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What is Article 314 of indian constitution

 

🧾 Article 314 of the Indian Constitution (Repealed)

Title (Before Repeal): Protection of existing officers of certain services


📘 Status:

Originally part of the Constitution
Repealed by the 28th Constitutional Amendment Act, 1972


🔍 What Article 314 Used to Say:

It provided protection and guarantees to officers of:

  • The Indian Civil Services (ICS) and

  • Other services who were in government service before the Constitution came into force (i.e., pre-1950)

🔹 These officers were entitled to the same conditions of service (such as pay, leave, pension) as they had under British India or princely states, unless Parliament decided otherwise.


🎯 Why Article 314 Was Repealed:

  • Over time, it became obsolete, as the ICS had been fully replaced by the IAS and other modern civil services.

  • It was felt that such special constitutional protection was no longer necessary.

  • Repealed through the 28th Amendment Act, 1972, which also amended Article 312 to include new safeguards for modern All-India Services.


📊 Summary Table: Article 314

Feature Details
Article Number 314
Title Protection of pre-Constitution officers (now repealed)
Purpose Guarantee service conditions for British-era officers
Repealed By 28th Amendment Act, 1972
Reason for Repeal ICS officers had retired; special protection no longer needed
Current Relevance No longer part of the Constitution

🧠 Conclusion:

  • Article 314 was a temporary protective measure for pre-1950 civil servants.

  • Its repeal marks India’s shift from colonial to modern civil service structure.


Here is a 📊 Summary Chart of Articles 309 to 314 of the Indian Constitution — including service rules, tenure, protection, All-India services, transitional provisions, and repealed content:


🧾 Comparison Chart: Articles 309 to 314 – Services Under Union and States

Article Title Main Focus Applies To Current Status
309 Recruitment and Conditions of Service Empowers Parliament/State Legislatures to frame rules for recruitment and service Union & State civil services ✅ Active
310 Tenure at Pleasure of President/Governor Civil servants serve at the pleasure of President/Governor All civil services (except armed forces) ✅ Active
311 Protection Against Arbitrary Dismissal Civil servants must get notice + inquiry before removal/dismissal (with exceptions) Civil servants (not intel/defence) ✅ Active
312 Creation of All-India Services Parliament can create AIS (like IAS, IPS, IFS) with 2/3 RS approval in national interest Union & States (via Rajya Sabha) ✅ Active
313 Transitional Provisions Allowed pre-Constitution rules to continue until Article 309 rules were made Civil services in 1950 ✅ Active (historical only)
314 Protection of British-era Officers (Repealed) Protected conditions of service for ICS officers & pre-1950 services Pre-1950 officers ❌ Repealed in 1972 (28th CAA)

🧠 Key Notes for Students & Bloggers:

  • Articles 309–311 form the backbone of civil service protection.

  • Article 312 allows uniform national services across Centre & States.

  • Article 313 helped ensure smooth transition post-independence.

  • Article 314 was temporary and repealed when no longer needed.