Article 308 of the Costitution of India with Case law
Article 308 of the Constitution of India
Title: Interpretation — In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
🔹 Text of Article 308:
In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.
📘 Explanation of Article 308:
Article 308 is the introductory provision to Part XIV of the Constitution, which deals with Services under the Union and the States (Articles 308 to 323).
It defines the scope of the term "State" for the purpose of this Part only.
It states that Jammu & Kashmir (J&K) was excluded from the provisions of Part XIV unless specified otherwise.
⚠️ Note: This was due to the special status granted to J&K under Article 370, which allowed it to have its own Constitution and laws on certain subjects.
🔄 Status After Abrogation of Article 370 (August 5, 2019):
The special status of J&K was revoked, and Article 370 was effectively abrogated.
As a result, Article 308's exclusion of J&K no longer applies, and now Part XIV applies to the entire Union of India, including Jammu and Kashmir, which is now a Union Territory (with legislature).
🧾 Impact of Article 308 (Before 2019):
Laws regarding recruitment, dismissal, or conduct of civil servants in J&K were governed by State laws, not the All India Services rules or the Union laws under Part XIV.
Central rules (like those under Article 311 for dismissal from service) did not apply to J&K automatically.
⚖️ Relevant Case Law (Contextual/Indirect):
Although there is no direct landmark case on Article 308, some related case laws help explain its context and implications:
🔹 Sampat Prakash v. State of Jammu & Kashmir (1969)
Issue: Validity and continuation of Article 370.
Held: Article 370 was temporary but continued due to no Presidential order to repeal.
Relevance: Reinforced J&K's special constitutional position, due to which Article 308’s exclusion was maintained.
🔹 Union of India v. Tulsiram Patel (1985)
Context: Article 311 (dismissal of civil servants).
Held: Explained the protections under Part XIV for civil servants.
Relevance: Illustrates the kind of provisions excluded from J&K due to Article 308 (before 2019).
🔹 In Re: Abrogation of Article 370 – Supreme Court Verdict (2023)
Issue: Constitutionality of the abrogation of Article 370.
Held: The Supreme Court upheld the abrogation of Article 370 and reorganization of J&K.
Impact on Article 308: The exclusion of J&K from Part XIV ended, and now civil services provisions apply uniformly to J&K.
🧩 Summary Table:
| Feature | Before 2019 | After 2019 |
|---|---|---|
| J&K Status | Special, Part XIV not applicable | Union Territory, Part XIV applicable |
| Article 308 Exclusion | Effective | Now obsolete in practice |
| Civil Service Rules | State-specific | All-India/Union Rules apply |
📌 Conclusion:
Article 308 served a limited interpretive purpose by excluding Jammu & Kashmir from the scope of Part XIV (Services under the Union and States) due to its special status under Article 370. With the abrogation of Article 370 in 2019, this exclusion has ceased to be relevant, and now all service-related provisions apply uniformly across India, including J&K.
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