Part XIV of the Indian Constitution (Articles 308 to 323)

Articles 308 to 323 of the Indian Constitution pertain to the regulation of public services under the Union and States, including provisions for recruitment, tenure, dismissal, and the establishment of public service commission’s and tribunals. Several landmark judgments have interpreted these provisions, particularly Article 311, which safeguards civil servants against arbitrary dismissal.

Article 308: Interpretation

• Definition of ‘State’: For the purposes of Part XIV, unless the context otherwise requires, the term “State” does not include the State of Jammu and Kashmir.

Article 309: Recruitment and Conditions of Service

• Legislative Authority: Parliament may make laws regulating the recruitment and conditions of service of persons serving the Union, and the State Legislature may make laws for persons serving the State.

Article 310: Tenure of Office

• Tenure: Persons serving the Union or a State hold office during the pleasure of the President or the Governor, respectively, subject to provisions of any law made under Article 309.

Article 311: Dismissal, Removal, or Reduction in Rank

• Protection: No person employed in civil capacities under the Union or a State shall be dismissed, removed, or reduced in rank except after an inquiry, where they are informed of the charges and given a reasonable opportunity to defend themselves.

Article 312: All-India Services

• Creation of Services: Parliament may create new All-India Services if a resolution is passed by the Rajya Sabha by not less than a majority of the total membership and a majority of not less than two-thirds of the members present and voting.

Article 313: Transitional Provisions

• Adaptation of Laws: Laws in force immediately before the commencement of the Constitution shall continue in force until altered or repealed by competent authority.

Article 314: Repealed

• Repeal: This article, which dealt with the first Chairman and members of the Union Public Service Commission, was repealed by the 42nd Amendment Act of 1976.

Chapter II: Public Service Commissions

Article 315: Constitution of Public Service Commissions

• Establishment: There shall be a Union Public Service Commission (UPSC) for the Union and a Public Service Commission for each State.

Article 316: Appointment and Term of Office of Members

• Appointment: The members of the UPSC are appointed by the President, and their term of office is determined by the President.

Article 317: Removal and Suspension of Members

• Removal: A member of the UPSC may be removed by the President on grounds of misbehavior after an inquiry.

Article 318: Power to Make Regulations

• Regulations: The President may make regulations specifying the conditions of service of members and staff of the Commission.

Article 319: Prohibition as to the Holding of Offices

• Post-Retirement Restrictions: No person who has been a member of a Public Service Commission shall hold any office under the Union or a State after ceasing to be a member.

Article 320: Functions of Public Service Commissions

• Duties:
  • Conduct examinations for appointments to services.
  • Assist States in framing and operating joint recruitment schemes.
  • Advise on methods of recruitment, promotions, transfers, and disciplinary matters.
  • Advise on claims for legal costs and pension awards.

Article 321: Power to Extend Functions

• Extension: Parliament or State Legislatures may provide for the exercise of additional functions by the UPSC or State Commissions concerning services of local authorities or other bodies.

Article 322: Expenses of Public Service Commissions

• Funding: The expenses of the UPSC or a State Commission, including salaries and allowances, shall be charged on the Consolidated Fund of India or the State.

Article 323: Reports of Public Service Commissions

• Annual Reports: The UPSC shall present an annual report to the President, who shall lay it before each House of Parliament, along with a memorandum explaining cases where its advice was not accepted.

Judgments

Article 311: Dismissal, Removal, or Reduction in Rank

Jagdish Mitter v. Union of India (1963)

The Supreme Court held that even temporary or probationary employees are entitled to the protections under Article 311(2) if the termination order is stigmatic.In this case, the Court found that the termination of Jagdish Mitter was punitive, as it was based on allegations of misconduct, thus requiring adherence to the procedural safeguards of Article 311(2).

Mahendra Kumar v. Union of India (2018)

The Court clarified that dismissal, removal, or reduction in rank of a government servant convicted by a criminal court is permissible under Article 311(2)(a), even if the sentence is suspended or the individual is on bail pending appeal.The Court emphasized that the disciplinary authority must record reasons in writing when dispensing with an inquiry under Article 311(2)(b) or (c).

Sakinala Hari Nath v. State of Andhra Pradesh (1993)

The Andhra Pradesh High Court ruled that Article 323-A(2)(d) of the Constitution, which empowers Parliament to exclude the jurisdiction of High Courts under Article 226 concerning administrative tribunals, is unconstitutional.The Court held that the power of judicial review of the High Court under Article 226 cannot be excluded by Article 323-A(2)(d).

Union of India v. Soumitra Dey (2023)

The Calcutta High Court reaffirmed that termination of a probationary employee without an opportunity to be heard violates the mandate of Article 311(2).In this case, the Court held that the termination was punitive and lacked due process, leading to the reinstatement of the employee.

Ram Pravesh Chauhan v. State of Bihar (2024)

The Patna High Court quashed the dismissal of a Sub Registrar, emphasizing that the disciplinary proceedings lacked adequate evidence.The Court reiterated that Article 311 protects against arbitrary dismissal and that the disciplinary authority must base its decisions on substantiated evidence.

Laishram Sushil Singh v. State of Manipur (2024)

The Manipur High Court set aside the dismissal of a government employee, stating that the Governor’s subjective satisfaction under Article 311(2)(c) must be based on material evidence and not on vague or extraneous grounds.The Court found that the dismissal was arbitrary and ordered reinstatement with full benefits.

Major Constitutional Amendments Affecting Articles 308–323:

7th Constitutional Amendment Act, 1956

• Impact:
  • Reorganized States and adjusted the structure of services accordingly.
  • Affected recruitment and allocation of officers between Union and reorganized States.
• Relevance to Part XIV: Laid the foundation for service conditions and cadre allocation for All-India Services under Article 312.

73rd and 74th Constitutional Amendments (1992)

• Context: Added Panchayati Raj and Municipalities (Parts IX and IX-A).
• Indirect Effect:
  • Led to creation of new local bodies, necessitating service structures for those bodies.
  • Article 321 became relevant as it allowed extension of UPSC or State PSC functions to services of such local bodies.

Repeal of Article 314 by 28th Constitutional Amendment Act, 1972

• Original Article 314: Guaranteed continuance of certain privileges of ICS (Indian Civil Service) officers post-independence.
• Repealed: To ensure uniformity of service conditions and remove special privileges.
• Effect: Strengthened the principle of equality in service conditions under Article 309.