Part XIV: Services under the Union and States

Article 312A: Power of Parliament to Vary Service Conditions

Original Article:

(1) Parliament may by law—

• Vary or revoke conditions of service relating to remuneration, leave, pension, and disciplinary rights for officers appointed before the Constitution's commencement.
• Vary or revoke pension rights of retired officers who were appointed by the Secretary of State or Secretary of State in Council.

(2) Conditions of service can also be regulated by other legislatures unless provided by Parliament under this article.

(3) Jurisdiction of courts in such matters is restricted.

(4) The provisions of this article override other constitutional provisions.

Amendments:

¹Inserted by the Constitution (Twenty-eighth Amendment) Act, 1972, effective from 29-8-1972.

Explanations:

Article 312A empowers Parliament to amend service conditions for officers appointed under British rule. It provides retrospective and prospective authority while safeguarding certain high-ranking officials from disadvantageous changes.

Clause-by-Clause Explanation:

Clause (1): Authority of Parliament

Sub-Clause (a) and (b) enable the modification of service conditions for officers appointed before independence.

Proviso to Clause (1): Safeguards for High Offices

Ensures no adverse changes to service conditions for Chief Justices, Judges, and Comptroller and Auditor-General.

Legislative History:

Article 312A was added by the Constitution (Twenty-eighth Amendment) Act, 1972, addressing service conditions for colonial-era officers transitioning to independent India’s administration.

Historical Significance:

This Article streamlined service conditions, symbolizing India’s administrative transition from colonial rule to self-governance.