Actual Article
Article 314: Provision for protection of existing officers of certain services
Repealed by the Constitution (Twenty-eighth Amendment) Act, 1972.
Explanation:
- Repeal of Article 314: Article 314, which provided protection for existing officers of certain services, was repealed by the Constitution (Twenty-eighth Amendment) Act, 1972.
- Historical Context: Article 314 originally aimed to protect the service conditions of officers who were in service at the time of the commencement of the Constitution. Its repeal reflected the changing administrative and political priorities of the time.
Key Points:
- Protection of Service Conditions: The original intent of Article 314 was to ensure that officers in service at the time of the Constitution’s commencement would not face adverse changes in their service conditions.
- Amendment and Repeal: The repeal of Article 314 indicates the dynamic nature of the Constitution, allowing for amendments that reflect the evolving needs of governance and administration.
Important Cases and Commissions Related to Article 314
Cases:
- No specific landmark cases directly related to Article 314 due to its repeal in 1972.
Commissions:
- Law Commission of India: Reviews constitutional provisions and recommends necessary reforms, including the repeal of outdated articles.
- Administrative Reforms Commission: Suggests improvements to the administrative framework, including the service conditions of public officers.
Important Reports Related to Article 314:
- Law Commission Reports: Discuss the implications of protecting service conditions and the need for reforms in light of changing administrative requirements.
- Administrative Reforms Commission Reports: Provide recommendations for improving the efficiency and fairness of public service regulations.
Previous Year Prelims Questions Related to Article 314
- (UPSC Prelims 2016) What happened to Article 314 of the Indian Constitution?
- A. It was amended to include new provisions
- B. It was repealed by the Constitution (Twenty-eighth Amendment) Act, 1972
- C. It was upheld by the Supreme Court
- D. It was merged with another article Correct Answer: B. It was repealed by the Constitution (Twenty-eighth Amendment) Act, 1972
- (UPSC Prelims 2018) What was the purpose of the original Article 314 in the Indian Constitution?
- A. To provide protection for existing officers of certain services
- B. To regulate foreign trade
- C. To protect the rights of minorities
- D. To establish a new administrative service Correct Answer: A. To provide protection for existing officers of certain services
Previous Year Mains Questions Related to Article 314
- Mains 2016: “Discuss the reasons behind the repeal of Article 314 of the Indian Constitution. How does the repeal reflect the dynamic nature of constitutional amendments?”
- Mains 2019: “Evaluate the impact of repealing protective provisions like Article 314 on the service conditions of public officers. What are the potential benefits and challenges associated with such repeals?”
Additional Insights:
- Adapting to Change: The repeal of Article 314 highlights the Constitution’s ability to adapt to changing governance needs, ensuring that outdated provisions do not hinder administrative efficiency.
- Service Conditions: While Article 314 aimed to protect service conditions, its repeal suggests a shift towards more flexible and updated administrative practices.
- Constitutional Amendments: Understanding the reasons for repealing certain articles helps in comprehending the broader context of constitutional amendments and their impact on governance.
Understanding the historical context and reasons behind the repeal of Article 314 is crucial for UPSC aspirants as it provides insights into the dynamic nature of the Indian Constitution and its capacity to evolve with changing administrative needs. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of constitutional provisions and their impact on public administration within the Indian Constitution.