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AMENDMENT_28_29081972

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Abhay Rana 2015-04-23 13:00:00 +05:30
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@ -88,33 +88,68 @@ THE CONSTITUTION OF INDIA
(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.
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;
(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.
153
THE CONSTITUTION OF 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 ot
her
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.
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. Except as otherwise expressly provided by this
Constitution every person who having been appointed by the Secretary of State
or Secretary of State in Council to a civil
service of the Crown in India continues on and after the
commencement of this Constitution to serve under the Gov-
ernment of India or of a State shall be entitled to receive
from the Government of India and the Government of the
State, which he is from time to time serving, the same con-
ditions of service as respects remuneration, leave and pension,
and the same rights as respects disciplinary matters or rights
as similar thereto as changed circumstances may permit as
that person was entitled to immediately before such com-
mencement.
314. [Provision for protection of existing officers of certain services.] Rep. b
y
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.