Article 309 of Constitution: Recruitment and Conditions of Service for Public Servants
Article 309 – Recruitment and Conditions of Service for Public Servants
Text of Article 309 (Summary):
Article 309 empowers Parliament and State Legislatures to make laws regulating:
Recruitment
Conditions of service
Applies to persons serving under the Union or State Governments, including civil servants.
Purpose:
To ensure a uniform framework for recruitment and service conditions for government employees.
Allows flexibility for Parliament and States to enact specific rules, while maintaining constitutionality and equality.
Key Features
Legislative Power
Parliament can make laws for Union Government employees.
State Legislatures can make laws for State Government employees.
Scope
Recruitment procedures, appointment rules, promotion, seniority, pay scales, leave, pension, and other service conditions.
Includes all civil services and government employees, whether permanent or temporary.
Rules and Regulations
The Union or State Governments can frame rules under Article 309 for detailed implementation of recruitment and service conditions.
These rules are subject to statutory enactments passed by the legislature.
Judicial Review
Rules made under Article 309 are subject to judicial review to ensure constitutionality, non-arbitrariness, and equality.
Significance
Uniformity in Public Service
Ensures standardized recruitment and service conditions across various government departments.
Flexibility for Legislatures
Parliament and State Legislatures can adapt rules based on administrative needs.
Protection of Rights of Employees
Employees have legal recourse if rules or appointments violate equality or natural justice principles.
Basis for Administrative Tribunals
Article 309, together with Article 323A, provides legal support for Administrative Tribunals to adjudicate service matters.
Important Case Laws
Union of India v. Tulsiram Patel (1985)
Supreme Court held that service rules framed under Article 309 are subordinate legislation.
Courts can examine whether such rules violate equality, natural justice, or other constitutional provisions.
A.K. Gopalan v. State of Madras (1950)
Discussed the scope of legislative power to regulate service conditions of public servants under the Constitution.
Somnath Chatterjee v. Union of India (1995)
Highlighted that temporary and permanent government employees are governed by recruitment and service rules framed under Article 309.
State of U.P. v. Dr. Krishna Kant Shukla (1965)
Emphasized that recruitment rules must comply with statutory provisions and principles of fairness, even if framed under Article 309.
Conclusion
Article 309 provides the constitutional foundation for regulating recruitment and service conditions of government employees, ensuring uniformity, flexibility, and legal safeguards. While it empowers legislatures to make rules, the courts retain the power to examine their constitutionality, protecting employees’ rights and maintaining administrative fairness.
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