The Constitution of India includes a number of provisions that are intended to protect the rights of citizens and ensure that the government operates fairly and transparently.
One such provision is Article 314 of the Indian Constitution, which was originally intended to provide protections for individuals who were appointed to the civil service of the Crown in India by the Secretary of State or the Secretary of State in Council and who remained to serve after the beginning of the Constitution under the Indian Government or of a State.
However, as times and societal structures have changed, the need for these protections has been called into question, leading to the eventual removal of the aforementioned Article.
This page will cover Article 314 which will help you to understand what it says and also present you with the reason behind its deletion from the Constitution and which amendment did this.
What Is Article 314 Of The Indian Constitution?
Article 314 of the Constitution ensures that individuals who were appointed to the civil service of the Crown in India by the Secretary of State or the Secretary of State in Council and who remained to serve after the beginning of the Constitution under the Indian Government or of a State will continue to enjoy the same terms of service with regard to remuneration, leave, and pension, as well as the same rights with regard to disciplinary procedures, or rights that are as comparable thereto as altered circumstances may permit.
This Article applies to individuals who were entitled to immediately before such commencement.
Why Article 314 Was Deleted?
The idea of a class of officers with unchangeable service conditions is inconsistent with the altered social structure. As a result, it is deemed necessary to amend the Constitution to allow for the deletion of article 314 and the addition of a new article 312A that gives Parliament the authority to change or revoke the terms of service for the aforementioned officers by law and contains pertinent consequential and incidental provisions.
This is why the Constitution (Twenty-Eighth Amendment) Act,1972, left this article out.
In summary, Article 314 of the Constitution of India was a provision that protected the rights of certain individuals in the civil service, including their terms of service and disciplinary procedures. However, it was ultimately deemed outdated and was removed through the Constitution (Twenty-Eighth Amendment) Act of 1972. Also, a new article, 312A, was added to give Parliament the power to alter the terms of service for these individuals as needed.
For additional readings:
|Article 363 Of The Indian Constitution||Article 347 Of The Indian Constitution|
|Article 287 Of The Indian Constitution||Article 346 Of The Indian Constitution|
What Is Article 314 All About?
Provision for protection of existing officers of certain services is covered in Article 314
Which Amendment Deleted Article 314 From The Constitution Of India?
The Constitution (Twenty-Eighth Amendment) Act of 1972 resulted in the removal of Article 314, as it was determined that the concept of a class of officers with unchangeable service conditions was no longer compatible with the modified social order.