What is Article 308 of Indian constitution

www.hinsoli.com July 09, 2025

Article 308 of the Indian Constitution

Title: Interpretation – In this Part, unless the context otherwise requires…

📘 Context:

Article 308 is the introductory article of Part XIV of the Indian Constitution, which deals with:

“Services under the Union and the States” (Articles 308 to 323)

It lays down definitions and scope for applying these provisions.

🔍 Full Explanation of Article 308:

"In this Part, unless the context otherwise requires, the expression ‘State’ does not include the State of Jammu and Kashmir."

✅ What it means:

The word “State” in Articles 308 to 323 (Part XIV) originally did not include Jammu & Kashmir.
This exclusion was made because J&K had special status under Article 370 (now abrogated in 2019).
This clause narrowed the application of central service rules to only those States that were not Jammu & Kashmir.

🟡 Note: After Article 370 was abrogated in August 2019, Jammu & Kashmir became a Union Territory, and Article 308 now applies to it like other States/UTs.

🧠 Purpose of Article 308:

To clarify the scope of service rules and regulations under the Constitution.
Sets the framework for interpreting all future articles in Part XIV.
Explains which territories are included/excluded in "State" definitions related to government services.

📊 Summary Table: Article 308

Feature	Details
Article Number	308
Part	XIV – Services under the Union and the States (Articles 308–323)
Purpose	Provides interpretation clause for Part XIV
Exclusion (Original)	Jammu & Kashmir (due to Article 370)
Current Status	Now applies to all States and Union Territories, including Jammu & Kashmir
Effect	Determines where service-related provisions like recruitment, dismissal apply