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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 310
Tenure of office of persons serving the Union or a State

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26 Parts12 Schedules506 indexed article entries, including historical omissions
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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 310 / Part XIV

Tenure of office of persons serving the Union or a State

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

Covered public servants hold office during the pleasure of the President or Governor, subject to constitutional exceptions. This must be read with Article 311 and other service protections rather than as unrestricted dismissal power.

Public-service recruitment, tenure safeguards, All-India Services and Public Service Commissions.

PURPOSE & CONTEXT

Why is this provision here?

Public-service institutions need predictable appointment, independence, continuity and accountability arrangements. This is the particular safeguard or enabling rule described above.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

Read the official constitutional text
310. Tenure of office of persons serving the Union or a State.—(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor *** of the State. (2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor *** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor ***, as the case may be, deems it 173 necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.
Source-page notes · may concern neighbouring Articles

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "means a State specified in Part A or Part B of the First Schedule" (w.e.f. 1-11-1956). 2. The words "or Rajpramukh" omitted by s.29 and Sch., ibid (w.e.f. 1-11-1956). 3. The words "or, as the case may be, the Rajpramukh" omitted by s.29 and Sch., ibid. . (w.e.f. 1-11-1956).

1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3) (w.e.f. 5-10-1963). 2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44 (w.e.f. 3-1-1977). 3. Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.