Article 314 of the Costitution of India with Case law
🔹 Article 314 of the Constitution of India (Repealed) – Protection of Existing Officers under the Indian Constitution
📘 Original Text of Article 314 (Before Repeal)
Article 314 provided protection to certain civil service officers who were serving under the Government of India or a State at the time of the commencement of the Constitution.
These officers could not be disadvantaged in terms of conditions of service, tenure, or rights by the adoption of the new Constitution.
📅 Repeal of Article 314
Repealed by: The Constitution (Twenty-eighth Amendment) Act, 1972
Date of Assent: 29 August 1972
Reason for Repeal:
Article 314 was seen as protecting a class of civil servants (especially from the ICS cadre) from general reforms and changes being made in the All India Services. Its continuation was hindering administrative reforms and the evolution of a uniform civil service policy.
📌 What Did Article 314 Guarantee?
| Clause | Provision |
|---|---|
| (a) | Protection of existing officers in terms of conditions of service |
| (b) | Rights under previous rules and laws were to remain unaffected by the new Constitution |
| (c) | Parliament could not alter such protections unless specifically provided for |
⚖️ Relevant Case Law and Discussion
Though Article 314 was rarely litigated directly, a few judgments discussed it in context with service protections:
🔹 T.R. Kothandaraman v. T.N. Water Supply Board, AIR 1974 Mad 182
Held: After repeal of Article 314, all government servants are subject to uniform service rules, unless otherwise protected under Article 311.
Relevance: Shows the effect of repeal — no special privileges for pre-Constitution officers.
🔹 Union of India v. Tulsiram Patel, AIR 1985 SC 1416
While not directly under Article 314, this landmark case discussed Article 311 protections for civil servants and how constitutional safeguards evolved post Article 314 repeal.
🔹 S.P. Shivprasad v. State of Madhya Pradesh, AIR 1972 MP 71
Before repeal, Article 314 was cited to uphold existing service conditions of senior civil servants.
Held: Changes in service rules could not override Article 314 protections, unless specifically provided.
🧾 Impact of Repeal of Article 314
| Before Repeal | After Repeal |
|---|---|
| Certain civil servants had special protection | All civil servants subject to uniform service rules |
| Limited power of Parliament to change their terms | Parliament can now fully regulate service conditions |
| Created inequality between old and new officers | Promoted equity and administrative reform |
✅ Conclusion
Article 314, while initially intended to safeguard the service conditions of existing officers post-Independence, became an obstacle to reform and equality in the civil services. Its repeal in 1972 marked a significant administrative shift, promoting uniformity and modernization of India’s bureaucratic framework.
Would you like:
A timeline of important amendments to civil service protections in India?
A comparative summary of Article 311 and Article 314?
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