SECTION -2

OVERVIEW OF INDIAN CONSTITUTION

Unit 1: Nature, Development & Features

🔹 Introduction
The Indian Constitution is the supreme law of the land, laying the foundation for governance, rights,
and duties. Enacted in 1950, it represents a blend of exibility and rigidity, in uenced by global
constitutions, yet rooted in India’s diverse and democratic ethos.

🔹 Constitutional Developments

• 1858: Government of India Act – East India Company rule ends, Crown rule begins

• 1909: Morley-Minto Reforms – separate electorates for Muslims

• 1919: Montagu-Chelmsford Reforms – Dyarchy in provinces

• 1935: Government of India Act – federal structure, provincial autonomy

• 1946: Cabinet Mission Plan – led to formation of the Constituent Assembly

• 1947: Indian Independence Act – Dominion status granted

• 1950: Constitution of India came into effect on 26th January 1950

🔹 Salient Features of Indian Constitution

1⃣ Lengthiest Constitution: Originally 395 Articles, 22 Parts; now 470+ Articles
2⃣ Blend of Rigidity & Flexibility: Can be amended via Art. 368 (Simple/Majority/Special)
3⃣ Quasi-Federal with Unitary Bias: Dual polity with central supremacy in emergencies
4⃣ Parliamentary System: Executive is responsible to legislature (Art. 74 & 75)
5⃣ Independent Judiciary: Supreme Court as guardian of Constitution (Art. 124–147)
6⃣ Fundamental Rights & Duties: Art. 12–35 (Rights), Art. 51A (Duties)
7⃣ Directive Principles of State Policy (DPSP): Non-justiciable but guiding socio-economic
principles (Art. 36–51)
8⃣ Single Citizenship: Unlike U.S., only Indian citizenship
9⃣ Secularism: State maintains principled distance from all religions
🔟 Universal Adult Franchise: Right to vote at 18+ irrespective of caste, creed, gender
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 🔹 Preamble: The Soul of the Constitution
Declares India as:
🔹 Sovereign
🔹 Socialist
🔹 Secular
🔹 Democratic Republic
…and secures:
✅ Justice
✅ Liberty
✅ Equality
✅ Fraternity

Preamble amended only once – 42nd Amendment (1976)

🔹 Directive Principles of State Policy (DPSPs)

Inspired by Irish Constitution

• Aim: Establish socio-economic democracy

• Classi cation:
📘 Socialist: Equal pay (Art. 39d), welfare (Art. 41)
📗 Gandhian: Village panchayats (Art. 40), animal husbandry (Art. 48)
📙 Liberal: Uniform civil code (Art. 44), international peace (Art. 51)

Not enforceable in courts but fundamental in governance

🔹 Indian Federation
India = “Union of States” (Art. 1)

• Dual polity: Centre + States

• Division of Powers: Union (List I), State (List II), Concurrent (List III)

• Integrated Judiciary, Single Constitution

• Strong Centre: Eg. Emergency Powers (Art. 352, 356), All India Services

🔚 Conclusion
The Indian Constitution is a dynamic and living document – balancing rights with responsibilities,
federalism with unity, and tradition with modernity. Its evolution re ects India’s democratic
journey, while its foundational values guide future progress.
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🇮🇳 Unit 2: Fundamental Rights, Safeguards & Social Justice Mechanisms

🔹 Introduction
Fundamental Rights (FRs) are enshrined in Part III (Articles 12–35) of the Indian Constitution.
These are justiciable, enforceable by courts, and safeguard the dignity, liberty, and equality of
individuals. Called the “Magna Carta” of India, they form the bedrock of Indian democracy.

🔹 Six Fundamental Rights

1⃣ Right to Equality (Art. 14–18)

• Equality before law (Art. 14)

• Prohibition of discrimination (Art. 15)

• Equality of opportunity in public employment (Art. 16)

• Abolition of untouchability (Art. 17)

• Abolition of titles (Art. 18)

2⃣ Right to Freedom (Art. 19–22)

• Art. 19: Six freedoms (speech, assembly, association, movement, residence, profession)

• Art. 20: Protection in conviction (ex post facto laws, double jeopardy, self-incrimination)

• Art. 21: Right to life and personal liberty – interpreted broadly (Right to privacy, clean
environment)

• Art. 22: Protection against arbitrary arrest (esp. preventive detention)

3⃣ Right Against Exploitation (Art. 23–24)

• Art. 23: Prohibition of human traf cking and forced labour

• Art. 24: No child below 14 years in hazardous jobs

4⃣ Right to Freedom of Religion (Art. 25–28)

• Freedom of conscience, profession, and practice (Art. 25)

• Freedom to manage religious affairs (Art. 26)

• No tax for promotion of religion (Art. 27)

• No religious instruction in state-funded institutions (Art. 28)

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5⃣ Cultural and Educational Rights (Art. 29–30)

• Right to conserve language, script, and culture (Art. 29)

• Minorities' right to establish educational institutions (Art. 30)

6⃣ Right to Constitutional Remedies (Art. 32)

• Heart & soul of the Constitution (B.R. Ambedkar)

• Right to move Supreme Court for enforcement of FRs

• Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto

🔸 Reasonable Restrictions (on FRs)

• Art. 19(2)–(6): Public order, morality, sovereignty, defamation, incitement to offence

• Art. 25: Restrictions in interest of public health & morality

🔹 Safeguards for SCs/STs/OBCs & Minorities

✅ Reservations

• Art. 15(4), 15(5), 16(4): Education & employment reservation

• 103rd Amendment (2019): 10% EWS reservation (Art. 15(6), 16(6))

✅ SC/ST (Prevention of Atrocities) Act, 1989

• Prevents caste-based violence & humiliation

• Establishes Special Courts for speedy trials

• Amendments (2018): Restored strict provisions struck down by SC

✅ Commissions

• National Commission for SCs – Art. 338

• National Commission for STs – Art. 338A

• National Commission for Minorities – Statutory body (1992)

• Roles: Monitoring safeguards, complaints, reports to President

🔹 Recent Cases & Examples

• K.S. Puttaswamy v. Union of India (2017): Declared Right to Privacy as part of Art. 21

• Sabarimala Verdict (2018): Gender justice under Art. 14 & 25

• Reservation in Promotions – Constitutionally valid (as per Nagaraj & Jarnail Singh cases)

🔚 Conclusion
Fundamental Rights ensure dignity, freedom, and equality to all citizens. However, they coexist
with duties and reasonable restrictions. Provisions like reservations and constitutional commissions
help empower the historically disadvantaged and uphold social justice. Strengthening rights while
maintaining harmony is key to India’s constitutional vision.
🇮🇳 Unit 3: Distribution of Powers, Centre-State Relations, and Key Constitutional
Functionaries

🔹 Introduction
India follows a quasi-federal structure where powers are distributed between the Centre and
States, with a tilt in favor of the Centre. This division ensures administrative convenience and unity
in diversity, while allowing state-speci c governance.

🔸 Distribution of Legislative Powers

🔹 Three Lists (7th Schedule, Article 246)

1. Union List (97 items): Only Parliament can legislate

e.g., Defence, Foreign Affairs, Atomic Energy, Railways

2. State List (66 items): States legislate (unless Parliament legislates under exceptional
conditions)
e.g., Police, Public Health, Agriculture

3. Concurrent List (47 items): Both can legislate; Union law prevails in con ict
e.g., Education, Forests, Marriage, Bankruptcy

🔹 Residuary Powers (Art. 248) – Rest with Parliament

🔹 Exceptions (Art. 249–253):

• Parliament can legislate on State List during national interest, emergency, or

international treaties.

🔸 Centre–State Administrative Relations (Part XI)

🔹 Articles 256–263

• Art. 256–257: States must ensure compliance with Union laws

• Art. 258: Centre can delegate functions to States

• Art. 263: Inter-State Council – resolves disputes, promotes cooperation

⚖ All-India Services (e.g., IAS, IPS): Dual control, created under Art. 312

🔸 Centre–State Financial Relations (Part XII, Art. 268–293)

🔹 Taxation Powers:

• Union: Income tax (except on agricultural income), customs, excise

• States: Land revenue, stamp duty, excise on alcohol

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🔹 Sharing of Revenues (Art. 280):

• Finance Commission recommends tax devolution, grants-in-aid

• 15th FC (2021–26): 41% share of divisible pool to states

🔹 Grants-in-aid (Art. 275) – For backward areas & SC/ST welfare

🔹 GST (Art. 246A): Concurrent jurisdiction; GST Council governs

🔸 Key Constitutional Functionaries

🟦 Governor (Art. 153–162)

• Appointed by President; Constitutional head of the State

• Powers: Executive (appoints CM), Legislative (summons, dissolves Assembly),

Discretionary powers (e.g., President's Rule)

🟩 Council of Ministers & Cabinet (Art. 163–164)

• Headed by Chief Minister, collectively responsible to Legislative Assembly

• Cabinet: Core decision-making body within CoM

• Role: Draft policy, budget, and governance decisions

🔸 Judicial Remedies & Article 226

• Article 32 (SC) & Article 226 (HC): Writ jurisdiction for protection of FRs

• Types of Writs:

◦ Habeas Corpus – against unlawful detention

◦ Mandamus – compel public authority

◦ Prohibition, Certiorari, Quo Warranto – control over administrative action

 🔸 Important Bodies & Their Roles

Body Article Function

Finance Commission Art. 280 Revenue distribution
Inter-State Council Art. 263 Coordination
CAG of India Art. 148 Audit of govt accounts
Election Conduct of free and fair
Art. 324
Commission elections
Art. 315–
UPSC / State PSC Recruitment to civil services
323

🔚 Conclusion
India’s Centre-State relations balance national integrity with state autonomy. While legislative and
nancial powers favor the Centre, mechanisms like GST Council, Inter-State Council, and Finance
Commission promote cooperative federalism. Key constitutional bodies ensure transparency,
checks, and decentralization – pillars of good governance.
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📘 Unit 4: Legislature – Structure, Functions & Oversight Mechanisms

🔹 Introduction
The legislature is the law-making body of the government. In India, it exists at both the Union and
State levels and performs vital roles like lawmaking, accountability of the executive, budget
approval, and debate on public issues.

🔸 Unicameral vs Bicameral Legislatures

Feature Unicameral Bicameral

Structure One house Two houses
States with it 22 states (e.g., Kerala, gujarat) 6 states (e.g., Bihar, UP, Telangana)
Union Lok Sabha (Lower) + Rajya Sabha
–
Legislature (Upper)
Pros Faster, cheaper Better scrutiny, check on hasty laws
Cons Risk of hasty legislation Expensive, slower process

🔸 Functions of Legislature

• Legislative: Passing laws (Union List & Concurrent List at Centre, State List for states)

• Financial: Budget approval, taxation, grants, and audits

• Executive Control: Motions (No-con dence, Adjournment), Question Hour, Zero Hour

• Electoral: Electing President, Vice-President

• Judicial: Impeachment of President, removal of judges

🔸 Crisis of Legislative Accountability

• Frequent disruptions, declining debate quality

• Ordinance route bypassing Parliament

• Weakening of committee system

• Executive dominance, lack of internal democracy in parties

🔸 Delegated Legislation

• When legislature delegates law-making power to executive for details/rules

• Needed due to technical complexity, time constraints

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 • E.g.: Central Motor Vehicles Rules framed under Motor Vehicles Act

🛑 Concerns: Excessive delegation → bypassing legislative scrutiny

✅ Safeguards: Laying procedure in Parliament, prior consultation

🔸 Legislative Procedure

1. Introduction (First reading)

2. Detailed Debate (Second reading, clause-wise discussion)

3. Voting (Third reading)

4. Rajya Sabha approval (if applicable)

5. Presidential assent

🔹 Types of Bills: Ordinary, Money, Financial, Constitutional Amendment

🔸 Legislative Committees

Type Examples Role

Standin Public Accounts, Budget, policy
g Estimates scrutiny
Ad hoc JPCs, Select Committees Issue-based inquiry

⚙ Committees = "Mini-Parliament" for expert, non-partisan scrutiny.

🔸 Judicial & Legislative Control over Delegated Legislation

✅ Legislature: "Laying" before House, discussion, annulment
⚖ Judiciary (Judicial Review):

• Can strike down if ultra vires (beyond authority)

• Ensures compliance with parent Act and Constitution

🔸 Judicial Review of Administrative Action

• Judiciary ensures that executive actions follow rule of law

• Tools: Writs under Article 32 & 226, PILs, Quashing arbitrary decisions

• Landmark cases: Maneka Gandhi (1978) – widened scope of Article 21

🔸 Key Constitutional Authorities

🧾 Comptroller and Auditor General (CAG)

• Art. 148–151, guardian of public purse

• Audits expenditure of Union/States, reports to Parliament

• Ensures transparency and nancial accountability

• Reports: Performance audit, compliance audit (e.g., 2G, coal scam)

⚖ Attorney General of India (AGI)

• Art. 76, chief legal advisor to Government of India

• Appears in Supreme Court, High Courts on behalf of Union

• Appointed by President; can take part in parliamentary proceedings but cannot vote

🔚 Conclusion
Legislative institutions, while constitutionally empowered, are under stress due to disruptions and
executive overreach. Strengthening the committee system, ensuring judicial scrutiny of delegated
laws, and empowering watchdogs like CAG and AGI are essential to revive legislative
effectiveness and uphold accountability in governance.
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📘 Unit 5: Important Constitutional Amendments & Decentralization

🔹 Introduction
The Indian Constitution is a living document. Amendments (Article 368) empower Parliament to
adapt the Constitution to changing needs, while preserving its core values through the Basic
Structure Doctrine.

🔸 Basic Structure Doctrine

📌 Origin: Kesavananda Bharati case (1973)
🔹 Parliament can amend the Constitution but cannot alter its basic structure.

Core Elements (evolved by SC rulings):

• Supremacy of Constitution

• Rule of law

• Separation of powers

• Judicial review

• Secularism

• Federalism

• Parliamentary democracy

• Free and fair elections

• Independence of judiciary

• Fundamental rights

🛡 It acts as a safeguard against authoritarianism and majoritarianism.

🔸 Emergency Provisions (Part XVIII: Articles 352–360)

📍 Enacted to respond to war, external aggression, armed rebellion, or nancial instability.

Art
Type Trigger Features
icle
FRs suspended (except 20 & 21), Centre
National Emergency 352 War/external aggression
takes over state powers
State Emergency State fails to comply
356 State gov dismissed, Governor rules
(President’s Rule) with Constitution
Financial Emergency 360 Financial instability Cuts in salaries, Centre controls nancial
matters
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 📌 44th Amendment (1978): Restricted misuse of emergency powers (e.g., mandatory cabinet
advice for emergency).

🔸 Decentralization & Panchayati Raj

📌 Real decentralization began with the 73rd & 74th Constitutional Amendments (1992).

🔹 73rd Constitutional Amendment Act (1992) – Rural Local Bodies

📍 Added Part IX (Articles 243–243O) & 11th Schedule (29 subjects)
🔸 Key Provisions:

• 3-tier Panchayati Raj: Gram Panchayat, Panchayat Samiti, Zilla Parishad

• Direct elections, 5-year term

• Reservation: SC/ST + 33% for women (now 50% in some states)

• State Finance Commission (Art. 243I) every 5 years

• State Election Commission (Art. 243K)

📌 Signi cance: Empowered rural India, deepened grassroots democracy

🔹 74th Constitutional Amendment Act (1992) – Urban Local Bodies

📍 Added Part IXA (Articles 243P–243ZG) & 12th Schedule (18 subjects)
🔸 Types:

• Nagar Panchayat (transitional)

• Municipal Council (small cities)

• Municipal Corporation (large urban areas)

🔸 Key Provisions:

• Elected body, reservation, State Finance & Election Commissions

• Metropolitan Planning Committees for metro cities

📌 Importance: Urban governance made participatory, improved planning & accountability

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🔸 Other Important Amendments (Chronological & Signi cance-based)

Amendmen Yea
Highlights
t r
1st 1951Added 9th Schedule (land reforms), limited FRs (Art. 19)
"Mini Constitution" – Preamble changed, DPSPs given primacy, curtailed
42nd 1976
judiciary
44th 1978Restored FRs post-Emergency, strengthened Art. 20 & 21
52nd 1985Anti-Defection Law (10th Schedule)
61st 1989Voting age reduced from 21 to 18
86th 2002Right to Education (Art. 21A) made fundamental right
101st 2016GST introduced – scal federalism milestone
103rd 201910% EWS reservation (non-SC/ST/OBC)

🔚 Conclusion
Amendments re ect the dynamic and adaptive nature of Indian democracy. The basic structure
doctrine ensures that these changes stay within the Constitutional ethos, while key reforms like
the 73rd and 74th amendments have deepened participative governance. Balancing central
authority with decentralized local empowerment is vital for India’s inclusive and democratic
future.
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 📘 Unit 6: Welfare Mechanism in India

🔹 Introduction
The Indian Constitution envisions a welfare state that ensures justice, equality, and dignity for all.
This vision is translated into action through Directive Principles of State Policy (DPSPs) and
various constitutional & statutory bodies that monitor and support welfare-oriented governance.

🔸 Directive Principles of State Policy (Part IV, Articles 36–51)

🧭 DPSPs are non-justiciable but fundamental in governance.

🔹 Classi cation:

1. Socialist principles – Equal pay (Art. 39), health (Art. 47)

2. Gandhian principles – Village panchayats (Art. 40), promote cottage industries

3. Liberal-intellectual – Uniform civil code (Art. 44), international peace (Art. 51)

⚖ Relation with Fundamental Rights:

• Complement FRs; together ensure socio-economic justice

• Used in interpreting FRs (e.g., Minerva Mills, Kesavananda Bharati)

• FRs are justiciable, DPSPs act as guidelines to make those rights meaningful

🔸 Right to Property (Article 300A)

• Originally a Fundamental Right (Art. 31); removed via 44th Amendment (1978)

• Now a legal right – can be regulated by state under due process

• Ensures balance between individual rights and social welfare

🔸 Election Commission of India (Art. 324)

🗳 Independent constitutional body for conducting free & fair elections

• Conducts elections to Parliament, State Legislatures, President & VP

• Oversees political parties, Model Code of Conduct

• Strengthened through SC rulings (e.g., Anoop Baranwal case – appointment of CEC)

🔸 Union and State Public Service Commissions (Articles 315–323)

🎯 Recruitments to civil services (UPSC & State PSCs)
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 • Advise on promotions, disciplinary matters

• Ensure merit-based, impartial civil administration

🔸 National & State Commissions for Women

🟣 NCW: Set up under National Commission for Women Act, 1990

• Protects women's rights, recommends legal reforms, studies gender gaps

• Investigates complaints, supports policy advocacy

• State Commissions perform similar roles at local level

🔸 National & State Minorities Commissions

🛐 NCM: Set up under NCM Act, 1992 (Article 338B – 89th Amendment)

• Safeguards rights of religious & linguistic minorities

• Monitors minority welfare schemes and redresses grievances

🔸 Backward Classes Commission (NCBC)

📜 Constitutional status by 102nd Amendment (2018), Article 338B

• Identi es & recommends inclusion/exclusion in OBC list

• Evaluates implementation of welfare measures for backward classes

🔸 Human Rights Commission (NHRC)

🛡 Statutory body under Protection of Human Rights Act, 1993

• Inquires into violations of human rights by public servants

• Advises government, visits jails, promotes awareness

• SHRCs exist in states with similar functions

🔸 Information Commissions (CIC/SICs)

📖 Enforced via RTI Act, 2005

• Central & State Information Commissions ensure transparency

• Empower citizens to access government records

• Uphold accountability & good governance

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🔸 Finance Commission (Art. 280)
💰 Recommends distribution of taxes between Union and States

• 15th Finance Commission (2021–26): Devolution formula (41%), performance-based grants

🔸 Planning Commission (Replaced by NITI Aayog in 2015)

• Was responsible for 5-year plans and centralised planning

• NITI Aayog now ensures cooperative federalism & SDG-based policy

🔸 National Development Council (NDC)

• Apex body for planning coordination

• Comprised PM, CMs, NITI members (now inactive post-2015)

• Promoted consensus-based economic planning

🔚 Conclusion
India’s welfare architecture is a blend of constitutional vision (DPSPs), rights (FRs), and
institutions (Commissions)ensuring inclusive development, justice, and equity. Effective
functioning of these bodies is key to translating the spirit of welfare democracy into reality.
🔹 Directive Principles of State Policy (Part IV, Articles 36–51)
✅ Non-justiciable but fundamental to governance. Aim: socio-economic justice & welfare state.

🧭 1. Socialist Principles

Aim: Socio-economic equality, minimize inequality

Articl
Directive Principle
e
38 Promote welfare state; reduce inequalities
39(a) Right to adequate means of livelihood
39(b) Equitable distribution of material resources
39(c) Prevent concentration of wealth
41 Right to work, education, and public assistance
42 Just and humane conditions of work; maternity relief
43 Living wage and decent standard of life for workers
Workers’ participation in management (added by 42nd
43A
Amendment)
47 Raise nutrition and standard of living; public health

🌾 2. Gandhian Principles

Aim: Decentralization, promote rural values

Articl
Directive Principle
e
40 Village panchayats to be established
43 Promote cottage industries in rural areas
Promote educational and economic interests of SCs/STs and weaker
46
sections
47 Prohibit consumption of intoxicating drinks and drugs harmful to health
48 Prohibit slaughter of cows and protect milch & draught cattle
📜 3. Liberal-Intellectual Principles

Aim: Individual freedom, international peace, good governance

Art
Directive Principle
icle
44 Uniform Civil Code for the citizens
Free and compulsory education for children (Note: Replaced by Art. 21A for 6–14 yrs; now
45
Art. 45 focuses on early childhood care – 86th Amendment)
48 Organisation of agriculture and animal husbandry on scienti c lines
48
Protect and improve environment, forests, and wildlife (42nd Amendment)
A
49 Protection of monuments and places of national importance
50 Separation of judiciary from executive in public services
51 Promote international peace and security, respect international law

🏛 unit 7- Services under the Union and State

🔹 Introduction
The Constitution provides a detailed framework for recruitment, service conditions, conduct, and
rights of government servants under Union and State governments. It ensures a professional,
impartial, and accountable civil service essential for governance continuity and development.

📘 Constitutional Provisions for Services

🔑 Area 📜 Article 📝 Provision

Recruitment and Parliament or State legislature may regulate recruitment and

Art. 309
service conditions conditions of service of persons serving under Union or State
Tenure and All Union & State government servants hold of ce during the
Art. 310
dismissal pleasure of the President/Governor
Safeguard against
Art. 311 No dismissal/removal without inquiry; ensures natural justice
arbitrary dismissal
Creation of All- Rajya Sabha (2/3 majority) can authorize creation of new All-
Art. 312
India Services India Services like IAS, IPS, IFoS
Public Service UPSC and State PSCs: conduct exams, advise on
Art. 315–323
Commissions appointments, promotions, transfers, disciplinary matters
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 Not directly
Governed by All India Services (Conduct) Rules, CCS Rules,
Code of Conduct in
etc.
Constitution
Protection under
Fundamental Art. 14, 16 Equality of opportunity in public employment
Rights

🧑⚖ Government Servants – Key Features

• 💼 Government Servants: Employees working under Union/State in civil capacity,

including All India Services.

• 🛡 Job Security: Art. 311 ensures due process before dismissal (except in public interest or
conviction).

• 📋 Code of Ethics: Integrity, neutrality, impartiality, accountability (covered in Conduct

Rules).

• 🚫 Restrictions: Cannot strike, form unions without permission; political neutrality

required.

🇮🇳 All-India Services (AIS)

Servic
Function
e
Administrative leadership at all levels of
IAS
government
IPS Maintenance of law & order, internal security
IFoS Forest and environmental governance

• Appointed by UPSC; allocated to states but serve under Union control (dual control system).

🧾 Recent Reforms & Issues

• Mission Karmayogi (2020) – Civil service capacity-building initiative

• Debate on lateral entry – To inject domain expertise in higher bureaucracy

 • Digital Service Books – For transparency in promotions and transfers

• Concerns – Political interference, lack of specialization, delay in disciplinary action

🔚 Conclusion

The Indian civil services form the steel frame of administration. Constitutional safeguards ensure
merit-based, accountable, and secure service, while reforms aim to make it ef cient, ethical, and
citizen-centric. A balance between autonomy and accountability is crucial to serve India’s
democratic and developmental goals.

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