Under the proviso to Article 312(1) of the Constitution, Parliament may by law provide for the creation of a new all-India service, including an all-India judicial service, only if -

Article 312(1) empowers Parliament by law to provide for the creation of one or more all-India services common to the Union and the States. The proviso to Article 312(1) requires that before such a law is enacted, the Rajya Sabha must declare by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do. This special requirement recognises that all-India services, being common to the Union and the States, affect the federal balance, and the Rajya Sabha is the chamber representing the States.