Recruitment and conditions of service of public servants
Also called: Article 309 · Topic: Civil Services: Role, Accountability and Reforms · NCERT: Beyond NCERT
Meaning
Article 309 allows Parliament and state legislatures to make laws on how public servants are recruited and on their service conditions, such as pay, leave and promotion. Under the proviso (an added clause), the President or Governor can make rules until such a law is passed. Most service law in India, such as the Fundamental Rules and the CCS rules, comes from these rules. No full Civil Services Act has ever been passed.
Example
In the T.S.R. Subramanian case (2013), the Supreme Court asked Parliament to consider a Civil Services Act under Article 309. The 2nd ARC also proposed such a law. It would replace Articles 310-311 and protect honest decisions by officers.
Don't confuse with
- Article 310 (doctrine of pleasure): it says government servants hold office at the pleasure of the President or Governor. Article 309 is about who makes recruitment and service rules.
- Article 311: it protects civil servants against dismissal without a fair inquiry. It does not deal with recruitment.
Related concepts
- Central Civil Services
- State Civil Services
- Department of Personnel and Training
- Kothari Committee (1976)
- Baswan Committee (2016)
- Staff Selection Commission
- National Recruitment Agency