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| What is Article 309 of Indian constitution |
Article 309 of the Indian Constitution
Title: Recruitment and conditions of service of persons serving the Union or a State
📘 Explanation:
Article 309 empowers both the Parliament and State Legislatures to make laws governing:
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Recruitment
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Conditions of service (appointments, promotions, transfers, retirement, etc.)
for government servants working under the Union or any State.
📜 Text Summary of Article 309:
Until a law is made by Parliament or a State Legislature, the President (for Union) or the Governor (for State) can make rules to regulate government service.
✅ These are called Service Rules, made under provisional authority.
🧠Key Features of Article 309:
| Feature | Description |
|---|---|
| Who can make laws? | ✅ Parliament (for Union services) ✅ State Legislatures (for State services) |
| Who can make rules (provisional)? | ✅ President (for Union) ✅ Governor (for State) |
| Scope | Recruitment, promotions, transfers, leave, retirement, discipline, etc. |
| When rules apply? | Until a formal Act is passed by the legislature |
| Affected Services | All civil servants, public employees, defence civilians, etc. |
🧾 Example of Rules Made Under Article 309:
| Service Area | Rule Name |
|---|---|
| Central Civil Services | CCS (Conduct) Rules, 1964 |
| Defence Civilian Employees | Defence Civil Services Rules |
| Indian Administrative Services | IAS (Recruitment) Rules |
| State Services | Various State Civil Service Rules made by each State Gov. |
📊 Comparison Snapshot: Article 308 vs 309
| Article | Scope | Applies To |
|---|---|---|
| 308 | Interpretation – defines “State” in this part | Whole Part XIV |
| 309 | Gives power to make rules for govt services | Union & State Governments |
✅ Conclusion:
Article 309 is the legal foundation for:
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Framing civil service rules in India
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Empowering the executive to manage personnel policies
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Ensuring a unified service structure under the Constitution
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