There should, I submit, be some limitation. Had it merely been a question of the personal responsibility of the President or the Governor or the Ruler, things might have been different. A President or a governor or a Ruler of a State will have no personal axe to grind and in that case things may have been left to his discretion. But the power which is attempted to be conferred upon these authorities by the existing proviso to leave no discretion in them but to allow the Ministry functioning to use their sacred name to serve their own personal ends. We already know and it is freely given out that there is considerable amount of jobbery in giving appointments from the highest to the lowest quarters. Sometimes, the Public Service Commission is by-passed by giving anticipatory appointments-temporary appointments- and then there is an attempt to face the Service Commission with an accomplished fact saying that here was a candidate in an unhappy situation who had worked for some time and has obtained experience and so on and should on that account receive special consideration. There is a tendency-very natural tendency-on the part of Ministries both at the Centre and in the Provinces to by-pass even existing rules, and if we allow the Proviso to stand as it is, it will mean that a particular Ministry may think it necessary to exempt a particular class of Service from the jurisdiction of the Public Service Commission. That is, I submit, a sufficient justification for introducing some kind of Limitation. The qualification I seek to introduce through the new proviso is that where a service carries a maximum pay of Rs. 500 in the case of Union Services and a Service carrier a maximum pay of Rs. 250 in the case of State Services, it shall be compulsory on the part of the Central or the State authorities to submit the matter to the Public Service Commission.
