Constitution of India · Section Article 309
Recruitment and conditions of service of persons serving the Union or a State
Article 309 — Recruitment and conditions of service of persons serving the Union or a State
- 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 2*** 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.
Plain English Summary
This article states that laws made by the relevant Parliament or State Legislature can decide how people are recruited and what their working conditions will be in government jobs. It also allows the President or Governor to make temporary rules about these appointments until a formal law is passed.
Key Points
- Legislation (Acts of the appropriate Legislature) controls the recruitment and service conditions for public jobs.
- The President or Governor can make temporary rules regarding recruitment and service conditions for Union or State services.
- These temporary rules are valid only as long as a specific law is not made by the appropriate Legislature.
Why It Matters
This article establishes the legal framework that determines how government employees are hired and what rights and working terms they will have, ensuring these matters are governed by specific laws.
Landmark Judgements
No major landmark judgements.