Overview
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Article 313 of the Indian Constitution guarantees continuity of the existing laws regarding public services until new ones are framed. These are applicable to all-India services and Union and State services, provided they are in harmony with the principles of the Constitution. The interim provision is to avoid interruptions in administration and thereby ensure a harmonious transition to the constitutional system. Laws in force are valid only if they conform to the Constitution. Article 313 is not intended to uphold outdated rules forever, but promotes stability during the transition phase. Explore an in-depth analysis of other Constitutional Articles.
Overview |
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Name of the Article |
Article 313 of Indian Constitution: Transitional provisions |
Part of the Constitutional Article |
Part XIV |
Transitional provisions
Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.
Note: "The information on Article 313 of Indian Constitution is referred from the official website of the Indian Code and is for reference only. Original laws and orders remain untouched.
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Article 313 of Indian Constitution safeguards government functioning during the shift to India's constitutional framework.
Under Article 313, all previous laws governing public services and posts are kept legal until they clash with principles from the Constitution. This makes it easier for everyone because old rules are still used until the new ones are in place. The following points shows the significance of Article 313 of Indian Constitution -
It ensures the government does not face chaos while new systems within the Constitution are established.
Various landmark judgments have transformed the interpretation of Article 313 of Indian Constitution. The case Dr. Partap Singh vs. The State of Punjab is relevant to Article 313 of the Indian Constitution in terms of continuity of pre-existing service laws and their applicability during transitional phases.
Article 313 of Indian Constitution guarantees that past laws for government service will only be changed when they differ from those set by the Constitution. In this case, Dr. Partap Singh had his condition of service and retirement disrupted because of decisions taken by administration to suspend his leave and later revoke it. It was argued in court regarding if the acts were in line with the current regulations or motivated by wrongful intentions.
In determining that the rulings against him lacked proper grounds, the Supreme Court added to the protection offered by the Constitution in these areas. This follows Article 313, which guarantees that public service regulations are applied regularly and fairly during periods of transition.
Article 313 of Indian Constitution guarantees a smooth transition from the old to the new system of service. It allows public policies in different posts and services to not change immediately by keeping the current laws in place. However, for laws to endure, they must follow the principles included in the Constitution. Through this mechanism, work in the administration continues without interruption and remains efficient, despite new policy changes.
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