Article 309 of the Costitution of India with Case law

🇮🇳 Article 309 of the Constitution of India

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

🔹 Bare Text of Article 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 or such person as he may direct in the case of services and posts in connection with the affairs of a 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.”

🧩 Explanation:

Article 309 gives constitutional authority for:

Making laws and rules related to recruitment and conditions of service of civil servants.

It allows both:

Parliament for Union services

State Legislatures for State services

Until laws are enacted by legislatures, President (for Union) or Governor (for States) can make provisional rules (commonly known as service rules).

⚖️ Purpose and Scope:

FeatureDetail
RegulatesRecruitment, promotion, retirement, leave, pay, conduct, discipline, etc.
Applies toCentral & State Government servants
AllowsLegislature to pass laws; Executive to make interim rules
Subject toOther provisions of the Constitution (e.g., fundamental rights)

🧑‍⚖️ Important Case Laws on Article 309:

🔸 1. B.S. Yadav v. State of Haryana, AIR 1981 SC 561

Held: Rules made under Article 309 are statutory in nature.

Even though they are made by the executive, they carry the force of law.

🔸 2. T. Cajee v. U. Jormanik Siem, AIR 1961 SC 276

Held: Governor can delegate rule-making power, but not legislative power.

Rules made by the Governor under Article 309 are valid unless overridden by an act of the legislature.

🔸 3. Ex-Capt. K.C. Arora v. State of Haryana, (1984) 3 SCC 281

Held: Rules framed under Article 309 continue to be valid until repealed or amended.

Such rules must comply with fundamental rights and other constitutional provisions.

🔸 4. Union of India v. Tulsiram Patel, AIR 1985 SC 1416

Concerned disciplinary actions and dismissal without inquiry under Article 311.

Article 309 rules must conform to Article 311, particularly in matters of dismissal.

🔸 5. State of M.P. v. Shardul Singh, AIR 1970 SC 150

Held: If there’s a conflict between legislative enactment and rules under Article 309, the legislation prevails.

📄 Examples of Rules under Article 309:

Central Civil Services (Conduct) Rules, 1964

Central Civil Services (Classification, Control & Appeal) Rules, 1965

All India Services (Discipline and Appeal) Rules

These are all issued under the authority of Article 309 and govern working conditions, ethics, and disciplinary matters.

📌 Key Takeaways:

AspectDetail
Type of ArticleEnabling / Administrative
AllowsCreation of service laws and rules
Provisional PowerWith President or Governor until legislature acts
Rules' NatureStatutory but subordinate to laws made by Parliament/State
Subject toConstitutional limitations and fundamental rights

🧭 Related Articles:

ArticleSubject
310Tenure of office (“pleasure of the President/Governor”)
311Dismissal, removal or reduction in rank of civil servants
312All-India Services creation

 

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