Home The Constitution Part XIV Article 309

Art. 309 Part XIV: Services Under the Union and the States

Recruitment and Conditions of Service of Persons Serving the Union or a State

Exact text — Constitution of India

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...

In Plain English

What this Article actually means

This Article gives Parliament (for Union services) and State Legislatures (for state services) the primary power to regulate civil service recruitment and conditions of service through law — but importantly, until such a law exists, the President or Governor can make interim rules covering the same ground, ensuring recruitment and service administration doesn't grind to a halt waiting for legislation.

Why This Matters To You

How it shows up in everyday life

This is why a great deal of civil service administration in India actually operates through executive RULES (made by the President/Governor) rather than full Acts of the Legislature — this Article specifically permits and legitimises that practical arrangement.

Read alongside this one

Art. 311 — Protection Against Arbitrary Dismissal

Frequently Asked

Quick answers about Article 309

Can civil service conditions be set entirely by executive rules without any Act of the Legislature?

Yes, as an interim arrangement — this Article specifically allows executive rule-making to fill the gap until (and unless) the Legislature passes its own Act on the matter, and much of India's civil service framework has continued to operate this way in practice.

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The text above reproduces Article 309 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.