THE CONSTITUTION (TWENTY-EIGHTH AMENDMENT) ACT, 1972

THE CONSTITUTION (TWENTY-EIGHTH AMENDMENT) ACT, 1972

Statement of Objects and Reasons appended to the Constitution
(Thirty-first Amendment) Bill, 1972 (Bill No. 55 of 1972) which was
enacted as THE CONSTITUTION (Twenty-eighth Amendment) Act, 1972

STATEMENT OF OBJECTS AND REASONS

Article 314 of the Constitution guarantees to persons who were
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India and who continued to serve
after the commencement of the Constitution under the Government of
India or of a State the same conditions of service as respects
remuneration, leave and pension and the same rights as respects
disciplinary matters or rights as similar thereto as changed
circumstances may permit, as such persons were entitled to immediately
before such commencement. The concept of a class of officers with
immutable conditions of service is incompatible with the changed
social order. It is, therefore, considered necessary to amend the
Constitution to provide for the deletion of article 314 and for the
inclusion of a new article 312A which confers powers on Parliament to
vary or revoke by law the conditions of service of the officers
aforesaid and contains appropriate consequential and incidental
provisions.

2. The Bill seeks to give effect the above objects.

NEW DELHI; RAM NIWAS MIRDHA.

The 22nd May, 1972.

THE CONSTITUTION (TWENTY-EIGHTH AMENDMENT) ACT, 1972

[27th August, 1972.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Twenty-eighth Amendment) Act, 1972.

(2) It shall come into force on such date_664 as the Central
Government may, by notification in the Official Gazette, appoint.

2. Insertion of new article 312A.-After article 312 of the
Constitution, the following article shall be inserted, namely:-

"312A. Power of Parliament to vary or revoke conditions of service of
officers of certain services (1) Parliament may by law-

(a) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects remuneration, leave and pension and
the rights as respects disciplinary matters of persons who, having
been appointed by the Secretary of State or Secretary of State in
Council to a civil service of the Crown in India before the
commencement of this Constitution, continue on and after the
commencement of THE CONSTITUTION (Twenty-eighth Amendment) Act, 1972,
to serve under the Government of India or of a State in any service or
post;

(b) vary or revoke, whether prospectively or retrospectively, the
conditions of service as respects pension of persons who, having been
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India before the commencement of
this Constitution, retired or otherwise ceased to be in service at any
time before the commencement of the Constitution (Twenty-eighth
Amendment) Act, 1972:

Provided that in the case of any such person who is holding or has
held the office of the Chief Justice or other Judge of the Supreme
Court or a High Court, the Comptroller and Auditor-General of India,
the Chairman or other member of the Union or a State Public Service
Commission or the Chief Election Commissioner, nothing in sub-clause
(a) or sub-clause (b) shall be construed as empowering Parliament to
vary or revoke, after his appointment to such post, the conditions of
his service to his disadvantage except in so far as such conditions of
service are applicable to him by reason of his being a person
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India.

(2) Except to the extent provided for by Parliament by law under this
article, nothing in this article shall affect the power of any
legislature or other authority under any other provision of this
Constitution to regulate the conditions of service of persons referred
to in clause (1).

(3) Neither the Supreme Court nor any other court shall have
jurisdiction in-

(a) any dispute arising out of any provision of, or any endorsement
on, any covenant, agreement or other similar instrument which was
entered into or executed by any person referred to in clause (1), or
arising out of any letter issued to such person, in relation to his
appointment to any civil service of the Crown in India or his
continuance in service under the Government of the Dominion of India
or a Province thereof;

(b) any dispute in respect of any right, liability or obligation under
article 314 as originally enacted.

(4) The provisions of this article shall have effect notwithstanding
anything in article 314 as originally enacted or in any other
provision of this Constitution.".

3. Omission of article 314.-Article 314 of the Constitution shall be
omitted.