Legislative and Rule-Making Powers Governing Civil Service Recruitment and Terms
Official heading: “Recruitment and conditions of service of persons serving the Union or a State”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XIV, Article 309, printed page 173
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Empowers the appropriate Legislature to enact laws regulating civil service recruitment and service conditions, while authorizing the President and Governors to frame interim service rules.
2. What It Means in Everyday Language
Article 309 provides the legal foundation for the recruitment, promotion, seniority, and terms of service of government employees.
The primary power belongs to Parliament (for Union services) and State Legislatures (for State services) to pass statutory service acts.
Under the proviso, until the Legislature passes an Act, the President or Governor has plenary power to frame statutory service rules (commonly known as "Article 309 rules").
All rules and statutes made under Article 309 are strictly subject to Fundamental Rights, particularly Articles 14 and 16.
3. Practical Illustrative Example
The Governor of a State notifies comprehensive Civil Services Conduct and Recruitment Rules governing eligibility and promotion criteria for state government employees.
4. Important Limits, Qualifications & Exceptions
Article 309 governs public employment terms while subordinating them to constitutional guarantees.
- Legislative supremacy: Acts of the appropriate Legislature override executive rules framed under the proviso.
- Proviso rule-making: Executive rules have statutory force but operate as interim provisions until legislative enactment.
- Subject to Constitution: Service rules cannot violate fundamental rights (Arts. 14, 16, 21) or constitutional safeguards (Art. 311).
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XIV, Article 309, printed page 173 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.