AMENDMENT_28_29081972
This commit is contained in:
parent
05a6ee1fc6
commit
cb6ccd637b
75
PART14.txt
75
PART14.txt
|
@ -88,33 +88,68 @@ THE CONSTITUTION OF INDIA
|
||||||
(2) The services known at the commencement of this Constitution as the
|
(2) The services known at the commencement of this Constitution as the
|
||||||
Indian Administrative Service and the Indian Police Service shall be deemed to
|
Indian Administrative Service and the Indian Police Service shall be deemed to
|
||||||
be services created by Parliament under this article.
|
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
|
313. Transitional provisions.—Until other provision is made in this
|
||||||
behalf under this Constitution, all the laws in force immediately before the
|
behalf under this Constitution, all the laws in force immediately before the
|
||||||
commencement of this Constitution and applicable to any public service or any
|
commencement of this Constitution and applicable to any public service or any
|
||||||
post which continues to exist after the commencement of this Constitution, as
|
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
|
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.
|
continue in force so far as consistent with the provisions of this Constitution.
|
||||||
|
314. [Provision for protection of existing officers of certain services.] Rep. b
|
||||||
314. Except as otherwise expressly provided by this
|
y
|
||||||
Constitution every person who having been appointed by the Secretary of State
|
the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
|
||||||
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.
|
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
CHAPTER II.— PUBLIC SERVICE COMMISSIONS
|
CHAPTER II.— PUBLIC SERVICE COMMISSIONS
|
||||||
|
|
||||||
|
|
||||||
|
|
||||||
315. Public Service Commissions for the Union and for the States.—
|
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
|
(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.
|
Commission for the Union and a Public Service Commission for each State.
|
||||||
|
|
Loading…
Reference in New Issue