Article 309 of the Indian Constitution talks about how people who work for the Union or a state are hired and what their working conditions are.
Let us delve deep into Article 309 of the Indian Constitution and have a better understanding of what is being said and done.
What Does Article 309 Of The Indian Constitution Say?
Let us break down the clause present in Article 309 of the Indian Constitution and have an in-depth understanding of the clause.
Clause – As it is & Explained
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 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
The clause in Article 309 of the Indian Constitution reflects on the enlistment and terms of duty for those who will be serving the Union or a State Public service and offices in connection with the business of the Union or of any State.
There may be established and the recruitment and terms of service of people assigned thereto may be regulated by Acts of the relevant Legislature, subject to the requirements of this Constitution.
It also says that until provision is made by or pursuant to law for the recruitment and conditions of service of persons appointed to such services and posts, 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 the Governor 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, shall have authority to make such rules.
Related – Article 305 Of The Indian Constitution
Summing Up
According to Article 309 of the Indian Constitution, the President and the Governor of a state may adopt regulations controlling the recruitment and conditions of service of anyone appointed to jobs related to Union or state matters.
These regulations may govern their appointment, promotion, transfer, and other employment terms. Parliament or the state legislature’s laws govern the President’s and Governor’s rules.
No Union or all-India government servant or state civil servant may be dismissed or removed by a subordinate authority.
FAQs On Article 309 Of The Indian Constitution
Here are some frequently asked questions about Article 309 of the Indian Constitution:
What does Article 309 of the Indian Constitution say?
Article 309 of the Indian Constitution deals with the provisions related to the recruitment and conditions of service of persons holding posts in connection with the affairs of the Union or of a state. It allows the President and the Governor of a state to make rules regulating the recruitment and the conditions of service of such persons and provides that these rules shall be subject to the provisions of any law made by Parliament or the state legislature.
What is the purpose of Article 309 of the Indian Constitution?
The purpose of Article 309 of the Indian Constitution is to provide for the recruitment and conditions of service of persons holding posts in connection with the affairs of the Union or of a state. It empowers the President and the Governor of a state to make rules regulating the recruitment and the conditions of service of such persons until provision on that behalf is made by or under an Act of the appropriate legislature.
What are the provisions of Article 309 of the Indian Constitution?
The main provisions of Article 309 of the Indian Constitution include:
The President and the Governor of a state may make rules regulating the recruitment and the conditions of service of persons appointed to hold posts in connection with the affairs of the Union or of a state.
These rules may provide for the appointment, promotion, transfer, and other conditions of service of such persons.
The rules made by the President and the Governor of a state shall be subject to the provisions of any law made by Parliament or the state legislature, as the case may be.
The rules made under this article shall have effect subject to the provisions of the Constitution and of any law made by Parliament or the state legislature.
No person who is a member of a civil service of the Union or an all-India service or holds a civil post under the Union or a state shall be dismissed or removed by an authority subordinate to that by which he was appointed.
Can the provisions of Article 309 of the Indian Constitution be amended?
Yes, the provisions of Article 309 of the Indian Constitution can be amended by Parliament through the process of a constitutional amendment. Any amendment to this article must be passed by a majority of the total membership of each House of Parliament and by a majority of not less than two-thirds of the members of each House present and voting.
