What is Article 309 of Indian constitution

 

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

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📘 Explanation:

Article 309 empowers both the Parliament and State Legislatures to make laws governing:

• Recruitment

• Conditions of service (appointments, promotions, transfers, retirement, etc.)
  for government servants working under the Union or any State.

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📜 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.

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🧠 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.

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🧾 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.

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📊 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

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✅ Conclusion:

Article 309 is the legal foundation for:

• Framing civil service rules in India

• Empowering the executive to manage personnel policies

• Ensuring a unified service structure under the Constitution

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