Article 312 of the Constitution of India

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 orexpedient in the national interest so to do, Parliamentmay by law provide for the creation of one or more allIndia 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, toany 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 districtjudge 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 VIAll-India services. 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 45, for “Part XI” (w.e.f. 3-1-1977). 2Ins. by s. 45, ibid. (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 311—312.)183 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 ofarticle 368.] 1[312A. (1) Parliament may by law— (a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respectsremuneration, leave and pension and the rights asrespects disciplinary matters of persons who, havingbeen appointed by the Secretary of State or Secretaryof 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 theConstitution (Twenty-eighth Amendment) Act, 1972,to serve under the Government of India or of a Statein 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 bythe Secretary of State or Secretary of State in Councilto a civil service of the Crown in India before thecommencement of this Constitution, retired orotherwise 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 otherJudge of the Supreme Court or a High Court, theComptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner, nothingin sub-clause ( a) or sub-clause ( b) shall be construed as empowering Parliament to vary or revoke, after hisappointment to such post, the conditions of his service tohis 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 Secretaryof State in Council to a civil service of the Crown in India.Power of Parliament to varyor revokeconditions ofservice of officersof certain services. 1Ins. by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 2 (w.e.f. 29-8-1972).THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 312—312 A.)184 (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 authorityunder 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 orexecuted by any person referred to in clause (1), orarising out of any letter issued to such person, inrelation to his appointment to any civil service ofthe 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 originallyenacted or in any other provision of this Constitution.]