🧾 Article 313 of the Indian Constitution
Title: Transitional provisions
📘 Explanation:
Article 313 is a temporary and transitional provision included in the Constitution at the time of its commencement in 1950.
It states that:
Until laws are made under Article 309 (which allows Parliament and State Legislatures to make laws regarding recruitment and service conditions), the existing laws and service rules that were in force before the Constitution came into effect shall continue to apply.
🔍 Key Meaning:
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Before 26 January 1950 (the day the Constitution came into effect), British-era service rules and regulations were already in place.
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Article 313 allowed these to remain valid temporarily until new rules/laws were made under Article 309.
📊 Summary Table: Article 313
| Feature | Details |
|---|---|
| Article Number | 313 |
| Title | Transitional provisions |
| Purpose | Continue old service laws/rules temporarily |
| Applies To | Civil services of the Union and the States |
| Until When? | Until new laws or rules are made under Article 309 |
| Laws Continued | Recruitment rules, service regulations, appointments from British India era |
🧠 Why It Was Important:
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Prevented administrative vacuum on 26 January 1950
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Allowed smooth continuation of government functioning
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Gave time to Parliament and State Legislatures to frame new service laws
✅ Example:
| Scenario | Outcome |
|---|---|
| A British-era rule for recruitment of clerks was used after 1950 | ✅ Allowed under Article 313, until replaced by new rules under Article 309 |
| State used pre-1950 rule for promotion without any legislative update | ✅ Valid under Article 313 (temporarily) |
📌 Conclusion:
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Article 313 was a temporary bridge to ensure continuity in public services.
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Today, its relevance is largely historical, as most rules have been replaced under Article 309.
Here is a clear and concise 📊 Combined Chart of Articles 309 to 313 of the Indian Constitution — ideal for study, blogging, or exam preparation (UPSC, PCS, Law exams):
🧾 Articles 309 to 313 – Civil Services Framework in the Indian Constitution
| Article | Title | Main Focus | Applies To | Key Notes |
|---|---|---|---|---|
| 309 | Recruitment and Conditions of Service | Parliament & State Legislatures can make laws on recruitment and service rules | Civil servants of Union & States | Until then, President/Governor can make rules (e.g., CCS Rules) |
| 310 | Tenure of Office ("Pleasure Doctrine") | Govt. employees serve at the pleasure of President/Governor | All Union/State civil servants | But subject to Article 311 protections |
| 311 | Protection Against Dismissal/Removal | Civil servants cannot be dismissed arbitrarily; inquiry & chance to be heard | Civil servants (not armed forces/intel) | Exceptions: conviction, impracticality, state security |
| 312 | All-India Services | Allows creation of new All-India Services (e.g., IAS, IPS, IFS) | Parliament + Rajya Sabha | Requires 2/3 majority in Rajya Sabha stating national interest |
| 313 | Transitional Provisions | Allows pre-Constitution service rules to continue until new laws are made | Existing services in 1950 | Prevented a governance gap; now historical in nature |
🔁 Flowchart Summary: Service Framework Under Constitution
📜 Article 313 → Continue old service rules (British era)
↓
📘 Article 309 → Allows making new laws/rules for recruitment & service
↓
🏛️ Article 310 → Service is at pleasure of govt.
↓
⚖️ Article 311 → Protection against unfair dismissal
↓
🌐 Article 312 → Framework for national-level All-India Services (IAS, IPS, etc.)
✅ Quick Highlights for Exams/Blog:
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309 = Rule-making power
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310 = Tenure at pleasure
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311 = Protection from arbitrary action
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312 = Creation of All-India Services
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313 = Temporary use of old rules
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