Article 312A of CoI : Article 312A: Power of Parliament to vary or revoke conditions of service of officers of certain services.

Explanation using Example

Example 1:

Mr. Sharma was appointed to a civil service position by the Secretary of State in Council before the Indian Constitution came into effect. He continued to serve under the Government of India after the Constitution was enacted. In 2023, Parliament passed a law that changed the pension conditions for such officers, applying the changes retrospectively from 2010. Mr. Sharma's pension amount was reduced as a result of this new law. Although Mr. Sharma was unhappy with the reduction, he could not challenge the law in court because Article 312A(1)(a) allows Parliament to vary or revoke conditions of service, including pensions, retrospectively.

Example 2:

Ms. Verma, who was appointed to a civil service position by the Secretary of State before the Constitution came into effect, retired in 1965. In 2023, Parliament passed a law that altered the pension conditions for such retired officers, applying the changes retrospectively from 2000. Ms. Verma's pension benefits were reduced due to this new law. Despite her dissatisfaction, she could not challenge the law in court because Article 312A(1)(b) permits Parliament to vary or revo...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.