2. Article 309 of Constitution



2.1 Article 309 of the Constitution is reproduced below: Article 309 of Constitution “Recruitment and conditions of service of persons serving the Union or a State —Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act”.

2.2 This Article empowers the Parliament or the State Legislature to make laws to regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or the State, as the case may be. It also authorises the President or the Governor to make rules for the above purposes until provision in that behalf is made by or under an Act of Parliament or the State Legislature.

2.3 The following are the relevant Acts and Rules:
(i) The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.
(ii) The Andhra Pradesh Civil Services (Conduct) Rules, 1964.
(iii) The Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960.
(iv) The Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Rules, 1989.
(v) The All India Services (Discipline and Appeal) Rules, 1969.
(vi) The All India Services (Conduct) Rules, 1968.

2.4 The Andhra Pradesh Civil Services (Conduct) Rules and the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules govern the State and Subordinate services of the State and are made by the Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution, while the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act was enacted by the State Legislature and the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Rules were made in exercise of the powers conferred by the Act.

2.5 The All India Services (Discipline and Appeal) Rules and the All India Services (Conduct) Rules were made by the Central Government in exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951, which was enacted under Article 312 of the Constitution. The three All India Services created so far are the Indian Administrative Service, the Indian Police Service and the Indian Forest Service.