Part 14 of Indian Constitution, Articles, Amendments, Case Laws

Part 14 of Indian Constitution (Articles 308-323) deals with services under the Union and the States. It lays down rules regarding recruitment, conditions of service and protection of civil servants. It also provides for the establishment of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) to ensure fair and merit-based selection of government officials. This Part is important because it gives constitutional protection to civil servants (such as under Article 311) and ensures that public administration functions in a stable, impartial and efficient manner.

Articles under Part 14 of Indian Constitution

We have discussed all the articles related to Part 14 of the Indian Constitution in detail. 

Chapter I Services

Article 308: In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.

Article 309: Recruitment and conditions of service of persons serving the Union or a State. Parliament and State Legislatures can make laws to regulate the recruitment and service conditions of government employees under the Union and States.

Until such laws are made, the President (for Union services) and the Governor (for State services) can frame rules. These rules will apply until replaced by a law made by the Legislature.

Article 310: Tenure of Office of Persons Serving the Union or a State

310 (1): Members of defence services, All India Services and civil services of the Union or a State hold office during the pleasure of the President or the Governor.

310 (2): A person appointed under a special contract may receive compensation if the post is ended before the agreed period, provided it is not due to misconduct.

Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

311 (1): A civil servant of the Union or State cannot be dismissed or removed by an authority lower than the one who appointed him/her.

311 (2): A civil servant cannot be dismissed, removed or reduced in rank unless:

• A proper inquiry is conducted.
• The person is informed about the charges.
• The person is given a reasonable opportunity to defend himself/herself.

After the inquiry, punishment can be given based on the evidence found.

There is no need to give a separate chance to make a representation only about the proposed penalty.

Exceptions to Article 311(2)

This rule will not apply in the following cases:

(a) When the person is dismissed, removed or reduced in rank because of conviction in a criminal case.

(b) When the competent authority believes that it is not reasonably practicable to hold an inquiry, and records the reasons in writing.

(c) When the President or Governor believes that holding an inquiry is not in the interest of the security of the State.

311 (3): If there is a doubt about whether it is reasonably practicable to conduct the inquiry mentioned in Article 311(2), then the decision of the authority who has the power to dismiss, remove or reduce the rank of the employee will be final.

Article 312: All-India services

 312 (1): If the Council of States (Rajya Sabha) passes a resolution supported by two-thirds of members present and voting, saying it is necessary in the national interest, then Parliament can create one or more All India Services (including an All-India Judicial Service) common to both the Union and the States. Parliament will also regulate their recruitment and service conditions.

312 (2): The Indian Administrative Service (IAS) and Indian Police Service (IPS) existing at the start of the Constitution are considered as services created under this Article.

312 (3): The proposed All-India Judicial Service will not include posts below the rank of District Judge (as defined in Article 236).

312 (4): The law creating the All-India Judicial Service may make necessary changes in Chapter VI of Part VI. Such a law will not be treated as a Constitutional Amendment under Article 368.

Article 312 A: Power of Parliament to vary or revoke conditions of service of officers of certain services (inserted by the 28th Constitutional Amendment, 1972).

312 A (1): Parliament may by law-

(a) Parliament can change or cancel (even with retrospective effect) the service conditions related to salary, leave, pension, and disciplinary rights of persons who were appointed by the Secretary of State (British Government) to civil services before the Constitution and continued in service after 1972.

(b) Parliament can also change or cancel pension conditions of such persons who had retired before 1972.

Exception:

• If such a person held high constitutional posts like:
• Judge of the Supreme Court or High Court
• Comptroller and Auditor-General of India
• Member/Chairman of UPSC or State PSC
• Chief Election Commissioner

Parliament cannot change their service conditions to their disadvantage after appointment, except to the extent related to their earlier British service.

312 A (2): Except where Parliament makes a law under this Article, other legislatures or authorities can regulate service conditions under other constitutional provisions.

312 A (3): Neither the Supreme Court nor any other court shall have jurisdiction in-

1. Old agreements or service covenants made under British rule.
2. Rights and liabilities under Article 314 (as originally enacted).

312 A (4): This Article overrides Article 314 (original) and any other conflicting constitutional provisions.

Article 313: Transitional provisions

Until new provisions are made under the Constitution, all the laws that were in force before the Constitution started and were related to any public service or post, will continue to apply to All India Services or services under the Union or State, as long as they are not inconsistent with the Constitution.

Article 314: Provision for protection of existing officers of certain services

Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972.

Chapter II Public Service Commissions

Article 315: Public Service Commissions for the Union and for the States

315 (1): There shall be a Public Service Commission for the Union and a Public Service Commission for each State.

315 (2): Two or more States can agree to have a Joint State Public Service Commission. If the State Legislatures pass resolutions, Parliament can make a law to create such a Joint Commission.

315 (3): The law creating a Joint Commission may include necessary related and supporting provisions.

315 (4): The Union Public Service Commission can serve the needs of a State if the Governor requests it and the President approves.

315 (5): References in the Constitution to UPSC or State PSC mean the Commission serving the concerned Union or State in that particular matter.

Article 316: Appointment and term of office of members

316 (1): The Chairman and members of UPSC and Joint PSC are appointed by the President, and those of a State PSC by the Governor. As far as possible, about half the members should have at least 10 years of government service (including pre-Constitution service).

316 (2): Members hold office for 6 years or until 65 years (UPSC) and 62 years (State/Joint PSC), whichever is earlier. They may resign to the President or Governor and can be removed only under Article 317.

316 (3): A member cannot be reappointed to the same office after completing the term.

Article 317: Removal and suspension of a member of a Public Service Commission

317 (1): The Chairman or any member of a Public Service Commission can be removed by the President only on the ground of misbehaviour, after the Supreme Court conducts an inquiry (on reference by the President) and reports that the person should be removed.

317 (2): During the inquiry, the President (for UPSC/Joint PSC) or the Governor (for State PSC) may suspend the Chairman or member until the final decision is taken.

317 (3): The President may remove the Chairman or member without Supreme Court inquiry if he/she:

(a) is declared insolvent,

(b) takes up paid employment outside official duties during the term, or

(c) is unfit to continue due to mental or physical incapacity.

317 (4): If the Chairman or member has any personal interest in government contracts or gains profit from them (other than as a common shareholder), it is treated as misbehaviour under Clause (1).

Article 318: Power to make regulations as to conditions of service of members and staff of the Commission

318 (a): The President (for UPSC/Joint PSC) and the Governor (for State PSC) can decide the number of members of the Commission and their service conditions by making regulations.

318 (b): They can also decide the number of staff of the Commission and their service conditions.

The service conditions of a PSC member cannot be changed to his disadvantage after appointment.

Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members

319 (a): The Chairman of the Union Public Service Commission (UPSC) is not eligible for any further employment under the Government of India or any State Government.

319 (b): The Chairman of a State Public Service Commission can be appointed as the Chairman or member of UPSC or as the Chairman of another State PSC, but cannot hold any other government job.

319 (c): A member (other than Chairman) of UPSC can become the Chairman of UPSC or Chairman of a State PSC, but cannot hold any other government job.

319 (d): A member (other than Chairman) of a State PSC can become the Chairman or member of UPSC or the Chairman of that or any other State PSC, but cannot hold any other government job.

Article 320: Functions of Public Service Commissions

320 (1): It is the duty of UPSC and State PSCs to conduct examinations for appointments to Union and State services respectively.

320 (2): UPSC shall assist two or more States in joint recruitment for services requiring special qualifications, if requested.

320 (3): UPSC or State PSC must be consulted-

(a) on methods of recruitment to civil services and posts;

(b) on principles of appointments, promotions, transfers, and suitability of candidates;

(c) on disciplinary matters of civil servants, including petitions;

(d) on claims for payment of legal costs from the Consolidated Fund for acts done in official duty;

(e) on claims for pension due to injury in service and the amount of such pension. They must also advise on matters referred by the President or Governor.

The President (for Union services) and the Governor (for State services) may make regulations specifying cases where consultation with PSC is not necessary.

320 (4): Public Service Commission need not be consulted regarding matters of reservation under Article 16(4) or claims under Article 335.

320 (5): Regulations made by the President or Governor must be placed before Parliament or State Legislature for at least 14 days and may be modified or repealed by them.

Article 321: Power to extend functions of Public Service Commissions

Parliament or a State Legislature may make a law giving additional functions to the Union Public Service Commission or the State Public Service Commission in matters related to Union or State services. Such additional functions may also relate to services of local authorities, statutory bodies, or public institutions.

Article 322: Expenses of Public Service Commissions

The expenses of the Union Public Service Commission or a State Public Service Commission, including salaries, allowances and pensions of its members and staff, are charged on the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be.

Article 323: Reports of Public Service Commissions

323 (1): The Union Public Service Commission must submit an annual report to the President on its work. The President places this report before both Houses of Parliament along with a note explaining cases, if any, where the Commission’s advice was not accepted and the reasons for it.

323 (2): A State Public Service Commission must submit an annual report to the Governor, and a Joint Commission must submit reports to the Governors of the concerned States. The Governor places the report before the State Legislature along with reasons for non-acceptance of the Commission’s advice, if any.

Amendments Related to Part 14 of Indian Constitution

Part 14 of Indian Constitution, which deals with Services under the Union and the States, has been amended from time to time to strengthen administrative efficiency, ensure independence of Public Service Commissions, and modify service-related provisions according to changing governance needs.

• 7th Constitutional Amendment Act, 1956: The reorganization of States reorganized the administrative structure and adjusted services accordingly. It affected the recruitment and allocation of officers between the Union and the reorganized States. In relation to Part XIV, it laid the foundation for service conditions and cadre allocation of All-India Services under Article 312.
• 73rd and 74th Constitutional Amendments Act, 1992: The 73rd and 74th Constitutional Amendments added Panchayats (Part IX) and Municipalities (Part IX-A) to strengthen local self-government. This led to the creation of new local bodies and required proper service structures and recruitment systems for their functioning. Indirectly, Article 321 became important because it allows Parliament or State Legislatures to extend the functions of UPSC or State PSCs to services of local authorities and public institutions. Thus, these amendments indirectly influenced service administration under Part XIV by expanding governance to the local level.
• 28th Constitutional Amendment Act, 1972, Repeal of Article 314: Article 314 originally protected the special service conditions and privileges of former ICS (Indian Civil Service) officers after independence. It was repealed by the 28th Constitutional Amendment Act, 1972 to remove these special protections and bring uniformity in service conditions. This ensured equality among all civil servants and strengthened the principle of equal service conditions under Article 309. It also gave Parliament greater power to regulate service matters without special constitutional safeguards for pre-independence officers.

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Case Laws Related to Part 14 of Indian Constitution

Part 14 deals with services under the Union and the States. Various Supreme Court judgments have interpreted these provisions and clarified issues related to service conditions, recruitment, dismissal, and the role of Public Service Commissions.

• Jagdish Mitter v. Union of India (1963): The Supreme Court held that even a temporary or probationary employee gets protection under Article 311(2) if the termination order is punitive or stigmatic in nature. In this case, Jagdish Mitter’s service was terminated based on allegations of misconduct. The Court ruled that such termination was actually a punishment, and therefore, a proper inquiry and opportunity to be heard were required under Article 311(2).
• Mahendra Kumar v. Union of India (2018): The Supreme Court held that a government servant who is convicted by a criminal court can be dismissed, removed, or reduced in rank under Article 311(2)(a), even if the sentence is suspended or the person is on bail while filing an appeal. The Court also stated that when an inquiry is not held under Article 311(2)(b) or (c), the disciplinary authority must clearly record the reasons in writing.
• Sakinala Hari Nath v. State of Andhra Pradesh (1993): The Andhra Pradesh High Court held that Article 323A(2)(d), which allowed Parliament to exclude the jurisdiction of High Courts under Article 226 in matters related to Administrative Tribunals, is unconstitutional. The Court stated that the power of judicial review of High Courts under Article 226 is a basic feature of the Constitution and cannot be taken away.
• Union of India v. Soumitra Dey (2023): The Calcutta High Court held that terminating a probationary employee without giving an opportunity to be heard violates Article 311(2) if the termination is punitive in nature. In this case, the Court found that the termination was based on allegations and amounted to punishment without proper inquiry. Since due process was not followed, the employee was reinstated.
• Ram Pravesh Chauhan v. State of Bihar (2024): The Patna High Court set aside the dismissal of a Sub-Registrar because the disciplinary proceedings were not supported by proper evidence. The Court held that punishment cannot be based on weak or insufficient proof. It reiterated that Article 311 protects government servants from arbitrary dismissal and requires that disciplinary authorities base their decisions on clear and reliable evidence.
• Laishram Sushil Singh v. State of Manipur (2024): The Manipur High Court set aside the dismissal of a government employee made under Article 311(2)(c). The Court held that the Governor’s satisfaction that an inquiry is not required in the interest of State security must be based on clear material evidence and not on vague or irrelevant reasons.