THE PLAIN-LANGUAGE GUIDE
What does this mean?
Parliament can alter specified service conditions of certain pre-Constitution service officers, subject to the Article's qualifications. This is a targeted legacy-service provision, not a general rule for every employee.
Public-service recruitment, tenure safeguards, All-India Services and Public Service Commissions.
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 evidenceArticle 312A was introduced in its present subject framework by Amendment 28 (1972), after the original Constitution. The verified sources are the official edition and the linked Amendment Act and Bill statement. Original 1946–1950 Assembly debates predate this insertion and are not presented as its direct drafting reason. The explanation of function above is editorial; the Bill statement supplies the attributed legislative reasons for the later proposal.
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
[312A. Power of Parliament to vary or revoke conditions of service
of officers of certain services.—(1) Parliament may by law—
(a) vary or revoke, whether prospectively or retrospectively, the
conditions of services as respects remuneration, leave and pension and the
rights as respects disciplinary matters of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, continue on and after the commencement of the Constitution
(Twenty-eighth Amendment) Act, 1972, to serve under the Government
of India or of a State in any service or post;
(b) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects pension of persons who, having been
appointed by the Secretary of State or Secretary of State in Council to a
civil service of the Crown in India before the commencement of this
Constitution, retired or otherwise ceased to be in service at any time before
the commencement of the Constitution (Twenty-eighth Amendment) Act,
1972:
Provided that in the case of any such person who is holding or has held
the office of the Chief Justice or other Judge of the Supreme Court or a High
Court, the Comptroller and Auditor-General of India, the Chairman or other
member of the Union or a State Public Service Commission or the Chief Election
Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as
empowering Parliament to vary or revoke, after his appointment to such post,
the conditions of his service to his disadvantage except in so far as such
conditions of service are applicable to him by reason of his being a person
appointed by the Secretary of State or Secretary of State in Council to a civil
service of the Crown in India.
(2) Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any Legislature or other
authority under any other provision of this Constitution to regulate the conditions
of service of persons referred to in clause (1).
(3) Neither the Supreme Court nor any other court shall have jurisdiction in—
(a) any dispute arising out of any provision of, or any endorsement
on, any covenant, agreement or other similar instrument which was
entered into or executed by any person referred to in clause (1), or
arising out of any letter issued to such person, in relation to his
appointment to any civil service of the Crown in India or his continuance
in service under the Government of the Dominion of India or a Province
thereof;
(b) any dispute in respect of any right, liability or obligation under
article 314 as originally enacted.
(4) The provisions of this article shall have effect notwithstanding
anything in article 314 as originally enacted or in any other provision of this
Constitution.]
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.
