Service Law and Constitutional Governance
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 7 · LAIGTD2N
Unit I — Historical Foundations of Public Services
Evolution of civil services in colonial and post-colonial India · Role of civil services in governance and public administration · Ethical foundations and commitment to constitutional values · Civil service reforms in modern India (overview)
Unit II — Constitutional and Legal Framework
Relationship between the State and civil servants · Fundamental Rights in service context: · Article 14 & 16 – Equality and reservations · Article 19, 21, 23 – Freedoms and dignity in service · Doctrine of Pleasure (Article 310) and its limitations · Article 311 – Procedural safeguards in dismissal/removal · UPSC/SPSC – Roles and constitutional status
- Article 14-18 — Right to Equality
- Article 19 — Six Fundamental Freedoms and Reasonable Restrictions
- Article 21 and 21A — Right to Life and Personal Liberty & Right to Education
- Article 23 and 24 — Right against Exploitation
- Amendment and the basic structure doctrine (Part XX) 4.3Constitutional Bodies and Offices Services (Part-XIV, Chap-1)
Unit III — Recruitment, Promotion, and Service Conditions
Recruitment & Appointment · Qualification, direct and indirect recruitment · Transfer, absorption, ad hoc appointments · Promotion and Seniority · Next below rule, retrospective promotions · Seniority principles – direct recruits vs promotees · Pay and Social Security · Equal Pay for Equal Work; Pay scales and fixation · Remuneration, pension, provident fund, gratuity, maternity benefit · Death-in-harness and compassionate appointment · Modes of Exit · Superannuation, voluntary retirement, compulsory/premature retirement · Resignation, abolition of post, termination (with/without misconduct) · Legal position of probationers and temporary employees
Unit IV — Disciplinary Proceedings and Procedural Safeguards
Conduct Rules and classification of misconduct · Suspension – types, procedure, legal scrutiny · Departmental enquiry – charge-sheet, inquiry officer, presenting officer · Principles of natural justice in disciplinary control · Minor and major penalties under CCS (CCA) Rules, 1965
Unit V — Administrative Tribunals and Judicial Remedies
Central Administrative Tribunal (CAT) – establishment, jurisdiction, procedure · Advantages and criticisms of tribunalization of service justice · Exclusion of civil courts' jurisdiction – constitutional validity and limits · Judicial review of service matters under Articles 32, 226