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Report No. 58

Security-the counter balancing principle

8.4. The rigour of this rule is, however, set off by another principle-which, in England, is only a convention, but in India has been given the status of a constitutional provision-where under the civil servant has a very high degree of security. Here the principal1 this: It is important that those who are most closely concerned with the higher administration of the public services should, in fact, enjoy security of tenure, without which it would be difficult to ensure continuity of loyal service to successive Ministers of different political parties. It is to be borne in mind that in contrast with private employees, civil servants have to serve a master which in theory is an abstraction (the State), and in practice operates through official superiors. The synthesis between the two principles, apparently in conflict with each other, is achieved in the Constitution,2 as we shall explain later.3

1. Wade & Phillips Constitutional Law, (1970), pp. 218 and 680-682.

2. Articles 310 and 311.

3. Paras. 8.13 and 8.14, infra.

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