📚 UPSC Relevant
Article 314 of the Indian Constitution was originally designed to protect the existing officers of certain services. This provision ensured that these officers could continue their positions without fear of being dismissed or demoted due to changes in laws or regulations. The article served to safeguard the interests of these officers, allowing them to perform their duties without undue stress or pressure from political changes. However, this protection was limited to specific services and did not apply universally to all government employees. The article was major during its time, as it helped establish a sense of stability within government services. It affected officers who were already in service when the Constitution came into effect, ensuring their jobs were secure despite potential future changes in the political landscape. This provision was particularly relevant during times of political upheaval, where job security could be threatened by shifts in governance or policy. The assurance of job protection facilitated a more effective administration. However, Article 314 was omitted by the Constitution (Twenty-eighth Amendment) Act in 1972. This change reflected a shift in the approach towards government services, emphasizing a more merit-based system. The decision to remove the article came as part of broader reforms aimed at modernizing governance and aligning it with contemporary values. As a result, the removal of this article allowed for a more dynamic and accountable system, although it also meant that existing officers could face challenges in their roles without the previously assured protections.
Article 314 was introduced when the Constitution was adopted in 1950, aimed at safeguarding certain service officers. The Constituent Assembly debated this provision, weighing the need for stability against the demand for accountability in governance. It was omitted by the Constitution (Twenty-eighth Amendment) Act in 1972 due to growing concerns for meritocracy in public services. The Supreme Court cases like ‘Union of India v. R.C. Jain’ emphasized the necessity for revisiting such protections to enhance the effectiveness and accountability of governance in India.
Consider the following statements regarding Article 314 of the Indian Constitution: A) It was designed to protect certain service officers. B) It has never been amended since its introduction. C) The article was omitted by the Twenty-eighth Amendment Act, 1972. D) It applies to all government employees without exception. Which of the above statements are correct? Choose the correct option and explain the reasoning behind your answer.
The correct answer is A and C. Article 314 was indeed meant to protect certain officers, but it was omitted by the Twenty-eighth Amendment Act in 1972. However, statement B is incorrect as it was amended and omitted, while D is also incorrect since it did not apply to all employees.
Article 314 provided job protection specifically for certain officers in government services. It ensured that these officers could not be dismissed or demoted without just cause or due process. However, this protection was limited only to certain services and did not extend to all government employees, highlighting a distinction in job security.
This provision was particularly relevant during times of political upheaval, where job security could be threatened by shifts in governance or policy. The assurance of job protection facilitated a more effective administration. However, Article 314 was omitted by the Constitution (Twenty-eighth Amendment) Act in 1972. Article 314 of the Indian Constitution was originally designed to protect the existing officers of certain services.
This change reflected a shift in the approach towards government services, emphasizing a more merit-based system. The decision to remove the article came as part of broader reforms aimed at modernizing governance and aligning it with contemporary values. As a result, the removal of this article allowed for a more dynamic and accountable system, although it also meant that existing officers could face challenges in their roles without the previously assured protections.
Article 395: Repeals The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the
Article 394: Commencement This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the
Article 394A: Authoritative text in the Hindi language (1) The President shall cause to be published under his authority,— (a) the translation of this
Article 392: Power of the President to remove difficulties (1) The President may, for the purpose of removing any difficulties, particularly in relation to
Article 393: Short title This Constitution may be called the Constitution of India.
Article 390: Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 Omitted by the
Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies Omitted by the Constitution (Seventh Amendment) Act,
Article 388: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States Omitted by the
Article 389: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States Omitted by the Constitution
Article 386: Council of Ministers for States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f.
Article 387: Special provision as to determination of population for the purposes of certain elections Omitted by the Constitution (Seventh Amendment) Act,
Article 384: Council of Ministers of the Governors Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 385: Provision as to provisional Legislatures in States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 382:Provisions as to provisional Legislatures for States in Part A of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 381: Council of Ministers of the President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 380: Provision as to President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly Notwithstanding anything contained in article 172, the Legislative
Article 379: Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 377: Provisions as to Comptroller and Auditor-General of India The Auditor-General of India holding office immediately before the commencement of this
Article 378: Provisions as to Public Service Commissions (1) The members of the Public Service Commission for the Dominion of India holding office immediately
Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution All courts of civil, criminal and revenue
Article 376: Provisions as to Judges of High Courts (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province
Article 373: Power of President to make order in respect of persons under preventive detention in certain cases Until provision is made by Parliament under
Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council (1) The Judges of the
Article 372: Continuance in force of existing laws and their adaptation (1) Notwithstanding the repeal by this Constitution of the enactments referred to in
Article 372A: Power of the President to adapt laws. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof,
Article 371I: Special provision with respect to the State of Goa Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa
Article 371J: Special provisions with respect to the State of Karnataka (1) The President may, by order made with respect to the State of Karnataka, provide
Article 371G: Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of—
Article 371H: Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal
Article 371F: Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State
Article 371E: Establishment of Central University in Andhra Pradesh Parliament may by law provide for the establishment of a University in the State of Andhra
Explanation.—In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas.
Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana (1) The President may by order made with respect to the
Article 371A: Special provision with respect to the State of Nagaland (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect
Article 371B: Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with
Article 370: Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything in this Constitution,— (a) the provisions of
Article 371: Special provision with respect to the States of Maharashtra and Gujarat (2) Notwithstanding anything in this Constitution, the President may by
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Article 366: Definitions In this Constitution, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned
Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with, or to give
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but
Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any
Article 362: Rights and privileges of Rulers of Indian States Omitted by the Constitution (Twenty-sixth Amendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
Article 361: Protection of President and Governors and Rajpramukhs (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any