Actual Article
Article 309: Recruitment and conditions of service of persons serving the Union or a State
Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:
- Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.
UPSC Notes for Article 309
Explanation:
- Legislative Power: Article 309 empowers the appropriate Legislature (Parliament for the Union and State Legislatures for States) to regulate the recruitment and conditions of service of persons appointed to public services and posts.
- Rule-Making Power: Until the Legislature makes such provisions, the President (or a person directed by him) and the Governor (or a person directed by him) can make rules to regulate recruitment and conditions of service.
- Transitional Provisions: The rules made by the President or Governor will remain in effect until the Legislature enacts a law on the subject, and these rules will be subject to any future legislative provisions.
Key Points:
- Flexibility in Governance: Allows for the immediate creation of rules for public service recruitment and conditions, ensuring no administrative vacuum until the Legislature enacts laws.
- Legislative Supremacy: Ultimately, the regulation of recruitment and service conditions is subject to legislative control, ensuring democratic oversight.
- Executive Rule-Making: Provides the executive with the power to create necessary rules in the absence of legislative provisions, maintaining administrative continuity.
Important Cases and Commissions Related to Article 309
Cases:
- B.N. Nagarajan vs. State of Mysore (1966): The Supreme Court held that rules made under Article 309 by the President or Governor have the force of law and are valid until superseded by legislative enactments.
- State of Madhya Pradesh vs. Shardul Singh (1970): The Court emphasized that rules made under Article 309 must be consistent with other constitutional provisions and laws.
Commissions:
- Pay Commission: Recommends changes to the pay structure and service conditions of public servants, which are often implemented through rules made under Article 309.
- Administrative Reforms Commission: Suggests improvements in the administrative machinery, including recruitment and service conditions.
Important Reports Related to Article 309:
- Pay Commission Reports: Analyze and recommend changes to the salary structure and conditions of service for public servants.
- Administrative Reforms Commission Reports: Provide insights into improving the efficiency and effectiveness of the public service recruitment and conditions framework.
Previous Year Prelims Questions Related to Article 309
- (UPSC Prelims 2016) What does Article 309 of the Indian Constitution deal with?
- A. Financial emergency provisions
- B. Recruitment and conditions of service of public servants
- C. Distribution of revenues between the Union and States
- D. Right to education Correct Answer: B. Recruitment and conditions of service of public servants
- (UPSC Prelims 2018) Who has the power to make rules regulating the recruitment and conditions of service for Union posts until the Legislature enacts a law?
- A. The Prime Minister
- B. The President
- C. The Chief Justice of India
- D. The Speaker of the Lok Sabha Correct Answer: B. The President
Previous Year Mains Questions Related to Article 309
- Mains 2016: “Discuss the significance of Article 309 in regulating the recruitment and conditions of service of public servants in India. How does this article ensure flexibility and legislative oversight in public administration?”
- Mains 2019: “Evaluate the impact of the rule-making power provided to the executive under Article 309. What are the potential benefits and challenges of this provision in maintaining administrative continuity?”
Additional Insights:
- Administrative Efficiency: Article 309 ensures administrative efficiency by allowing immediate rule-making for recruitment and service conditions, preventing any disruption in public services.
- Democratic Oversight: By ultimately subjecting these rules to legislative enactments, the article ensures that the democratic process governs public service regulations.
- Transitional Flexibility: The provision for executive rule-making provides necessary flexibility during transitions, ensuring that public services are not hampered by delays in legislative action.
Understanding Article 309 is crucial for UPSC aspirants as it provides insights into the mechanisms for regulating public service recruitment and conditions, emphasizing the balance between executive flexibility and legislative oversight. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on public administration within the Indian Constitution.