Article 312A In English | Article 312A Of Indian Constitution In English | What Is Article 312A

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Article 312A Of Indian Constitution In English

Article 312A – Power of Parliament to vary or revoke conditions of service of officers of certain services.
(1) Parliament may by law.
(a) vary or revoke, whether prospectively or retrospectively, the conditions of service 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 eight 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 b 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 eight 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 members 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 condition of his service to his disadvantage except in so far as such conditions of his service to his disadvantage except in so far as such condition 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; any dispute in respect of any right, liability or obligation under Article 314 as originally enacted The provisions of the article shall have effect notwithstanding anything in Article 314 as originally enacted or in any other provision of this Constitution.

Indian Constitution part 14 articles

Article 312A In English

312A Article – Power of Parliament to vary or cancel the conditions of service of officers of certain services.
(1) Parliament may by law.
(a) whether separately or retrospectively, the conditions of service in respect of remuneration, leave and pension and the powers in respect of disciplinary matters of persons appointed to the Council by the Secretary of State or the Secretary of State. The civil service of the Crown in India before the commencement of this Constitution shall continue after the commencement of the Constitution (Twenty-Eight Amendment) Act, 1972 to serve in any service or post under the Government of India or any State;
(b) separately or retrospectively, separately or retrospectively, the conditions of service in respect of the pension of persons appointed as Secretaries of State or Secretaries of State to the civil service of the Crown in India has gone. He ceased to be in service at any time before the commencement of the Constitution, the Constitution (Twenty-Eight Amendment) Act, 1972: Provided that in the case of any person holding or having held the office of a Chief Justice or other Judge of the Supreme Court or High Court, the Comptroller and Auditor General of India, the President or other member of the Union or the State Public Service Commission or the Chief Election Commissioner, nothing in sub-section (a) or sub-section (b) of Parliament After appointment to such post, his conditions of service shall be deemed to be modified or canceled to the detriment of him, except in respect of such conditions of his service as may be necessary for the State for civil service of the Crown in India. Being a Secretary or a person appointed by the Secretary of State to the Council such condition of service applies to him, besides damages.
(2) Save as to the extent provided 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 exercise powers of any person referred to in clause to regulate the terms of service. (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction.
(a) any dispute arising out of any provision of, or any endorsement of, any contract, agreement or other similar instrument, which was entered into or executed by any person referred to in clause (1), or any such person, in connection with his appointment to any civil service of the Crown in India or in connection with his continuation in service under the Government of the Dominion of India or the province thereof; In any dispute in respect of any right, obligation or liability under Article 314 as originally enacted, the provisions of this Article shall have effect notwithstanding anything contained in Article 314 as originally enacted or in any other provision of this Constitution.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 312A Of Indian Constitution?

Article 312A Debate Summary

This Article was introduced in the Constitution in 1972 and therefore was not discussed in the Constituent Assembly.

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