Article 309

Indian Veterans For Democracy (IVD); A political front of retired military soldiers

We have served democratic India with our blood, now we will live for democracy Veterans have a political stake in the democracy and will exert and exercise it

Non Implementation of Constitutional Provisions

For laying down recruitment and service Conditions

for

Indian Defense Forces



Do you know that Service Conditions of Indian Defense Forces are still being

governed by an

Defense Services Regulations?

And not by an Act and Rules as desired under the constitution



Background of DSR

• DSR was first issued by British Central Govt in India (under viceroy) to regulate responsibilities, service conditions and administration of all British Indian Troops.

• British Imperial Govt in London however made proper acts and rules for British Troops in India for above subjects.

• To maintain discipline and give punishment powers to British Officers of British Indian Troops, however British Parliament passed Army Acts and Rules separately.



• After independence , Indian Central Govt adopted the same arrangement

• Though constitution made a provision for passing the required acts and rules for organization structure, responsibilities, service conditions and administration.

• But the same interim arrangement still exist and the constitutional provisions have not been implemented.



What are the constitutional provisions?

Article 309 Recruitment and conditions of service of persons serving the Union or a State 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 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



Please Note – Provisions of Article 309

• Under this article regulatory provisions for recruitment and condition of service need to be made in relation to all public services and posts.

• Such recruitment and service conditions shall be regulated by an acts and rules ( mandatory requirement)

• Until then (such acts and rules are made) Govt or an authority on his behalf shall regulate under the provisions of this act, such recruitment and service conditions ( interim arrangement).



Article 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

•

http://indiankanoon.org/doc/1820385/




• Every person in public service hold office at

the pleasure of the president

• This article further classify such public services and clearly mentions defense service as a separate public service first in order of precedence followed by Civil Service of Union ( ICS; since abolished) and all India Services ( IAS, IPS etc)



311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the

Union or a State

This article doesn’t apply to defense service due to obvious reasons as their dismissal is governed by Military Laws.



Article - 312. All India Services (1) Notwithstanding anything in Chapter VI of Part VI or Part XI,

if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services (including an all India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service

(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article




• IAS, IPS are part of All India Services

• And their services to be utilized by union and state both

• And required acts to be passed by parliament and state.



Please Note- Constitutionally • Defense services are part of public services but are separate

than civil services (ICS- abolished) and all India Services (IAS and IPS). Constitution makes a clear distinction between two.

• Under article 309, acts and rules need to be passed by parliament for defense services for governing their recruitment and condition of services.



Why a need for an Act and Rule Under Article 309

• Defense officers are commissioned officers their existence needs a backing of law and not a regulation. The law will clarify their legal status ( as judge, as magistrate, as operation and administrative head – that’s why commissioned officer) Such clarification will settle the most serious bone of contention about their status vs civil servants.

• DSR gives the broad organization structure, responsibilities of various appointments and other administrative provisions. Such sensitive issues can not be left to regulation issued by Def Secy. Like responsibilities of Chief or Army Cdr? It shall be parliament which shall decide their roles and not the Minister of Defense or Govt.

• Non existence of suitable act debars defense officers to be part of government as their entity is only through a DSR? IAS and IPS officers have their own suitable acts and rules under same provisions and also under Article 312 ( basically to allow them work in states)

• Spirit of article 309 demands passing of an act and rule and control of parliament on such sensitive issues ( not to be left to government)



VETERANS DEMAND PARLIAMENT TO PASS A SUITABLE ACT

UNDER ARTICLE 309 OF INDIAN CONSTITUTION FOR LAYING DOWN CLEAR RECRUITMENT AND SERVICE CONDITIONS

FOR DEFENCE SERVICES

By

Colonel Ashok Kumar Singh; Veteran

Convener

Veterans for Democracy

Article 309

News & Politics

Transcript of Article 309