Chidambaram terms proposed changes in civil services unconstitutional, dangerous

Tribune News Service

New Delhi, May 23

Former finance minister and Congress veteran P Chidambaram on Wednesday argued that the government's proposal to include the marks of foundation course in allocation of marks and cadre for civil services was unconstitutional and dangerous.

In a blog today, Chidambaram said Article 320 of the Constitution mandates the UPSC and state public service commissions to conduct exams for the appointments to the services of the Union and the states and such appointment includes selection and allotment to the service and to the cadre.

"Currently, the written examination for All India Services carries the bulk of the marks - 1750. The personality test (the interview) carries 275 marks. The total is 2025. Based on these marks, the successful candidates are declared and the Service and the Cadre are allotted taking into account the choice of the candidate. There is anonymity in the written examination and there is objectivity because the examination and the interview are conducted by the UPSC. The Executive has absolutely no role to play. This is consistent with Article 320 of the Constitution of India 

Under the change proposed by the PMO, Foundation Course marks will be taken into account for allocation of Service and Cadre. These 300 marks - that may be increased - have the potential to alter the allocation currently based on the 2025 marks. This can lead to executive interference in the process," Chidambaram reasoned.

He said at present the competitive phase of the civil services exams ends with the allotment of Service and Cadre.

The Foundation Course (FC) is post-selection and post-allotment of Service and Cadre and is intended to bring the selected candidates together, weld them, and promote a spirit of camaraderie.

"The FC, currently, carries 300 marks. It is marked to ensure that the selected candidates take the FC seriously. The candidates' marks in the FC may affect the inter-se ranking of the candidates allotted to a particular Service/Cadre. Suppose ten candidates are allotted to the IAS-Tamil Nadu cadre. They have an inter-se rank. The FC marks may affect the inter-se ranking, but it will not change the fact that all ten candidates were allotted to the IAS (Service) and to Tamil Nadu (cadre)," Chidambaram said.

About the change proposed by the PMO, Chidambaram asked, "Who conducts the FC? Who sets the question paper for the examination at the end of the FC? Who marks the examination paper(s) of the candidates in the FC? It is officers appointed by the Executive government and answerable to the Executive government. The UPSC has absolutely no role to play. Firstly, the proposed change appears to be unconstitutional, as it is violative of Article 320. The selection for appointment to the service, now done solely by the UPSC, will be affected by the FC marks given by the executive government. I doubt if the proposed change can be implemented without amending Article 320."

He said the proposal of PMO will also greatly affect anonymity and objectivity of the exam.

"Preference of the Executive government and subjectivity will play a role in the allotment of Service and Cadre. Neither factor is desirable. There is a clear and present danger. Is the Centre planning another disruption. If yes, Why?"