Introduction

The Civil Services holds the most prominent place in the progress of the country. A Country’s efficiency, democratic value and development widely is adjudged and determined by the Administrative Team and Civil Machinery of that Nation.
We always in the Constitution, with various Statutes and Acts learn about the Independence of Judiciary and Doctrine of Separation of Power, which ultimately aims at reducing or eliminating the political influence over the Executive Organ in order to ensure peace, efficiency and justice as a means of end in Law and Administration of a Country, as it is perfectly seen in USA. Independence of Judiciary always talks about the Principle of Judicial Review, and Concept of Checks and Balances over the constitutionality of the legislative enactments and administrative actions.

Civil Servants in India

However, as looking the field of law with bare eyes we must accept one thing that Today the Executive Machinery is Totally adulterated with the evils of Politics and ultimately is hampering the growth and development of the Nation at large. We can very often learn from the Newspapers and Televisions that even the transfers and postings of administrative officers has a very wide influence of the political agenda of the ruling party on it, ignoring the capabilities and eligibilities of a Person, and linking it with the further repercussions on the post on which he is sent on.

In-efficient and In-eligible Persons are appointed on major and important posts, and the good cultured officials are kept in looplines of the administrative tunnels by the so-called Political Heads of the Nation or the State for deriving their own vested interests, in the whole only the efficient and innocent Persons suffers the most, for which our Constitution provides the legal immunity and protection for safeguarding one’s position from such red-tapism and dirty politics in the Country.

Recruitment And Regulations

Under Article 309 of the Indian Constitution, it empowers the Parliament of India and respective State Legislatures to regulate and provide rules and laws for the appointment and regulation of the Civil Servants in the Country for both the persons appointed under the Union and State Governments, respectively.

The provision also expressly states that until the provisions or law regarding the aforesaid is not made by the Parliament or any or all State Legislature than under such circumstances the President or the Governor of the State holds the Authority to make laws which may be temporary for regulating and operating such appointments saving the country from mal-administrative and failure.