Article 313 of the Indian Constitution deals with the transitional provision and is enshrined in Part XIV of this Constitution. The said Part deals with the Articles having provisions revolving around the “Services Under The Union And The States.”
Provisions Of Article 313 Of The Indian Constitution
The constitutional provisions of said Article are as follows:
All laws in effect immediately before the start of this Constitution that apply to any public service or post that remains in existence after the beginning of this Constitution, whether it be an all-India service, service, or post under the Union or a State, shall continue to apply to such positions until new provisions in this regard are enacted under this Constitution, insofar as they are consistent with its provisions.
Background
On September 8, 1949, a discussion centered around Draft Article 283 (Article 313, Constitution of India 1950). The said Article was primarily transitory in nature and specified that all laws in effect before the Constitution’s commencement would continue to be applicable to all public offices and services even after the Constitution was put into effect.
The Chairman of the Drafting Committee proposed an amendment to replace the Draft Article with a different one that contained some minor semantic adjustments. The essence and meaning of the article were not altered in any way.
Without any debate, the Amendment was passed, and the Draft Article was inserted to the Constitution on the same day.
Winding UP
Article 313 of the Indian Constitution, which was mostly transitory in character, provided that all laws in force before the Constitution’s beginning would still be applicable to all government offices and services even after the Constitution was put into force.
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