PART XIV SERVICES UNDER THE UNION AND THE STATES · CHAPTER I.— SERVICES

Article 309: Recruitment and conditions of service of persons serving the Union or a State

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 ¹*** 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.

Footnotes in the official text

1.The words "or Rajpramukh" omitted by s.29 and Sch., ibid (w.e.f. 1-11-1956).

Leading cases

Union of India v. Tulsiram Patel (1985)The majority held that when a clause of the second proviso to Article 311(2) applies, no inquiry or opportunity of hearing need be given, that Article 14 cannot reintroduce it, and overruled Challappan on hearing before penalty.

Questions on this article

2 questions in 6 of our papers cite Article 309. Try these from the free papers:

1. Consider the following statements with reference to Article 309 of the Constitution: 1. Under the proviso, the President or a person he directs may make rules regulating recruitment and conditions of service for services and posts in connection with the affairs of the Union, until provision is made by or under an Act of the appropriate Legislature. 2. Rules made under the proviso have effect subject to the provisions of any Act made under Article 309. 3. Once rules are made under the proviso, the appropriate Legislature can no longer regulate the same matters by an Act. Which of the statements given above is/are correct?

Practise questions on Constitutional Law