Constitution Section 312A — Power of Parliament to vary or revoke conditions of service of officers of certain services
Part XIV — SERVICES UNDER THE UNION AND THE STATES — CHAPTER I.— SERVICES
Administrative Law
Summary
Parliament can make laws to change or cancel the service conditions—such as pay, leave, pension, and disciplinary rights—of certain government employees who were appointed to British-era civil services before the Constitution came into effect and who continued serving after the Constitution (Twenty-eighth Amendment) Act, 1972. This power applies both to current employees and to those who retired or left service before that date, but only regarding their pension. However, for people who held high offices like a Supreme Court or High Court judge, the Comptroller and Auditor-General, a Public Service Commission member, or the Chief Election Commissioner, Parliament cannot change their service conditions to their disadvantage after they took that office, unless those conditions apply because of their original British-era appointment. No court, including the Supreme Court, can hear disputes about agreements or letters related to these employees’ appointments or about rights under the original version of Article 314, and this article overrides that original Article 314 and any other part of the Constitution.
Official Text
(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.
(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.