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Article 308, 309, 310 of Constitution of India 1949

What is Service Interpretation? What are the Recruitment and conditions of service of persons serving the Union or a State? What is the Tenure of office of persons serving the Union or a State? Article 308, 309 and 310 of Constitution of India, 1949

Service Interpretation, Recruitment and conditions of service of persons serving the Union or a State and Tenure of office of persons serving the Union or a State are defined under Article 308, 309 and 310 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 308 of Constitution of India "Interpretation"

In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.

 

Article 309 of Constitution of India "Recruitment and conditions of service of persons serving the Union or a State"

Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this Article, and any rules so made shall have effect subject to the provisions of any such Act.

 

Article 310 of Constitution of India "Tenure of office of persons serving the Union or a State"
(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period, that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

 

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