passed by a majority of not less than two-thirds of the members of the Rajya Sabha present and voting.
The question mentions a two-thirds majority of the total membership of the Rajya Sabha, which is different from the constitutional provision.
Important distinction: The number of members present and voting is not necessarily equal to the total membership of the House. Therefore, these two types of majority cannot be used interchangeably.
According to Article 312(2), the Indian Administrative Service (IAS) and Indian Police Service (IPS), which existed at the commencement of the Constitution, are deemed to have been created by Parliament under Article 312.
Thus, both the special role of the Rajya Sabha and the majority required for passing the resolution are specified under Article 312.