proved merit and ability domiciled

in British India, and born of parents

habitually resident in India and not established there for temporary purposes only, although the person so appointed has not been admitted to that service in accordance with the foregoing provisions of this Act.

(2) Every such appointment shall be made subject to such rules as may be prescribed by the Governor-General in Council and sanctioned by the Secretary of State in Council with the concurrence of a majority of votes at a meeting of the Council of India.

(3) The Governor-General in Council may, by resolution, define and limit the qualifications of persons who may be appointed under this section, but every resolution made for that purpose shall be subject to the sanction of the Secretary of State in Council, and shall not have force until it has been laid for thirty days before both Houses of Parliament.

100. (1) Where it appears to the authority in India, by whom an appointment is to be made to any office reserved to members of the Indian Civil Service, that a person not being a member of that service ought, under the special circumstances of the case, to be appointed thereto, the authority may appoint thereto any person who has resided for at least seven years in India, and his appointment, fulfilled all the tests, (if any) which would be like case on a member of that service.

who has, before

imposed in the

(2) Every such appointment shall be provisional only, and shall forthwith be reported to the Secretary of State, with the special reasons for making it: and, unless the Secretary of State in Council approves the appointment, with the concurrence of a majority of votes at a meeting of the Council of India, and within 12 months of the date of appointment intimates such approval to the authority by whom the appointment was made, the appointment shall be cancelled.

1.

The Fundamentals of Public Service in India.

The service of the East India Company in India was composed of three grades:-Writers, Factors and Merchants. The pay and conditions of service, during the period that the Company was merely a body of merchants, may perhaps have been adequate; but as the Company began to be transformed into a ruling sovereign body, the emoluments of its servants became wretchedly insufficient, and the temptation to provide against a rainy day by illicit means became irresistible. The abuses thus creeping into the service had attracted the attention of authorities

both at home and in India; and attempts were made by men like Clive and Hastings to check the rapacity of the Company's servants by removing the possibility of temptation from their way. Besides, the training of the Company's servants was utterly inadequate to help them in the discharge of their duties as administrators. It was not, however, till the days of Lord Cornwallis that the Public Service of the country was organised on a more satisfactory basis. Three main principles governed the new institution, to which the name of the Covenanted Service of the East India Company was given. These were: (1) that every civil servant should enter into a covenant not to engage into trade, nor receive presents from the natives, and to subscribe for the pension fund. In return the Company bound themselves to provide a handsome scale of pay and regular promotion, as also a certain pension for every servant retiring after a certain number of years of service. The Company also undertook to set apart a certain number of the more important posts in its service in India for men so drafted. This principle is maintained almost intact even to-day. The civil servant of to-day has not only to enter into a covenant as before; he must also observe the Government Servants' Conduct Rules, which are applicable to every public servant in India, however chosen. The scale of pay, allowances and pension remains almost unchanged. Every retiring Civil Servant-whether before his retirement he was a Lieutenant Governor, a High Court Judge, or merely a District Officer-gets the same pension of £1000 a year; while the widows and orphans of the deceased members of the service are provided for by an annuity fund to which every civilian, married or single, must subscribe. As regards the number of posts reserved for the members of the covenanted service, the Act of 1793, modified by the Indian Civil Service Act of 1861, offered them the posts of Secretaries and UnderSecretaries to Government, Commissioners of Revenue, Civil and Sessions Judges, Magistrates and Collectors of Districts etcThe present Act reserves for them the offices of:

Secretary, joint secretary and deputy secretary In every department except the Army, Marine, Education,

Foreign, Political, and Public Works Departments: Provided that if the office of secretary or deputy secretary in the Legislative Department is filled from among the members of the Indian Civil Service, then the office of deputy secretary or secretary in that department, as the case may be, need not be so filled.

2. Three offices of Accountants General.

B.-Offices in the provinces which were known in the year 1861 as "Regulation Provinces."

6. Secretary in every department except the Public Works or Marine Departments.

7. Secretary to the Board of Revenue.

8. District or sessions judge.

9. Additional district or sessions judge.

10. District magistrate.

11. Collector of Revenue or Chief Revenue Officer of a district.

Though so many offices are reserved for the members of the Indian Civil Service as the covenanted service is now calledthey by no means exhaust the list. It has been said that nearly

one-fourth of the members of the service-now aggregating over 1300 men-are employed in posts not exclusively reserved for them. They serve in Native States, in the Post Office, in the Police department, in important Municipalities, and great Public Trusts like the Port Trust or the City Improvement Trust in Bombay. On the other hand, it must be added, that recent statutes, beginning from 1870, have enabled the authorities in India to appoint to posts reserved for the members of the Civil Service, men who have not passed the test of the service. Such appointments are made from amongst men of proved merit and ability in accordance with rules made by the Governor-General in Council, and sanctioned by the Secretary of State in Council with a majority of votes at a meeting of the India Council.

The second principle accepted in 1793 was that the first appointments to the service should be made by the Directors of the Company in England-without any interference by the authorities in India, while the subsequent promotion of men once appointed should depend entirely upon the authorities in India without any interference from home. This principle has been modified to some extent in the course of time. The right of nomination of the Directors was taken away in 1853 when the service was thrown open to competition among the natural born subjects of Her Majesty, and that system was maintained by the Act of 1858, and is accepted by the present Act. Still the principle remained that the first appointments should be made in England by the Secretary of State upon the recommendation of the Civil Service Commissioners. Even this was modified in 1870. The Charter Act of 1833 and the Queen's Proclamation of 1858 had distinctly promised that the public service will not be closed to the natives of the country by reason merely of their caste, colour, or creed, and that the only requirement of recruiting would be merit and efficiency. But the fact that the first appointments were to be made in England operated by itself as a bar to the admission of Indians in the service of their country. Men who were able to pass any, the most stringent, test were, however, precluded from serving their

country honourably and profitably, because they were unable to bear the expense of a protracted residence in England and unwilling to run the social risks of a voyage to Europe. This was impressed upon the authorities at home, and the Act of 1870 was passed, which, after reciting that "It is expedient that additional facilities should be given for the employment of Natives of India, of proved merit and ability, in the Civil Service of Her Majesty in India," authorised the appointment of Natives of India to posts in the civil service irrespective of the statutory restriction, and subject only to rules made by the Governor-General in Council and sanctioned by the Secretary of State and a majority of his council. This Act, however, could not be carried into effect at once. It was not till 1876 that rules were framed by the Governor-General in Council which threw open to the natives of India of "proved ability and merit" onesixth of the posts usually held by members of the Indian Civil Service. Thus in Bombay 2 posts of Collectors, 1 of Talukdari Settlement Officer on the Revenue side, 2 posts of District and Sessions Judges, 3 posts of Assistant Judges, 1 post of the Registrar of the High Court, once held by the members of the Indian Civil Service, are now open to natives of India not belonging to the Civil Service proper. But the rules did not work satisfactorily in practice. Though the intention of the Government of India was sought to be given effect to by reducing to fivesixths the appointments made in England, between 1876 and 1889 only about 60 Indians could be appointed to this "Statutory Civil Service" as it was called. Already in 1886 a commission was appointed by the Government of India under the presidency of Sir C. Aitchison-"to devise a scheme which might reasonably be hoped to possess the necessary elements of finality, and to do full justice to the claims of natives of India to higher employment in the public service." The Commission was a representative body, and made recommendations under which the following scheme was framed.

"The Civil Service for the management of the higher branches of the executive and judicial administration is divided