Part XIV: Services under the Union and the States

Article 309: Recruitment and Conditions of Service

Original Article:

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:

Proviso: 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.

Explanation:

Article 309 empowers the appropriate legislatures to regulate the recruitment and conditions of service of individuals employed in public services under the Union or the States. It also grants provisional powers to the President and Governors to issue rules in the absence of specific legislative provisions.

Key Provisions:

Legislative Authority

The appropriate legislatures can enact laws governing the recruitment and service conditions of public employees, ensuring uniformity and transparency in public administration.

Provisional Rule-Making Powers

The President and Governors are empowered to issue rules for recruitment and service conditions until the legislatures enact relevant laws.

Historical Significance:

Article 309 reflects the need for a structured and consistent framework for public service management, ensuring administrative efficiency and continuity.

Real-Life Example:

The Central Civil Services (Conduct) Rules, implemented under the powers granted by Article 309, provide guidelines for the behavior and responsibilities of civil servants, ensuring ethical and professional standards.