LRPS1217 | Law relating to Public Services

‘Service law is again consuming more pages of the Supreme Court Cases than any other subject’ Samaraditya Pal In modern welfare State the functions of the Government has increased manifold. The State is involved in multifarious social, economic and developmental activities to ensure the well-being of the citizens. Postliberalization the role of the State has further undergone changes to ensure that the country moves towards modernization and achieves sustainable growth in the 21st century. Modern State is often characterized as protector, provider, entrepreneur, economic controller and arbiter. But efficient functioning of the State is dependent upon a strong, efficient and capable administration. It is necessary that the young people with talent join the Indian administration so that the delivery of various public services to the citizens can be done in an effective and time bound manner. Every year a large number of young people join different state departments and its agencies in order to serve the nation. The various instrumentalities of the State, including public sector undertakings are one of the major employer in the country. In order to ensure efficiency in the working of the State, the Constitution under Part XIV has provided for services under the state and also created for Public Service Commissions to independently engage in selection and appointment to various cadres of government services. Indian state is one of the largest employers in the country, but unfortunately government employment has also become one of the major sources of litigation. In order to reduce the burden of the judiciary Part XIVA was introduced in the Constitution to create for Administrative Tribunals to deal with matters involving service related matters. Service related matters have become the major cause of litigation in India and at present a large number of cases are pending before the various administrative tribunals and higher judiciary. Service jurisprudence is a fascinating area of legal study, research and advocacy. It is a specialized branch of Administrative law. It is a complex area of study and involves judicial decisions and principles of Administrative law, Constitutional law, fundamental rights and natural justice, alongwith application of various rules, regulations, administrative directions, office orders etc. There are no coherent legislations which are applicable, and are largely based on case laws and judicial precedents. Service law involves understanding of the core issues and application of legal principles involved in the various processes of employment, under the State. At present there are very few specialized courses dealing with the study of law relating to public services. In this elective course an attempt would be made to discuss the role of State as an employer and understand the core principles of service jurisprudence in India. The ultimate aim of this course paper is to discuss and analyze the service law jurisprudence as part of the larger discourse on issues relating to administrative efficiency, accountability and good governance. This seminar course is an advanced course on Administrative Law and Governance, and is developed upon the foundational principles of Administrative Law. The educational materials used in the course are judgements, rules and regulations, governmental and non-governmental reports, articles, newspaper reports and documentaries. The pedagogical method used for this course is a combination of lectures, class discussions, presentations and response papers.