Part XIV & XIVA - Services and Tribunals • Article

Article 312A Simplified: Power of Parliament to vary or revoke conditions of service of officers of certain services

Article 312A (Power of Parliament to vary or revoke conditions of service of officers of certain services) governs the administrative framework of the courts, including the appointment of officers, servants, expenses of the court, or subordinate courts. It ensures the judiciary maintains control over its own staff to keep the administration separate from government pressure.

Official Text

(1) Parliament may by law- (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post;. Ins. by s. 45, ibid.(w.e.f. 3-1-1977). 3. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972). (b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twenty-eighth Amendment) Act, 1972: Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service are applicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India. (2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1). (3) Neither the Supreme Court nor any other court shall have jurisdiction in- (a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a Province thereof; (b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted. (4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this Constitution.]

Simple Meaning

Explain Like Ten

Before India became independent, some officers were hired by the British government with promises of very high salaries and pensions forever. In 1972, this rule was added to let Parliament change those old promises so everyone is treated equally and fairly.

Student Mode

Article 312A was inserted by the Constitution (Twenty-eighth Amendment) Act, 1972. It empowered Parliament to vary or revoke, prospectively or retrospectively, the conditions of service (remuneration, leave, pension, and discipline) of officers appointed by the Secretary of State to the civil service of the Crown in India prior to 1947 (the ICS cadre). Clause (3) ousts the jurisdiction of the Supreme Court and other courts in disputes arising out of pre-independence service covenants or agreements.

Example

For a real constitutional problem about power of parliament to vary or revoke conditions of service of officers of certain services, Article 312A gives the starting rule and connects it to the wider system of public service rules.

Key Takeaway

Article 312A anchors power of parliament to vary or revoke conditions of service of officers of certain services within India's constitutional system.

FAQs

Why was Article 312A added to the Constitution in 1972?

It was added to abolish the special privileges and guarantees of colonial-era Indian Civil Service (ICS) officers, which were protected under the original Article 314, ensuring all civil servants are subject to democratic parliamentary control.

Does Article 312A allow Parliament to reduce the pension of a retired Supreme Court judge who was an ICS officer?

The proviso to Article 312A(1) prevents Parliament from reducing the service conditions or pension of high officials like Judges, CAG, or PSC members to their disadvantage after appointment, except in their capacity as Secretary of State appointees.

Quiz

Which Constitutional Amendment inserted Article 312A?

Answer: 28th Amendment

Whose jurisdiction is barred under Article 312A(3) in disputes relating to pre-independence civil service covenants?

Answer: All courts including the Supreme Court