Public Services, Tribunals & Rights/Liabilities of Government

1. Arts 308–309: Interpretation & Recruitment Rules

1.1 Art. 308 — Interpretation

Art. 308 defines the term "State" for purposes of Part XIV (Services under the Union and States). It includes both the Union and all States listed in the First Schedule. Historically, it excluded Jammu & Kashmir (which had its own Constitution). This exclusion has become moot following the abrogation of Art. 370 in August 2019, after which J&K was reorganised into two Union Territories.

1.2 Art. 309 — Recruitment and Conditions of Service

Art. 309 is the foundational provision authorising regulation of public services:

• Parliament may by law regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union.
• State Legislature may do the same for services in connection with the affairs of that State.
• Until such legislation is made, the President (for Union services) or the Governor (for State services) may make rules — these rules operate subject to any law made by the competent legislature.

Key Laws under Art. 309

2. Art. 310 — Doctrine of Pleasure

2.1 The Core Doctrine

Art. 310 enacts the Doctrine of Pleasure — inherited from the common law principle that the Crown's servants hold office at the pleasure of the Crown:

• Every person holding a civil post under the Union holds office during the pleasure of the President.
• Every person holding a civil post under a State holds office during the pleasure of the Governor.
• This means, in principle, the President/Governor can terminate any officer at any time without assigning reasons.

2.2 Exceptions to the Doctrine of Pleasure

The Constitution itself carves out exceptions — certain constitutional functionaries enjoy security of tenure and cannot be removed by presidential/gubernatorial pleasure alone:

2.3 Art. 310(2) — Contract of Service

Where a contract specifies terms and conditions of service for a civil servant, and the government terminates before the contractual period, the officer is entitled to compensation. The compensation amount is to be determined by rules made by the President/Governor. However, no court can question the decision to terminate — only the compensation is justiciable.

3. Art. 311 — Dismissal, Removal or Reduction in Rank

Art. 311 is the most important civil service protection in the Constitution — and among the most frequently tested provisions in UPSC Prelims.

3.1 Art. 311(1) — No Dismissal by Subordinate Authority

No person who is a member of a civil service of the Union or an All India Service, or holds a civil post under the Union or a State, shall be:

• Dismissed or removed by an authority subordinate to that by which they were appointed.
• This is the principle of "nemo judex in causa sua" adapted for administrative law — you cannot be dismissed by someone lower than who appointed you.

3.2 Art. 311(2) — Reasonable Opportunity (Show-Cause)

Before any civil servant is dismissed, removed, or reduced in rank, they must be given:

• A reasonable opportunity of being heard in respect of the charges against them.
• This requirement of a domestic inquiry / show-cause notice is the cornerstone of natural justice in public employment.
• The inquiry must be conducted by a competent authority; the civil servant must be informed of charges and given adequate time to respond.

3.3 Three Exceptions to Art. 311(2) — Where Inquiry is NOT Required

This is the most tested part of Art. 311. The inquiry requirement is dispensed with in three situations:

3.4 Scope of "Dismissal", "Removal" and "Reduction in Rank"

4. Art. 312 — All India Services

4.1 Constitutional Basis

Art. 312 empowers Parliament to create new All India Services common to the Union and the States, provided:

• The Rajya Sabha passes a resolution declaring it necessary in the national interest.
• The resolution must be passed by a majority of not less than two-thirds of members present and voting.
• After the RS resolution, Parliament may by law regulate recruitment and conditions of service of such an All India Service.

4.2 Existing All India Services

Currently there are three All India Services:

4.3 Key Features of All India Services

• Dual servitude: AIS members serve both the Union and the States — posted to state cadres but can be called to the Centre on deputation. This makes them a unifying factor in Indian federalism.
• Recruitment: Through UPSC's Civil Services Examination (CSE) — conducted centrally. Training is at national academies (LBSNAA for IAS, SVPNPA for IPS, IGNFA for IFoS).
• Service conditions: Regulated by Parliament even for their state-level postings — this is a unique feature that overrides state autonomy in service matters.
• Controlling authority: The Union Government has the ultimate say in cadre allocation, deputation, and disciplinary proceedings involving AIS officers on state cadres — a significant federal control mechanism.

5. Arts 313–314 — Transitional Provisions

5.1 Art. 313 — Transitional Provisions

Art. 313 saved laws and rules relating to public services that were in force immediately before the Constitution commenced (January 26, 1950), provided they were not inconsistent with the Constitution. This allowed the existing British-era civil service rules to continue in force until replaced by appropriate legislation.

5.2 Art. 314 — Protection of Existing Officers (Now Spent)

Art. 314 was a transitional provision protecting the terms and conditions of officers of the former Indian Civil Service (ICS) who were absorbed into the IAS. These officers were guaranteed the same pay, allowances, and service conditions as they enjoyed before 1950. Art. 314 has now been effectively spent — no ICS officers remain in service.

6. Art. 323A — Administrative Tribunals

6.1 Constitutional Basis and Background

Art. 323A was inserted by the 42nd Constitutional Amendment Act, 1976 (during the Emergency period). The rationale was to reduce the burden on High Courts in service matters and provide a specialised forum for resolving service disputes quickly.

• Art. 323A(1): Parliament may by law provide for the adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of persons in public services.
• Art. 323A(2): Parliament may, by such law, exclude the jurisdiction of all courts (except SC under Art.136) in service matters.

6.2 Central Administrative Tribunal (CAT)

Parliament enacted the Administrative Tribunals Act, 1985 under Art. 323A, establishing the Central Administrative Tribunal (CAT):

6.3 L. Chandra Kumar v. Union of India (1997) — Landmark Ruling

This is the most important case on tribunals and is frequently tested in both Prelims and Mains:

• Issue: Art. 323A(2)(d) of the Constitution (as inserted by 42nd Amendment) excluded the jurisdiction of High Courts (Art.226) over service matters decided by CAT. Could Parliament oust HC jurisdiction?
• Held (7-judge Constitutional Bench):
  1. Art. 323A(2)(d) to the extent it excluded HC jurisdiction under Art.226 is UNCONSTITUTIONAL — it violates the Basic Structure of the Constitution.
  2. The power of judicial review is part of the Basic Structure — neither Parliament nor any tribunal can take it away.
  3. Tribunal decisions are subject to HC review under Art.226 and SC review under Art.32 and Art.136.
  4. Tribunals are supplemental to, not substitutes for, the HC/SC. They can exercise the power of judicial review subject to HC oversight.
  5. Henceforth, appeals from CAT must go to the Division Bench of HC, not directly to SC.

7. Art. 323B — Tribunals for Other Matters

7.1 Constitutional Basis

Art. 323B (also inserted by the 42nd Amendment, 1976) allows Parliament or State Legislatures to establish tribunals for matters other than public service disputes. This is a broader provision than Art.323A.

7.2 Subjects Covered under Art. 323B

Tribunals under Art. 323B can be set up for adjudicating disputes relating to:

• Levy, assessment, collection and enforcement of any tax
• Foreign exchange, import and export across customs frontiers
• Industrial and labour disputes
• Land reforms and agrarian relations
• Elections to Parliament and State Legislatures (other than those under Arts 329 and 329A)
• Production, procurement, supply and distribution of foodstuffs and other essential goods
• Rent and tenancy rights

7.3 Major Tribunals under Art. 323B / Separate Legislation

8. Arts 294–298 — Property, Escheat and Executive Power

8.1 Art. 294 — Succession to Property (Crown to Union/States)

On the commencement of the Constitution (January 26, 1950), all property and assets which immediately before were vested in:

• The Dominion of India → vested in the Union of India
• A Province → vested in the corresponding State

Similarly, all rights, liabilities and obligations of the Crown vested in the Union/States as applicable. This ensured seamless legal continuity from the British India administration to the constitutional government.

8.2 Art. 295 — Succession from Indian States

Property belonging to any Indian State that was integrated into the Union or a State at the time of the Constitution coming into force vested in the Union or the corresponding State as applicable. This covered the vast properties of the 562+ princely states that merged with India.

8.3 Art. 296 — Escheat, Lapse and Bona Vacantia

Any property in India which accrues to the Crown by:

• Escheat (no heir to inherit a deceased person's property)
• Lapse (failure of a grant or trust)
• Bona vacantia (ownerless property — including dissolved companies' assets)

...shall vest in the Union if the property is situated in a Union Territory, and in the State if situated in a State. Subject to any law made by Parliament or the State Legislature, as applicable.

8.4 Art. 297 — Continental Shelf and EEZ

Art. 297 declares that:

• All lands, minerals and other things of value underlying the ocean within the territorial waters, the continental shelf, or the exclusive economic zone (EEZ) of India shall vest in the Union.
• The resources of the EEZ (up to 200 nautical miles from the baseline) and the continental shelf belong exclusively to India under the UN Convention on the Law of the Sea (UNCLOS), and Art. 297 gives constitutional recognition to this.

8.5 Art. 298 — Executive Power: Trade, Property and Contracts

Art. 298 is important for understanding the executive powers of the Union and States:

• The executive power of the Union shall extend to carrying on of any trade or business, acquiring, holding and disposing of property, and making of contracts for any purpose.
• The executive power of a State shall similarly extend to any purpose, subject to any law made by Parliament with respect to any trade or business carried on by the Union.
• This provision essentially allows the government to engage in commercial and proprietary activities — the constitutional basis for government companies (PSUs), government contracts, and government property transactions.

9. Arts 299–300 — Government Contracts and Suits

9.1 Art. 299 — Form of Government Contracts

Art. 299 lays down strict formal requirements for government contracts:

• All contracts made in the exercise of the executive power of the Union or a State shall be expressed to be made by the President (for Union) or the Governor (for the State).
• Such contracts shall be executed on behalf of the President/Governor by such persons and in such manner as the President/Governor may direct or authorise.
• The person who actually signs/executes the contract on behalf of the government is NOT personally liable — the contract is treated as the President's/Governor's contract.
• Similarly, the President/Governor is not personally liable — the liability vests in the constitutional entity (Union/State).

Essential elements of a valid government contract (Art. 299):

1. It must be expressed to be made by the President/Governor.
2. It must be executed by a duly authorised person.
3. It must be in writing (no oral contracts bind the government under Art. 299).

9.2 Art. 300 — Suits and Proceedings

Art. 300 governs how the government can sue and be sued:

• The Union of India may sue or be sued in the name "Union of India".
• A State may sue or be sued in the name "State of [Name]".
• This is analogous to the position that persons could sue "the Secretary of State for India" in British days — continued with constitutional recognition.
• The same liability as that of a private person applies to the government in suits and proceedings — subject to any provision of law made by Parliament or State Legislature.

Sovereign vs Non-Sovereign Functions

The traditional doctrine held that the government was immune from suit for acts in exercise of sovereign functions (e.g., acts of the army, police, legislative functions). This immunity has been progressively narrowed by courts:

10. Art. 300A — Right to Property

10.1 Historical Background

The right to property has had a turbulent constitutional history — it is arguably the most amended provision in the Constitution:

• Original Constitution (1950): Art. 19(1)(f) — Fundamental Right to acquire, hold and dispose of property; Art. 31 — Compulsory acquisition only with compensation and authority of law.
• 1st Amendment (1951): Art. 31A added — protected laws for land reform from FR challenge. Art. 31B and 9th Schedule added — laws placed in 9th Schedule immune from FR challenge.
• 25th Amendment (1971): "Compensation" in Art. 31 changed to "amount" — weakening owners' rights; Art. 31C added protecting DPSP implementation laws from FR challenge.
• 44th Amendment (1978): Completely removed Art. 19(1)(f) and Art. 31 from the Fundamental Rights chapter. Inserted Art. 300A in Part XII — making right to property a constitutional right, not a fundamental right.

10.2 Art. 300A — Text and Scope

"No person shall be deprived of his property save by authority of law."

Key implications:

• The state can deprive a person of property, but only by authority of law — not by executive order or administrative action alone.
• "Authority of law" has been interpreted by the SC as requiring not just a law, but a valid law that satisfies procedural and substantive requirements.
• The right to property under Art. 300A is now a right under the Constitution but NOT a Fundamental Right — meaning:
  • Violation of Art. 300A cannot be challenged through Art. 32 (SC writ) — only Art. 226 (HC writ) is available.
  • The government need not pay "just" or "adequate" compensation — compensation is not mandated by Art. 300A itself (unlike old Art. 31).
  • Art. 300A does not protect against legislative takings — Parliament/State Legislature can deprive property by law.

10.3 KT Plantation v. State of Karnataka (2011) — Scope of Art. 300A

• Held: Art. 300A not only protects against executive action but also implies a right to fair compensation as part of the right — though the standard is lower than the old Art.31.
• The SC held that "authority of law" means a law that is just, fair and reasonable — not any arbitrary law. Art.14 (equality) can be used in conjunction with Art.300A.
• The Court said the right to property includes the right to be compensated when property is acquired, though the quantum need not satisfy the "just equivalent" standard.

10.4 Current Legislation — Land Acquisition

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (replacing the Land Acquisition Act, 1894) now governs state acquisition of private property. It requires:

• Social Impact Assessment (SIA) for large acquisitions
• Consent of 70–80% affected families for certain acquisitions
• Compensation at 2x–4x market value (depending on rural/urban)
• R&R benefits in addition to compensation

11. Key Cases

12. Prelims PYQs

13. Mains PYQs

14. Revision Box — Must-Remember for UPSC