Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Articles 310 to 313 of the Indian Constitution: Public Services and Public Service Commissions

Articles 310 to 313 of the Indian Constitution: Public Services and Public Service Commissions



Introduction :

The Indian Constitution incorporates provisions regarding public services and the establishment of Public Service Commissions. Articles 310 to 313 outline these provisions, focusing on the appointment, tenure, and conditions of service for public servants, as well as the role and functions of Public Service Commissions. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India.


Article 310: Tenure of office of persons serving the Union or a state :

Article 310 provides security of tenure to public servants serving the Union or a state. It ensures that public servants cannot be dismissed or removed from service without an inquiry and due process. The case of Shyam Lal v. the State of U.P. provides insights into the interpretation and application of Article 310. The Supreme Court, in this case, emphasized that even temporary or contractual employees are entitled to protection under Article 310, and any termination without proper procedure would be unconstitutional. This judgment reinforces the significance of Article 310 in safeguarding the rights of public servants and ensuring administrative fairness.


Article 311: Dismissal, removal, or reduction in rank of persons employed in civil capacities under the Union or a state :

Article 311 provides safeguards against arbitrary dismissal, removal, or reduction in rank of public servants employed in civil capacities under the Union or a state. It mandates that a public servant cannot be dismissed, removed, or reduced in rank except after an inquiry and the opportunity to defend themselves. The case of Union of India v. Tulsiram Patel provides insights into the interpretation and application of Article 311. The Supreme Court, in this case, held that an inquiry under Article 311 should adhere to the principles of natural justice, including the right to be heard and the right to cross-examine witnesses. This judgment underscores the importance of Article 311 in ensuring procedural fairness and protecting public servants from arbitrary actions.


Article 312: All-India services :

Article 312 empowers the Parliament to create All-India services that cater to the needs of the Union as well as the states. These services, such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS), provide a common pool of officers who can be assigned to various positions across the country. While there may not be specific case laws directly related to Article 312, the provision emphasizes the importance of a unified administrative structure that promotes efficiency, expertise, and coordination among different levels of government.


Article 313: Transitional provisions :

Article 313 provides transitional provisions for public servants who were appointed to a civil service or post before the commencement of the Constitution. It ensures that these public servants are protected and their terms and conditions of service are not adversely affected by the adoption of the Constitution. While there may not be specific case laws directly related to Article 313, the provision underscores the importance of providing continuity and stability to public servants during the transition from pre-Constitutional to Constitutional governance.


Conclusion :

Articles 310 to 313 of the Indian Constitution provide a comprehensive framework for public services and the establishment of Public Service Commissions. Through relevant case laws and practical examples, we have observed the significance of these provisions in safeguarding the tenure and conditions of service for public servants, ensuring administrative fairness, promoting efficiency through All-India services, and providing transitional protections. As India progresses in the modern era, it is crucial to sustain the discourse surrounding Articles 310 to 313, facilitating a robust and efficient public service system that upholds the principles of accountability, transparency, and professionalism.

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