Article 313 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 313 of the Constitution of India along with relevant case law.
🔷 Article 313 – Transitional Provisions Regarding Public Services
🔹 Text of Article 313:
"Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution."
🔹 Meaning & Objective of Article 313:
Article 313 is a transitory provision.
It preserves existing laws (as of 26 January 1950) that governed:
Public services, or
Any post under the government
These laws will continue until they are repealed, modified, or replaced by laws made under the Constitution.
But such existing laws will only continue if they are not inconsistent with the Constitution.
🔹 Key Features:
| Aspect | Explanation |
|---|---|
| Purpose | To ensure continuity in administration and public service |
| Scope | Laws related to public services or posts under Union/States |
| Applies from | 26th January 1950 (Commencement of Constitution) |
| Condition for Continuity | Must be consistent with the Constitution |
| Effect | Prevents legal vacuum and administrative breakdown |
🔹 Historical Context:
India inherited a vast civil service structure from the British era (e.g., ICS, IP, etc.).
Article 313 ensured that:
Colonial laws and rules (e.g., Government of India Act, 1935 provisions) relating to public services would temporarily continue.
Provided legal continuity until Parliament or State Legislatures made fresh laws.
🔹 Examples of Continuation under Article 313:
Service Rules made under the Government of India Act, 1935.
Conduct and Discipline Rules of pre-constitutional origin.
Appointments and terms of service for civil servants governed under old rules until new ones were framed under the Constitution.
🔹 Relevant Case Law:
✅ State of Punjab v. Joginder Singh, AIR 1963 SC 913
Issue: Validity of service rules framed before the Constitution.
Held:
Pre-constitutional laws governing public services continue under Article 313.
Such rules are valid as long as they are not inconsistent with the Constitution.
✅ Kameshwar Prasad v. State of Bihar, AIR 1962 SC 1166
Issue: Challenge to conduct rules framed before Constitution.
Held:
Conduct Rules created before 1950 remain enforceable under Article 313.
But any provision contrary to Part III (Fundamental Rights) would be void under Article 13.
✅ T. Cajee v. U. Jormanik Siem, AIR 1961 SC 276
Context: Continuance of administrative power under transitional provisions.
Held:
Article 313 ensures continuity in governance and public service structure.
Existing administrative machinery remains valid post-Constitution.
✅ Moti Ram Deka v. General Manager, N.E. Frontier Railway, AIR 1964 SC 600
Held:
Pre-constitutional employment conditions under colonial rules held valid under Article 313, unless they violate the Constitution.
If inconsistent with Article 311 (dismissal from service protections), they cannot stand.
🔹 Summary Table:
| Topic | Details |
|---|---|
| Article | 313 |
| Type | Transitional provision |
| Purpose | Continuity of pre-constitutional laws governing public services |
| Applies to | Union and State services |
| Validity condition | Must be consistent with the Constitution |
| Key Cases | Joginder Singh, Kameshwar Prasad, T. Cajee, Moti Ram Deka |
🔹 Conclusion:
Article 313 was vital during the shift from colonial to constitutional governance. It ensured that existing laws on civil services remained operational, avoiding administrative chaos. However, their continuity is subject to constitutional compatibility, especially with fundamental rights and service safeguards like Article 311.
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