303. Restrictions on the legislative powers of the Union and of the
States with regard to trade and commerce.—
(1) Notwithstanding anything
in article 302, neither Parliament nor the Legislature of a State shall have power
to make any law giving, or authorising the giving of, any preference to one
State over another, or making, or authorising the making of, any discrimination
between one State and another, by virtue of any entry relating to trade and
commerce in any of the Lists in the Seventh Schedule.
(2) Nothing in clause
(1) shall prevent Parliament from making any law
giving, or authorising the giving of, any preference or making, or authorising
the making of, any discrimination if it is declared by such law that it is
necessary to do so for the purpose of dealing with a situation arising from
scarcity of goods in any part of the territory of India.
304. Restrictions on trade, commerce and intercourse among
States.—Notwithstanding anything in article 301 or article 303, the
Legislature of a State may by law—
(a) impose on goods imported from other States 1[or the Union
territories] any tax to which similar goods manufactured or produced in
that State are subject, so, however, as not to discriminate between goods
so imported and goods so manufactured or produced; and
(b) impose such reasonable restrictions on the freedom of trade,
commerce or intercourse with or within that State as may be required in
the public interest:
______________________________________________
1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
(w.e.f. 1-11-1956).
171
172 THE CONSTITUTION OF INDIA
(Part XIII.—Trade, Commerce and Intercourse within the Territory of India)
Provided that no Bill or amendment for the purposes of clause
(b) shall
be introduced or moved in the Legislature of a State without the previous
sanction of the President.
1
[305. Saving of existing laws and laws providing for State
monopolies.—Nothing in articles 301 and 303 shall affect the provisions of
any existing law except in so far as the President may by order otherwise
direct; and nothing in article 301 shall affect the operation of any law made
before the commencement of the Constitution (Fourth Amendment) Act, 1955,
in so far as it relates to, or prevent Parliament or the Legislature of a State from
making any law relating to, any such matter as is referred to in sub-clause (ii)
of clause
(6) of article 19.]
306. [Power of certain States in Part B of the First Schedule to
impose restrictions on trade and commerce.].—Omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch.(w.e.f. 1-11-1956)
307. Appointment of authority for carrying out the purposes of
articles 301 to 304.—Parliament may by law appoint such authority as it
considers appropriate for carrying out the purposes of articles 301, 302, 303
and 304, and confer on the authority so appointed such powers and such duties
as it thinks necessary.
______________________________________________
1. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305
(w.e.f. 27-4-1955).
PART XIV
SERVICES UNDER THE UNION AND THE STATES
CHAPTER I.— SERVICES
308. Interpretation.—In this Part, unless the context otherwise requires,
the expression “State” 1[does not include the State of Jammu and Kashmir].
309. 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.
310. Tenure of office of persons serving the Union or a State.—
(1)
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
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "means
a State specified in Part A or Part B of the First Schedule" (w.e.f. 1-11-1956).
2. The words "or Rajpramukh" omitted by s.29 and Sch., ibid (w.e.f. 1-11-1956).
3. The words "or, as the case may be, the Rajpramukh" omitted by s.29 and Sch., ibid. .
(w.e.f. 1-11-1956).
173
174 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
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.
311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.—
(1) No person who is a member
of a civil service of the Union or an all-India service or a civil service of a
State or holds a civil post under the Union or a State shall be dismissed or
removed by an authority subordinate to that by which he was appointed.
1
[
(2) No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed of the
charges against him and given a reasonable opportunity of being heard in
respect of those charges 2***:
3
[
Provided that where it is proposed after such inquiry, to impose upon
him any such penalty, such penalty may be imposed on the basis of the
evidence adduced during such inquiry and it shall not be necessary to give such
person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply—]
(a) where a person is dismissed or removed or reduced in rank on
the ground of conduct which has led to his conviction on a criminal
charge; or
(b) where the authority empowered to dismiss or remove a person
or to reduce him in rank is satisfied that for some reason, to be recorded
by that authority in writing, it is not reasonably practicable to hold such
inquiry; or
(c) where the President or the Governor, as the case may be, is
satisfied that in the interest of the security of the State it is not expedient
to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises
whether it is reasonably practicable to hold such inquiry as is referred to in
clause
(2), the decision thereon of the authority empowered to dismiss or
remove such person or to reduce him in rank shall be final.]
______________________________________________
1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls.
(2) and
(3)
(w.e.f. 5-10-1963).
2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44
(w.e.f. 3-1-1977).
3. Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).
175 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
312. All-India services.—
(1) Notwithstanding anything in 1[Chapter VI
of Part VI or Part XI], if the Council of States has declared by resolution
supported by not less than two-thirds of the members present and voting that it
is necessary or expedient in the national interest so to do, Parliament may by
law provide for the creation of one or more all India services 2[(including an
all-India judicial service)] common to the Union and the States, and, subject to
the other provisions of this Chapter, regulate the recruitment, and the
conditions of service of persons appointed, to any such service.
(2) The services known at the commencement of this Constitution as the
Indian Administrative Service and the Indian Police Service shall be deemed to
be services created by Parliament under this article.
2
[
(3) The all-India judicial service referred to in clause
(1) shall not
include any post inferior to that of a district judge as defined in article 236.
(4) The law providing for the creation of the all-India judicial service
aforesaid may contain such provisions for the amendment of Chapter VI of
Part VI as may be necessary for giving effect to the provisions of that law and
no such law shall be deemed to be an amendment of this Constitution for the
purposes of article 368.]
3
[312A. Power of Parliament to vary or revoke conditions of service
of officers of certain services.—
(1) Parliament may by law—
(a) vary or revoke, whether prospectively or retrospectively, the
conditions of services as respects remuneration, leave and pension and
the rights as respects disciplinary matters of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, continue on and after the commencement of the
Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the
Government of India or of a State in any service or post;
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for "Part XI"
(w.e.f. 3-1-1977).
2. Ins. by s. 45, ibid. (w.e.f. 3-1-1977).
3. Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).
176 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
(b) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects pension of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, retired or otherwise ceased to be in service at any time
before the commencement of the Constitution (Twenty-eighth
Amendment) Act, 1972:
Provided that in the case of any such person who is holding or has held
the office of the Chief Justice or other Judge of the Supreme Court or a High
Court, the Comptroller and Auditor-General of India, the Chairman or other
member of the Union or a State Public Service Commission or the Chief
Election Commissioner, nothing in sub-clause
(a) or sub-clause
(b) shall be
construed as empowering Parliament to vary or revoke, after his appointment
to such post, the conditions of his service to his disadvantage except in so far as
such conditions of service are applicable to him by reason of his being a
person appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any Legislature or other
authority under any other provision of this Constitution to regulate the
conditions of service of persons referred to in clause
(1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in—
(a) any dispute arising out of any provision of, or any
endorsement on, any covenant, agreement or other similar instrument
which was entered into or executed by any person referred to in
clause
(1), or arising out of any letter issued to such person, in relation to
his appointment to any civil service of the Crown in India or his
continuance in service under the Government of the Dominion of India
or a Province thereof;
(b) any dispute in respect of any right, liability or obligation
under article 314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding
anything in article 314 as originally enacted or in any other provision of this
Constitution.]
177 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
313. Transitional provisions.—Until other provision is made in this
behalf under this Constitution, all the laws in force immediately before the
commencement of this Constitution and applicable to any public service or any
post which continues to exist after the commencement of this Constitution, as
an all-India service or as service or post under the Union or a State shall
continue in force so far as consistent with the provisions of this Constitution.
314. [Provision for protection of existing officers of certain services.].—
Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972,
s. 3 (w.e.f. 29-8-1972).
CHAPTER II.— PUBLIC SERVICE COMMISSIONS
315. Public Service Commissions for the Union and for the States.—
(1) Subject to the provisions of this article, there shall be a Public Service
Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is passed
by the House or, where there are two Houses, by each House of the Legislature
of each of those States, Parliament may by law provide for the appointment of a
Joint State Public Service Commission (referred to in this Chapter as Joint
Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and
consequential provisions as may be necessary or desirable for giving effect to
the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do
by the Governor 1*** of a State, may, with the approval of the President, agree
to serve all or any of the needs of the State.
(5) References in this Constitution to the Union Public Service
Commission or a State Public Service Commission shall, unless the context
otherwise requires, be construed as references to the Commission serving the
needs of the Union or, as the case may be, the State as respects the particular
matter in question.
316. Appointment and term of office of members.—
(1) The Chairman
and other members of a Public Service Commission shall be appointed, in the
case of the Union Commission or a Joint Commission, by the President, and in
the case of a State Commission, by the Governor of the State:
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
178 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
Provided that as nearly as may be one-half of the members of every
Public Service Commission shall be persons who at the dates of their respective
appointments have held office for at least ten years either under the
Government of India or under the Government of a State, and in computing the
said period of ten years any period before the commencement of this
Constitution during which a person has held office under the Crown in India or
under the Government of an Indian State shall be included.
1
[(1A) If the office of the Chairman of the Commission becomes vacant
or if any such Chairman is by reason of absence or for any other reason unable
to perform the duties of his office, those duties shall, until some person
appointed under clause
(1) to the vacant office has entered on the duties thereof
or, as the case may be, until the Chairman has resumed his duties, be performed
by such one of the other members of the Commission as the President, in the
case of the Union Commission or a Joint Commission, and the Governor of the
State in the case of a State Commission, may appoint for the purpose.]
(2) A member of a Public Service Commission shall hold office for a
term of six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty-five years, and in
the case of a State Commission or a Joint Commission, the age of 2[sixty-two
years], whichever is earlier:
Provided that —
(a) a member of a Public Service Commission may, by writing under
his hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to
the Governor 3*** of the State, resign his office;
(b) a member of a Public Service Commission may be removed from
his office in the manner provided in clause
(1) or clause
(3) of
article 317.
(3) A person who holds office as a member of a Public Service
Commission shall, on the expiration of his term of office, be ineligible for
re-appointment to that office.
______________________________________________
1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963).
2. Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for "sixty years"
(w.e.f. 7-9-1976).
3. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
179 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
317. Removal and suspension of a member of a Public Service
Commission.—
(1) Subject to the provisions of clause
(3), the Chairman or
any other member of a Public Service Commission shall only be removed from
his office by order of the President on the ground of misbehaviour after the
Supreme Court, on reference being made to it by the President, has, on inquiry
held in accordance with the procedure prescribed in that behalf under
article 145, reported that the Chairman or such other member, as the case may
be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor 1*** in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the Supreme Court under
clause
(1) until the President has passed orders on receipt of the report of the
Supreme Court on such reference.
(3) Notwithstanding anything in clause
(1), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service
Commission is or becomes in any way concerned or interested in any contract
or agreement made by or on behalf of the Government of India or the
Government of a State or participates in any way in the profit thereof or in any
benefit or emolument arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall, for the
purposes of clause
(1), be deemed to be guilty of misbehaviour.
318. Power to make regulations as to conditions of service of
members and staff of the Commission.—In the case of the Union
Commission or a Joint Commission, the President and, in the case of a State
Commission, the Governor 1*** of the State may by regulations—
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
180 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
(a) determine the number of members of the Commission and their
conditions of service; and
(b) make provision with respect to the number of members of the
staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.
319. Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.—On ceasing to hold office—
(a) the Chairman of the Union Public Service Commission shall be
ineligible for further employment either under the Government of India
or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be
eligible for appointment as the Chairman or any other member of the
Union Public Service Commission or as the Chairman of any other State
Public Service Commission, but not for any other employment either
under the Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service
Commission shall be eligible for appointment as the Chairman of the
Union Public Service Commission or as the Chairman of a State Public
Service Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service
Commission shall be eligible for appointment as the Chairman or any
other member of the Union Public Service Commission or as the
Chairman of that or any other State Public Service Commission, but not
for any other employment either under the Government of India or under
the Government of a State.
320. Functions of Public Service Commissions.—
(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of
the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in framing
and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted—
181 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
(a) on all matters relating to methods of recruitment to civil
services and for civil posts;
(b) on the principles to be followed in making appointments to
civil services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or
has served under the Government of India or the Government of a State
or under the Crown in India or under the Government of an Indian State,
in a civil capacity, that any costs incurred by him in defending legal
proceedings instituted against him in respect of acts done or purporting
to be done in the execution of his duty should be paid out of the
Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India or
the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the case
may be, the Governor 1*** of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor 2***, as respects other services and posts in connection with
the affairs of a State, may make regulations specifying the matters in which
either generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to be
consulted.
(4) Nothing in clause
(3) shall require a Public Service Commission to
be consulted as respects the manner in which any provision referred to in
clause
(4) of article 16 may be made or as respects the manner in which effect
may be given to the provisions of article 335.
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.
(w.e.f. 1-11-1956).
182 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
(5) All regulations made under the proviso to clause
(3) by the President
or the Governor 1*** of a State shall be laid for not less than fourteen days
before each House of Parliament or the House or each House of the Legislature
of the State, as the case may be, as soon as possible after they are made, and
shall be subject to such modifications, whether by way of repeal or amendment,
as both Houses of Parliament or the House or both Houses of the Legislature of
the State may make during the session in which they are so laid.
321. Power to extend functions of Public Service Commissions.—An
Act made by Parliament or, as the case may be, the Legislature of a State may
provide for the exercise of additional functions by the Union Public Service
Commission or the State Public Service Commission as respects the services of
the Union or the State and also as respects the services of any local authority or
other body corporate constituted by law or of any public institution.
322. Expenses of Public Service Commissions.—The expenses of the
Union or a State Public Service Commission, including any salaries,
allowances and pensions payable to or in respect of the members or staff of the
Commission, shall be charged on the Consolidated Fund of India or, as the case
may be, the Consolidated Fund of the State.
323. Reports of Public Service Commissions.—
(1) It shall be the duty
of the Union Commission to present annually to the President a report as to the
work done by the Commission and on receipt of such report the President shall
cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the
Governor 1*** of the State a report as to the work done by the Commission,
and it shall be the duty of a Joint Commission to present annually to the
Governor 1*** of each of the States the needs of which are served by the Joint
Commission a report as to the work done by the Commission in relation to that
State, and in either case the Governor 2***, shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before the Legislature of the State.
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.
(w
