Articles 308, 309 and 310 of the Constitution of India
Part XIV of the Constitution deals with services under the Union and the States. Articles 308, 309 and 310 form the opening provisions of Chapter I: they address interpretation, the constitutional basis for recruitment and service-condition rules, and the tenure of persons serving the Union or a State.
Updated: 19 September 2026
Article 308 - Interpretation
What it does: Article 308 is the interpretation provision for Part XIV of the Constitution. The official constitutional text states that, unless the context otherwise requires, the expression "State" in this Part does not include the State of Jammu and Kashmir.
Article 309 - Recruitment and conditions of service of persons serving the Union or a State
Meaning: Article 309 provides the constitutional framework for regulating recruitment and conditions of service of persons appointed to public services and posts connected with the affairs of the Union or a State. The power is expressly subject to the other provisions of the Constitution.
Legislative power: The appropriate Legislature may enact laws regulating recruitment and conditions of service for the relevant public services and posts.
Rule-making power until legislation is made: For Union services and posts, the President or a person directed by the President may make rules. For State services and posts, the Governor or a person directed by the Governor may make rules. Such rules operate until provision is made by or under an Act of the appropriate Legislature and remain subject to that Act.
Why Article 309 matters
Recruitment rules, eligibility requirements, appointment procedures and many service conditions in public employment may derive from legislation or rules made under the proviso to Article 309. Because the Article begins with the words "Subject to the provisions of this Constitution", service legislation and rules must operate consistently with applicable constitutional provisions.
Article 310 - Tenure of office of persons serving the Union or a State
Meaning: Article 310 embodies the constitutional doctrine commonly called the "doctrine of pleasure", subject to express provisions of the Constitution.
Clause (1): Members of a defence service, a civil service of the Union or an All-India Service, and persons holding specified posts under the Union, hold office during the pleasure of the President. Members of a State civil service and persons holding civil posts under a State hold office during the pleasure of the Governor.
Clause (2): In the circumstances specified by the Article, a contract appointing a person with special qualifications to a civil post may provide for compensation if the post is abolished before the agreed period expires or the person is required to vacate it for reasons not connected with misconduct.
The pleasure doctrine is not read in isolation. Article 310 itself begins with the qualification "Except as expressly provided by this Constitution". In the case of persons employed in civil capacities, Article 311 contains important constitutional safeguards concerning dismissal, removal and reduction in rank.
How Articles 309 and 310 work together
Article 309 concerns the legal framework for recruitment and conditions of service, while Article 310 concerns constitutional tenure. They form part of the same scheme governing public services and must be read with other relevant constitutional provisions, particularly Article 311 where dismissal, removal or reduction in rank is involved.
Official sources
- Constitution of India - Legislative Department, Ministry of Law and Justice
- India Code - Government of India
Note: This page is a general legal information resource. For the authoritative constitutional text and amendments, refer to official Government of India publications.