28th Amendment of the Indian Constitution

The 28th Amendment of the Indian Constitution act deals with the service conditions of All-India service officers. Pension, Leave, remuneration and other rights which made these officials immutable required a change with the changed social order.

Part XIV deals with Union and State services. Article 312A was inserted in this part under Article 312 which deals with All India Services.

Let us get to know more about this amendment in detail for the UPSC exam.  

Background

Post the partition in 1947, the officers of the Indian Civil Services (ICS) were also divided between India and Pakistan. To avoid any conflict of interest and to protect the existing officers of the civil services, our constitution makers explicitly put forth Article 314 in Part XIV of our constitution.

In the early years, Civil servants for East India Company (EIC) used to be nominated by the Directors of the Company. Gradually, the process changed with exams being conducted in London and after much agitation in Allahabad (now Prayagraj) and Delhi.

These officers were considered immutable or irremovable for they were provided with the highest protection by the Company and Crown officials.

With the commencement of the constitution on January 26, 1950, these officers continued to enjoy protection under Article 314.

However, in the Twenty-third year of the Indian Republic, an amendment bill was tabled in the Parliament by Rajya Sabha member Ram Niwas Mirdha. This bill later formed the Twenty-Eighth Amendment Act, 1972.

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Statement of Objects and Reasons

With the changed social order, continuing with the immutable conditions of the Civil service officers would not have been a wise decision. To bring change in the service conditions and to become more stringent in the disciplinary matters of the officers, a bill seeking the deletion of Article 314 was tabled in Parliament.

The omission of Article 314 changed the conditions of service, the continuance in service, and rules for the pension of a person employed. 

Article 312A was added stating the new conditions of service of the officers.

28th Amendment of the Indian Constitution: Important Provisions

The Twenty-Eighth amendment of the Indian constitution introduced several significant changes. It changed the conditions of service. Article 314 was deleted and Article 312A was inserted into the Constitution.

Article 312A in simple terms states the following :

“312A. Power of Parliament to vary or revoke conditions of service of officers of certain services (1) Parliament may by law –

1. Change or revoke the rights to disciplinary action of individuals who were appointed by the Secretary of State or Secretary of State in Council to the civil service of the Crown in India prior to the implementation of this Constitution and who continue to serve under it after the implementation of THE CONSTITUTION (Twenty-eighth Amendment) Act, 1972, whether prospectively or retrospectively.    
   • Continuing on or after this 28th Amendment Act,1972.
   •  Retired or not in service at the time or before the commencement of this act.
2. In case of people holding positions like that of CJI or Chief Justice of High Court, CAG, Chairman or other members of UPSC or SPSC or Chief Election Commissioner, Parliament will not have the power to change the conditions of service to their disadvantage for the sole reason of them being appointed by the Crown officials.
3. Nothing in this Article will hamper the power of any Legislature or authority to change the conditions of service of people employed except to the extent provided in the law made by Parliament.
4. Neither the Supreme court nor any other court shall have jurisdiction in the disputes regarding clauses of this Article or rights or obligations under Article 314 (repealed).

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Conclusion

After twenty-three years of independence, the social order in India changed. To grow with this change, amendments were required regarding the conditions of service of the officials.

The Twenty-Eighth Amendment Act, 1972, brought the required changes by inserting a new Article 312A after article 312 and repealing the original Article 314.

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