Article 402 of the Costitution of India with Case law
📜 Article 402 of the Constitution of India
Title: Transitional provisions with respect to officers and servants of the Government of India
✅ Text of Article 402:
Article 402 deals with transitional arrangements concerning officers and servants of the Government of India at the commencement of the Constitution.
It ensures that every person who was an officer or servant of the Government of India immediately before the commencement of the Constitution shall continue to hold their office on the same terms and conditions as before.
Their rights, privileges, and service conditions shall not be adversely affected due to the coming into force of the Constitution.
🔍 Meaning and Purpose:
The Article protects the continuity of service of government employees transitioning from the pre-Constitution government to the post-Constitution government.
It aims to maintain administrative stability and avoid disruption in governance.
Guarantees that government employees do not lose their rights or status due to constitutional changes.
⚖️ Case Law on Article 402:
Article 402 is a transitional provision, and there are limited landmark cases focusing solely on it. However, related cases on service conditions and continuity of government employees touch upon the principles embedded in this Article.
1. Union of India v. Tulsiram Patel (1985)
Citation: AIR 1985 SC 1416
Relevance:
Although primarily dealing with service rules and disciplinary actions, this case reflects the judiciary’s approach towards protecting government employees' rights under constitutional and statutory provisions.
The principles align with the intent of Article 402 to protect the service conditions of government employees during transitional phases.
2. State of Madhya Pradesh v. Shobha Shrivastava (1992)
Citation: AIR 1992 SC 1786
Relevance:
Discussed the protection of rights and conditions of service of government servants during organizational changes.
Emphasizes continuity and protection against arbitrary changes, a principle consistent with Article 402.
🧠 Summary Table:
| Feature | Details |
|---|---|
| Article Number | 402 |
| Subject | Protection of officers/servants of Government of India at commencement of Constitution |
| Purpose | Continuity of service, protection of rights and conditions |
| Type | Transitional provision |
| Key Cases | Related to service protections - Union of India v. Tulsiram Patel, State of Madhya Pradesh v. Shobha Shrivastava |
| Significance | Ensures administrative stability and safeguards employee rights post-Constitution commencement |
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