Entry No. 58 - Page 922

DRAFT CONSTITUTION 889

heretofore the All-India services and the regulation thereof did not figure in the Government of India Act because that was a matter which was kept exclusively in the hands of the Secretary of State. The Secretary of Stale having disappeared, it is necessary to provide for the regulation of the all-India services, somewhere by some agency, in the Constitution and the most appropriate agency therefore is the Centre. List I deals with matters which are within the purview of the Centre. The natural place for All-India services is therefore in list I. That is one argument.

The second argument is this that there are already two sorts of AllIndia services at present in existence. There are the remnants of the old I.C.S. still continuing lo serve the Government of India. Secondly, there have been in stituted during the course of the last two years what are called the All-India Administrative Service and the All-India Police Service. Whether the Centre continue lo recruit civil servants on the basis of the All-India administrative Service or the All-India Police Service is a matter which has to be determined in the course of a subsequent article with which we will be concerned. But there is no doubt about it that these services have been brought into existence with the consent of the Provinces. Secondly, they being there, it is necessary to make provision for their regulation. And I submit that the Union List is the proper list where this provision can be made.

With regard to my Friend Mr. Kamath’s suggestion that the Joint Commission should be mentioned in this entry, my submission is that on a deeper consideration that would create complications. The Joint Com mission, so far as its constitution, the appointment of its members and their removal are concerned—and only in these three respects—is an All-India subject, and provision for these three matters is already made in article 284. In all other respects it is really a State Public Service Commission: say, for instance, for the purpose of excluding certain services or consulting them in certain matters, it will still be a State Public Service Commission. And it is not desirable to oust the jurisdiction of the Slates in these matters as would be the consequence if the Joint Commis sion was also mentioned in entry 58. It is for that purpose that I object to Mr. Kamath’s proposal.

Shri H. V. Kamath : May I know if this will go lo the Concurrent List ?

The Honourable Dr. B. R. Ambedkar : No.

Shri H. V. Kamath : Where will it go ?

The Honourable Dr. B. R. Ambedkar : It can be the Centre only in certain respects : for instance, if the States jointly say that a Joint Public