Article 309

Article 309 of the Constitution of India forms the cornerstone of the legal framework governing the recruitment and conditions of service of persons employed in public services and posts under both the Union and the States. It ensures that appointments to government posts are regulated by a consistent and constitutionally valid system of rules, thereby upholding principles of administrative order, accountability, and fairness within the Indian civil services structure.

Constitutional Context and Purpose

Article 309 appears in Part XIV (Articles 308–323) of the Constitution, which deals with “Services under the Union and the States.” The framers of the Constitution recognised that the effective functioning of the administrative machinery of the Union and States required a well-defined legal and procedural framework governing recruitment, tenure, promotion, and service conditions of public officials.
Before specific legislation could be enacted by Parliament or the State Legislatures, there was a need to provide immediate authority for framing service rules. Article 309 was therefore inserted as an enabling provision, allowing the President or the Governor to make temporary rules regulating recruitment and conditions of service until appropriate legislative Acts were passed.

Text and Key Provisions of Article 309

Article 309 reads:
“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 conditions of service of persons appointed, until provision in that behalf is made by or under an Act of the appropriate Legislature under this Article.”
The key elements of this provision are:

• Legislative Authority: The primary power to regulate recruitment and service conditions rests with Parliament (for Union services) and the State Legislatures (for State services).
• Executive Rule-Making Power: Pending legislation, the President or the Governor may make temporary rules for regulating recruitment and conditions of service.
• Temporary Nature of Rules: Such rules remain operative only until they are superseded or modified by a law enacted by the appropriate Legislature.
• Constitutional Supremacy: All rules or Acts made under this Article must conform to the provisions of the Constitution, including fundamental rights and constitutional safeguards for public servants.

Legislative and Executive Powers under Article 309

(1) Legislative Power:

• Parliament and State Legislatures have the primary authority to enact laws relating to recruitment, promotions, pay structure, tenure, transfers, and other service matters.
• Examples of such legislation include the All India Services Act, 1951, which governs the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS).

(2) Executive Power:

• Until legislative enactments are made, the President (for Union services) and Governors (for State services) can make rules under the proviso to Article 309.
• These rules are administrative in nature but have statutory force until replaced by legislation.
• Once Parliament or the State Legislature enacts a law, the executive rules automatically yield to the new statutory provisions.

Temporary Rules and Their Operation

The proviso to Article 309 plays a crucial role in ensuring continuity of administration. It prevents administrative paralysis by empowering the executive to frame necessary regulations in the absence of legislative action.
The rules framed under this provision—commonly known as “Service Rules”—cover aspects such as:

• Method of recruitment (direct or through promotion).
• Qualifications for appointment.
• Pay scales and allowances.
• Leave, transfer, and pension entitlements.
• Conduct and discipline.

Some notable examples include:

• Central Civil Services (Classification, Control and Appeal) Rules, 1965.
• Central Civil Services (Conduct) Rules, 1964.
• State Civil Services Rules framed by individual States under their respective executive powers.

These rules ensure a standardised and transparent framework for managing public services.

Judicial Interpretation and Key Case Laws

The Supreme Court of India has, through several landmark judgments, clarified the nature, scope, and constitutional validity of Article 309 and the rules made under it.

• State of Mysore v. K. S. Rangappa (1960): The Court upheld the validity of rules made by the Governor under Article 309, confirming that they are binding and carry the force of law until replaced by legislative enactments.
• Union of India v. S. S. N. S. R. Rao (1990): The Court reiterated that Article 309 grants wide powers to frame service rules, but such rules cannot contravene other constitutional provisions, especially those protecting equality (Articles 14 and 16).
• B. S. Yadav v. State of Haryana (1980): The Supreme Court observed that the proviso to Article 309 serves as a transitional arrangement, ensuring the continuity of public service governance.
• Rajbala v. State of Haryana (2016): The Court held that the rule-making power under Article 309 must be exercised reasonably and consistently with fundamental rights.
• T. Cajee v. U. Jormanik Siem (1961): The Court clarified that while the President or Governor acts under Article 309 in an executive capacity, the rules made are nonetheless legally enforceable.

Through these rulings, the judiciary has affirmed that while Article 309 grants flexibility to the executive, this discretion is bounded by constitutional discipline.

Relationship with Articles 310 and 311

Article 309 must be read in conjunction with Articles 310 and 311, as all three form the core of India’s civil service structure:

• Article 310 establishes the doctrine of pleasure, under which government servants hold office at the pleasure of the President or Governor, subject to constitutional safeguards.
• Article 311 provides procedural protections against arbitrary dismissal, removal, or demotion of civil servants.

Together, these provisions strike a balance between executive authority, individual rights, and administrative stability.

Significance and Constitutional Balance

Article 309 serves multiple constitutional purposes:

• Ensures Continuity: Provides an interim legal mechanism for regulating public services until detailed legislation is enacted.
• Maintains Administrative Discipline: Creates a uniform framework for appointments, promotions, and conduct.
• Balances Powers: Ensures a dynamic balance between legislative oversight and executive flexibility.
• Protects Constitutional Values: Guarantees that recruitment and service conditions adhere to equality, fairness, and meritocracy under Articles 14, 16, and 21.

By structuring India’s public service system, Article 309 upholds the Constitution’s broader goal of efficient and impartial governance.

Limitations and Constitutional Safeguards

While Article 309 empowers the executive to make rules, these powers are not absolute.

• Rules cannot violate fundamental rights or other constitutional provisions.
• They remain subject to judicial review to ensure reasonableness and fairness.
• Once a law is enacted by the Legislature, the rules cease to operate to the extent of inconsistency.
• Any arbitrary or discriminatory exercise of power under this Article may be struck down by the courts.

Contemporary Application

Today, Article 309 remains the constitutional basis for regulating the Indian civil services. Both the Union and the States have enacted comprehensive service rules under this Article, which continue to evolve to meet modern administrative needs.

• The Central Civil Services Rules, All India Services Rules, and State-specific Service Rules derive their authority from this Article.
• Amendments and reforms in recruitment procedures—such as the introduction of the Union Public Service Commission (UPSC) and State Public Service Commissions—operate within this framework.