Rule 21 of CCS (Conduct) Rules, 1964: Restriction Regarding Marriage
Rule 21 of the Central Civil Services (Conduct) Rules, 1964 regulates specified marriage situations involving Central Government servants. It prohibits a Government servant from marrying a person who already has a living spouse and also prohibits a Government servant who already has a living spouse from entering into another marriage, subject to a limited permission provision exercised by the Central Government.
Text and meaning of Rule 21
Rule 21(1): No Government servant shall enter into, or contract, a marriage with a person having a spouse living.
Rule 21(2): No Government servant having a spouse living shall enter into, or contract, a marriage with any person.
Proviso: The Central Government may permit such a marriage where it is satisfied that the marriage is permissible under the personal law applicable to the Government servant and the other party, and that there are other grounds for permitting it.
Rule 21(3): A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate that fact to the Government.
What Rule 21 prohibits
The rule creates two separate restrictions. First, a Government servant must not marry a person who already has a living spouse. Second, a Government servant who already has a living spouse must not contract another marriage. These are service-conduct restrictions and operate in addition to any requirements or prohibitions arising under the applicable matrimonial or personal law.
| Situation | Position under Rule 21 |
|---|---|
| Government servant proposes to marry a person whose spouse is living | Prohibited by Rule 21(1), unless Central Government permission is validly granted under the proviso. |
| Government servant already has a living spouse and proposes another marriage | Prohibited by Rule 21(2), unless Central Government permission is validly granted under the proviso. |
| Marriage with a person who is not an Indian national | The fact of such marriage must be intimated forthwith to the Government under Rule 21(3). |
When can the Central Government permit such a marriage?
The proviso to Rule 21 allows the Central Government to grant permission only when both prescribed requirements are satisfied:
- the proposed marriage is permissible under the personal law applicable to the Government servant and the other party; and
- there are other grounds for permitting the marriage.
Because the proviso uses cumulative conditions, permissibility under personal law alone does not automatically create a right to permission under the Conduct Rules. The competent Government authority must also be satisfied that there are other grounds for allowing the proposed marriage.
Marriage with a foreign national
Rule 21(3) does not state a general prohibition on a Government servant marrying a person of non-Indian nationality. Instead, it imposes an immediate service obligation to intimate the fact of such marriage to the Government. Any other permission, security, visa, citizenship or service requirements that may apply in a particular case must be examined separately under the relevant rules and instructions.
Why Rule 21 is important for Government servants
The CCS (Conduct) Rules regulate standards of conduct for persons to whom the Rules apply. A breach of Rule 21 may therefore have service-law consequences and can be examined under the applicable disciplinary framework. Government servants should not assume that the validity of a marriage under personal law by itself resolves the separate question of compliance with the Conduct Rules.
Related provisions
For the surrounding framework, readers may also refer to Central Civil Services (Conduct) Rules, 1964, Rule 20 - Canvassing of non-official or other outside influence, and Rule 22 - Consumption of intoxicating drinks and drugs.
Practical note: An employee considering a marriage falling within Rule 21(1) or Rule 21(2) should obtain appropriate departmental guidance before acting. The exact procedure, supporting documents and competent authority may depend on the service, department and applicable Government instructions.
This page is a general legal-information summary of Rule 21 and should be read with the current CCS (Conduct) Rules, applicable departmental instructions and the relevant personal law.