Tenure of office of persons serving the Union or a State
Article 310 — Tenure of office of persons serving the Union or a State
Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor 3*** of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor 2*** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor 42***, as the case may be, deems it
necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.
Plain English Summary
This article states that people working in central government services (Union or All-India services) hold their jobs at the pleasure of the President, and people in state government services hold their jobs at the pleasure of the Governor. However, exceptions exist where a person appointed under this Constitution might be given compensation if their post is abolished or they have to vacate it for reasons unrelated to their misconduct.
Key Points
- Union Services: Members of the defence service or central civil services hold office during the pleasure of the President.
- State Services: Members of state civil services hold office during the pleasure of the Governor of that state.
- Exception for Contractual Appointments: If someone is appointed under this Constitution on a contract basis (and is not from a defense or central civil service), the President or Governor can provide compensation if the post is abolished or they must vacate it for non-misconduct reasons.
Why It Matters
This article establishes the executive authority of the President and Governors over appointments in government services, defining who has the final say regarding employment tenure.
Landmark Judgements
No major landmark judgements.