Tenure of office of persons serving the Union or a State

Quick Summary (TL;DR)

Article 310 (Tenure of office of persons serving the Union or a State): Regulates civil services, tenure security (Art 311), and independent Public Service Commissions (UPSC/PSC) under Part XIV.

In Simple Citizen Words

Article 310 ('Tenure of office of persons serving the Union or a State') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (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...

Key Constitutional Provisions

Constitutional Mandate (Art. 310): Directly codifies the legal rule for 'Tenure of office of persons serving the Union or a State' under Part XIV

Structured across 2 clause(s) with clear procedural conditions

Exercises of constitutional office under this article must follow aid, advice, and established constitutional conventions

Exceptions & Reasonable Restrictions

Under Article 319, UPSC/PSC Chairpersons and Members are barred from holding subsequent government employment to prevent political favouritism in recruitment.

Why This Matters in Daily Life

Protects merit-based competitive recruitment for youth and shields honest government officers from political victimization.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Sardar Vallabhbhai Patel & Dr. B. R. Ambedkar

Deputy Prime Minister & Drafting Chairman • August 22–23 & October 10, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 310: Protecting civil servants from political victimization (Art 311) and insulating public recruitment from nepotism through independent Public Service Commissions (UPSC/PSC).

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"Remove them and I see nothing but a picture of chaos all over the country... You will not have a united India if you do not have a good All-India Service which has the independence to speak out its mind."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 310: Enacted Part XIV (Articles 308–323) guaranteeing natural justice before dismissal (Art 311) and establishing independent Union and State Public Service Commissions (Arts 315–323).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 310 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (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.

Clause (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 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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Tenure of office of persons serving the Union or a State

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 310 (Tenure of office of persons serving the Union or a State) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 310 (Tenure of office of persons serving the Union or a State): Regulates civil services, tenure security (Art 311), and independent Public Service Commissions (UPSC/PSC) under Part XIV.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

Article 309 Ask Nyaya Saarthi AI About This Article Article 311

Emergency Citizen Helplines

Tenure of office of persons serving the Union or a State

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications