14Part XIV (A:308-323): Services Under the Union and the States
· Article 308 :
Interpretation
308. In this
Part, unless the context otherwise requires, the expression "State"
[does not include the State of Jammu and Kashmir]*.
--------------------
* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for
"means a State specified in Part A or Part B of the First Schedule"
· Article 309 :
Recruitment and conditions of service of persons serving the Union or a State
309. Subject to
the provisions of this Constitution, Acts of the appropriate Legislature may
regulate the recruitment, and conditions of service of persons appointed, to
public services and posts in connection with the affairs of the Union or of any
State:
Provided that it shall be competent for the President or such person as he may
direct in the case of services and posts in connection with the affairs of the
Union, and for the Governor * of a State or such person as he may direct in the
case of services and posts in connection with the affairs of the State, to make
rules regulating the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf is made by
or under an Act of the appropriate Legislature under this article, and any
rules so made shall have effect subject to the provisions of any such Act.
--------------------
* The words "or Rajpramukh" omitted by s. 29 and Sch., ibid
· Article 310 :
Tenure of office of persons serving the Union or a State
310. (1) Except
as expressly provided by this onstitution, every person who is a member of a
defence service or of a civil service of the Union or of an all-India service
or holds any post connected with defence or any civil post under the Union
holds office during the pleasure of the President, and every person who is a
member of a civil service of a State or holds any civil post under a State
holds office during the pleasure of the Governor * of the State.
(2) Notwithstanding that a person holding a civil post under the Union or a
State holds office during the pleasure of the President or, as the case may be,
of the Governor ** of the State, any contract under which a person, not being a
member of a defence service or of an all-India service or of a civil service of
the Union or a State, is appointed under this Constitution to hold such a post
may, if the President or the Governor ***, as the case may be, deems it
necessary in order to secure the services of a person having special
qualifications, provide for the payment to him of compensation, if before the
expiration of an agreed period that post is abolished or he is, for reasons not
connected with any misconduct on his part, required to vacate that post.
--------------------
* The words "or, as the case may be, the Rajpramukh" omitted by s. 29
and Sch., ibid
** The words "or the Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
*** The words "or the Rajpramukh" omitted by s. 29 and Sch., ibid
· Article 311 :
Dismissal, removal or reduction in rank of persons employed in civil capacities
under the Union or a State
311. (1) No
person who is a member of a civil service of the Union or an all-India service
or a civil service of a State or holds a civil post under the Union or a State
shall be dismissed or removed by an authority subordinate to that by which he
was appointed.
[(2) No such person as aforesaid shall be dismissed or removed or reduced in
rank except after an inquiry in which he has been informed of the charges against
him and given a reasonable opportunity of being heard in respect of those
charges **:
[Provided that where it is proposed after such inquiry, to impose upon him any
such penalty, such penalty may be imposed on the basis of the evidence adduced
during such inquiry and it shall not be necessary to give such person any
opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply-]***
(a) where a person is dismissed or removed or reduced in rank on the ground of
conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce
him in rank is satisfied that for some reason, to be recorded by that authority
in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that
in the interest of the security of the State it is not expedient to hold such
inquiry.
(3) If, in respect of any such person as aforesaid, a question arises whether
it is reasonably practicable to hold such inquiry as is referred to in clause
(2), the decision thereon of the authority empowered to dismiss or remove such
person or to reduce him in rank shall be final.]*
--------------------
* Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls.
(2) and (3)
** Certain words omitted by the Constitution (Forty-second Amendment) Act,
1976, s. 44 (w.e.f. 3-1-1977)
*** Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977)
· Article 312 :
All-India services
312. (1)
Notwithstanding anything in [Chapter VI of Part VI or Part XI]*, if the Council
of States has declared by 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, Parliament may by law provide for the creation of
one or more all India services [(including an all-India judicial service)]**
common to the Union and the States, and, subject to the other provisions of
this Chapter, regulate the recruitment, and the conditions of service of
persons appointed, to any such service.
(2) The services known at the commencement of this Constitution as the Indian
Administrative Service and the Indian Police Service shall be deemed to be
services created by Parliament under this article.
[(3) The all-India judicial service referred to in clause (1) shall not include
any post inferior to that of a district judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service
aforesaid may contain such provisions for the amendment of Chapter VI of Part
VI as may be necessary for giving effect to the provisions of that law and no
such law shall be deemed to be an amendment of this Constitution for the
purposes of article 368.]**
--------------------
* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for
"Part XI" (w.e.f. 3-1-1977)
** Ins. by s. 45, ibid. (w.e.f. 3-1-1977)
· Article 312A :
Power of Parliament to vary or revoke conditions of service of officers of
certain services
[312A. (1)
Parliament may by law-
(a) vary or revoke, whether prospectively or retrospectively, the conditions of
services as respects remuneration, leave and pension and the rights as respects
disciplinary matters of persons who, having been appointed by the Secretary of
State or Secretary of State in Council to a civil service of the Crown in India
before the commencement of this Constitution, continue on and after the
commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve
under the Government of India or of a State in any service or post;
(b) vary or revoke, whether prospectively or retrospectively, the conditions of
service as respects pension of persons who, having been appointed by the
Secretary of State or Secretary of State in Council to a civil service of the
Crown in India before the commencement of this Constitution, retired or
otherwise ceased to be in service at any time before the commencement of the Constitution
(Twenty-eighth Amendment) Act, 1972:
Provided that in the case of any such person who is holding or has held the
office of the Chief Justice or other Judge of the Supreme Court or a High
Court, the Comptroller and Auditor-General of India, the Chairman or other
member of the Union or a State Public Service Commission or the Chief Election
Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as
empowering Parliament to vary or revoke, after his appointment to such post, the
conditions of his service to his disadvantage except in so far as such
conditions of service are applicable to him by reason of his being a person
appointed by the Secretary of State or Secretary of State in Council to a civil
service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this article,
nothing in this article shall affect the power of any Legislature or other
authority under any other provision of this Constitution to regulate the
conditions of service of persons referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in-
(a) any dispute arising out of any provision of, or any endorsement on, any
covenant, agreement or other similar instrument which was entered into or
executed by any person referred to in clause (1), or arising out of any letter
issued to such person, in relation to his appointment to any civil service of
the Crown in India or his continuance in service under the Government of the
Dominion of India or a Province thereof;
(b) any dispute in respect of any right, liability or obligation under article
314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding anything
in article 314 as originally enacted or in any other provision of this
Constitution.]*
--------------------
* Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f.
29-8-1972)
· Article 313 :
Transitional provisions
313. Until
other provision is made in this behalf under this Constitution, all the laws in
force immediately before the commencement of this Constitution and applicable
to any public service or any post which continues to exist after the
commencement of this Constitution, as an all-India service or as service or post
under the Union or a State shall continue in force so far as consistent with
the provisions of this Constitution.
· Article 314 :
[Repealed.]
314. [Provision
for protection of existing officers of certain services.] Rep. by the
Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972)
· Article 315 :
Public Service Commissions for the Union and for the States
315. (1)
Subject to the provisions of this article, there a Public Service Commission
for each State.
(2) Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is
passed by the House or, where there are two Houses, by each House of the
Legislature of each of those States, Parliament may by law provide for the
appointment of a Joint State Public Service Commission (referred to in this
Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and consequential
provisions as may be necessary or desirable for giving effect to the purposes
of the law.
(4) The Public Service Commission for the Union, if requested so to do by the
Governor * of a State, may, with the approval of the President, agree to serve
all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service Commission or a
State Public Service Commission shall, unless the context otherwise requires,
be construed as references to the Commission serving the needs of the Union or,
as the case may be, the State as respects the particular matter in question.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
· Article 316 :
Appointment and term of office of members
316. (1) The
Chairman and other members of a Public Service Commission shall be appointed,
in the case of the Union Commission or a Joint Commission, by the President,
and in the case of a State Commission, by the Governor * of the State:
Provided that as nearly as may be one-half of the members of every Public
Service Commission shall be persons who at the dates of their respective
appointments have held office for at least ten years either under the
Government of India or under the Government of a State, and in computing the
said period of ten years any period before the commencement of this
Constitution during which a person has held office under the Crown in India or
under the Government of an Indian State shall be included.
**[(1A) If the office of the Chairman of the Commission becomes vacant or if
any such Chairman is by reason of absence or for any other reason unable to
perform the duties of his office, those duties shall, until some person
appointed under clause (1) to the vacant office has entered on the duties
thereof or, as the case may be, until the Chairman has resumed his duties, be
performed by such one of the other members of the Commission as the President,
in the case of the Union Commission or a Joint Commission, and the Governor of
the State in the case of a State Commission, may appoint for the purpose.
(2) A member of a Public Service Commission shall hold office for a term of six
years from the date on which he enters upon his office or until he attains, in
the case of the Union Commission, the age of sixty-five years, and in the case
of a State Commission or a Joint Commission, the age of [sixty-two years]***,
whichever is earlier:
Provided that-
(a) a member of a Public Service Commission may, by writing under his hand
addressed, in the case of the Union Commission or a Joint Commission, to the
President, and in the case of a State Commission, to the Governor * of the
State, resign his office;
(b) a member of a Public Service Commission may be removed from his office in
the manner provided in clause (1) or clause (3) of article 317.
(3) A person who holds office as a member of a Public Service Commission shall,
on the expiration of his term of office, be ineligible for re-appointment to
that office.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
** Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11
*** Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for
"sixty years"
· Article 317 :
Removal and suspension of a member of a Public Service Commission
317. (1)
Subject to the provisions of clause (3), the Chairman or any other member of a
Public Service Commission shall only be removed from his office by order of the
President on the ground of misbehaviour after the Supreme Court, on reference
being made to it by the President, has, on inquiry held in accordance with the
procedure prescribed in that behalf under article 145, reported that the
Chairman or such other member, as the case may be, ought on any such ground to
be removed.
(2) The President, in the case of the Union Commission or a Joint Commission,
and the Governor * in the case of a State Commission, may suspend from office
the Chairman or any other member of the Commission in respect of whom a
reference has been made to the Supreme Court under clause (1) until the
President has passed orders on receipt of the report of the Supreme Court on
such reference.
(3) Notwithstanding anything in clause (1), the President may by order remove
from office the Chairman or any other member of a Public Service Commission if
the Chairman or such other member, as the case may be,-
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties
of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason
of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or
becomes in any way concerned or interested in any contract or agreement made by
or on behalf of the Government of India or the Government of a State or
participates in any way in the profit thereof or in any benefit or emolument
arising therefrom otherwise than as a member and in common with the other members
of an incorporated company, he shall, for the purposes of clause (1), be deemed
to be guilty of misbehaviour.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
· Article 318 :
Power to make regulations as to conditions of service of members and staff of
the Commission
318. In the
case of the Union Commission or a Joint Commission, the President and, in the
case of a State Commission, the Governor * of the State may by regulations-
(a) determine the number of members of the Commission and their conditions of
service; and
(b) make provision with respect to the number of members of the staff of the
Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
· Article 319 :
Prohibition as to the holding of offices by members of Commission on ceasing to
be such members
319. On ceasing
to hold office-
(a) the Chairman of the Union Public Service Commission shall be ineligible for
further employment either under the Government of India or under the Government
of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public Service
Commission or as the Chairman of any other State Public Service Commission, but
not for any other employment either under the Government of India or under the
Government of a State;
(c) a member other than the Chairman of the Union Public Service Commission
shall be eligible for appointment as the Chairman of the Union Public Service
Commission, or as the Chairman of a State Public Service Commission, but not
for any other employment either under the Government of India or under the
Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall
be eligible for appointment as the Chairman or any other member of the Union
Public Service Commission or as the Chairman of that or any other State Public
Service Commission, but not for any other employment either under the
Government of India or under the Government of a State.
· Article 320 :
Functions of Public Service Commissions
320. (1) It
shall be the duty of the Union and the State Public Service Commissions to
conduct examinations for appointments to the services of the Union and the
services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in framing
and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service Commission,
as the case may be, shall be consulted-
(a) on all matters relating to methods of recruitment to civil services and for
civil posts;
(b) on the principles to be followed in making appointments to civil services
and posts and in making promotions and transfers from one service to another
and on the suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the Government
of India or the Government of a State in a civil capacity, including memorials
or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served
under the Government of India or the Government of a State or under the Crown
in India or under the Government of an Indian State, in a civil capacity, that
any costs incurred by him in defending legal proceedings instituted against him
in respect of acts done or purporting to be done in the execution of his duty
should be paid out of the Consolidated Fund of India, or, as the case may be,
out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained by
a person while serving under the Government of India or the Government of a
State or under the Crown in India or under the Government of an Indian State,
in a civil capacity, and any question as to the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the
case may be, the Governor * of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor **, as respects other services and posts in connection with
the affairs of a State, may make regulations specifying the matters in which
either generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to be
consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to be
consulted as respects the manner in which any provision referred to in clause
(4) of article 16 may be made or as respects the manner in which effect may be
given to the provisions of article 335.
(5) All regulations made under the proviso to clause (3) by the President or
the Governor * of a State shall be laid for not less than fourteen days before
each House of Parliament or the House or each House of the Legislature of the
State, as the case may be, as soon as possible after they are made, and shall
be subject to such modifications, whether by way of repeal or amendment, as
both Houses of Parliament or the House or both Houses of the Legislature of the
State may make during the session in which they are so laid.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
** The words "or Rajpramukh, as the case may be" omitted by s. 29 and
Sch., ibid
· Article 321 :
Power to extend functions of Public Service Commissions
321. An Act made
by Parliament or, as the case may be, the Legislature of a State may provide
for the exercise of additional functions by the Union Public Service Commission
or the State Public Service Commission as respects the services of the Union or
the State and also as respects the services of any local authority or other
body corporate constituted by law or of any public institution.
· Article 322 :
Expenses of Public Service Commissions
322. The
expenses of the Union or a State Public Service Commission, including any
salaries, allowances and pensions payable to or in respect of the members or
staff of the Commission, shall be charged on the Consolidated Fund of India or,
as the case may be, the Consolidated Fund of the State.
· Article 323 :
Reports of Public Service Commissions
323. (1) It
shall be the duty of the Union Commission to present annually to the President
a report as to the work done by the Commission and on receipt of such report
the President shall cause a copy thereof together with a memorandum explaining,
as respects the cases, if any, where the advice of the Commission was not
accepted, the reasons for such non-acceptance to be laid before each House of
Parliament.
(2) It shall be the duty of a State Commission to present annually to the
Governor * of the State a report as to the work done by the Commission, and it
shall be the duty of a Joint Commission to present annually to the Governor *
of each of the States the needs of which are served by the Joint Commission a
report as to the work done by the Commission in relation to that State, and in
either case the Governor **, shall, on receipt of such report, cause a copy
thereof together with a memorandum explaining, as respects the cases, if any,
where the advice of the Commission was not accepted, the reasons for such
non-acceptance to be laid before the Legislature of the State.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
** The words "or Rajpramukh, as the case may be" omitted by s. 29 and
Sch., ibid