Article 309 Recruitment and conditions of service of persons serving the Union or a State –
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 2 *** 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, and any rules so made shall have effect subject to the provisions of any such Act.
Under Article 309 of the Indian Constitution, it empowers the Parliament of India and respective State
Legislatures to regulate and provide rules and laws for the appointment and regulation of the Civil
Servants in the Country for both the persons appointed under the Union and State Governments,
respectively.
The provision also expressly states that until the provisions or law regarding the aforesaid is not made by
the Parliament or any or all State Legislature than under such circumstances the President or the Governor
of the State holds the Authority to make laws which may be temporary for regulating and operating such
appointments saving the country from mal-administrative and failure.
It can widely be seen by the language and vocabulary used in the Article 309 as: Subject to the Provisions
of the Constitution makes one thing crystal clear that the rules and acts made for the appointments and
postings of the Civil Servants and the Rule-making Powers of the Executive Organ or the Administrative
Officials concerned must not abrogate any provisions of the Indian Constitution, hugely including the
Fundamental Rights of any individual.
The one very basic question which usually raises in the minds of the readers is regarding the
Constitutional Validity of the Right to Strike of the Civil Servants. It is quite clear in minds of the readers
that despite some Government Officials or any particular groups of professionals being indulged in the
Government Service are having their registered trade unions but, even under any law or even our
Constitution of India, Right to Strike is not a Fundamental or Constitutional Right.
