AI Overview...
Summary of Supreme Court Decision on Article 319(d) of the Constitution of India
Key Points and Insights
-
Scope of Article 319(d): The Supreme Court has clarified that Article 319(d) pertains specifically to the appointment and removal of certain constitutional and statutory authorities and does not extend to civil servants or ordinary employees. It is primarily concerned with public officers holding constitutional or statutory offices (e.g., judges, members of tribunals) Om Prakash Joshi, Advocate VS State of Rajasthan & - Rajasthan, Har Govind Pant VS Chancellor, University of Rajasthan - Rajasthan.
-
Distinction from Other Articles: The Court distinguished Article 319(d) from Articles 157 and 165, emphasizing that Article 319(d) is a special provision applicable to specific offices, and cannot be projected into or interpreted as covering all employment or civil service matters Har Govind Pant VS Chancellor, University of Rajasthan - Rajasthan.
-
Judicial Interpretation: Several judgments have reinforced that Article 319(d) does not grant the power to terminate or discipline civil servants or employees of statutory bodies unless explicitly specified. The Court has also held that the authority to remove or dismiss civil servants is governed by statutory rules and service conditions, not Article 319(d) Murlidhar Joshi VS State of Rajasthan - Rajasthan, Sugan Chand VS State of Rajasthan - Rajasthan.
-
Application to Specific Cases: In cases involving misconduct or disciplinary actions, the Court has maintained that the procedures are to be followed as per service rules or statutory provisions, and Article 319(d) does not provide an independent authority for such actions In Re: Mepung Tadar Bage, Member, Arunachal Pradesh Public Service Commission VS . - Supreme Court, Manohar Lal Saini VS State of Rajasthan - Rajasthan.
-
Relation to Other Constitutional Provisions: The Court has also noted that Article 319(d) is linked to the appointment and removal of constitutional authorities, and its scope is limited to those offices. The judicial review of decisions under this article is limited to constitutional validity, not the merits of employment or disciplinary decisions Om Prakash Joshi, Advocate VS State of Rajasthan & - Rajasthan.
Analysis and Conclusion
-
The Supreme Court's consistent stance is that Article 319(d) is a special provision applicable only to certain constitutional and statutory authorities, and does not extend to civil servants or employees in general.
-
Disciplinary actions, termination, or removal of civil servants are governed by statutory rules and service conditions, not by Article 319(d).
-
The Court has emphasized that the separation of powers and constitutional provisions limit the scope of Article 319(d), and its application must be confined to the offices it explicitly covers.
-
In summary, Article 319(d) does not provide a general authority to remove or discipline civil servants, and any such actions must be based on statutory rules and procedures.
References:
- Om Prakash Joshi, Advocate VS State of Rajasthan & - Rajasthan, Har Govind Pant VS Chancellor, University of Rajasthan - Rajasthan, Murlidhar Joshi VS State of Rajasthan - Rajasthan, Sugan Chand VS State of Rajasthan - Rajasthan, In Re: Mepung Tadar Bage, Member, Arunachal Pradesh Public Service Commission VS . - Supreme Court, Manohar Lal Saini VS State of Rajasthan - Rajasthan
Search Results for "Supreme Court Decision on Article 319 d of the Constitution of India"
1978 0 Supreme(Raj) 378 • India - Rajasthan
S.C.AGRAWAL
of compulsory retirement, relying on the Supreme Court decision in Rajkumar v. ... Union of India and Ors. AIR 1975 Supreme Court 1117. 2. ... Final Decision: The Court dismissed the writ petition, holding that there was no merit in any of the contentions urged by ... AIR 1966 Supreme Court 602 , wherein it has been held that the power to frame rules conferred on the Governor under the proviso to Article....
1995 0 Supreme(Raj) 815 • India - Rajasthan
J.R.CHOPRA, P.K.PALLI
Final Decision: The Court dismissed the petition, holding that Rule 250 of the Rajasthan Service Rules, 1951, and Regulation ... Finding of the Court: The Court held that Rule 250 of the Rajasthan Service Rules, 1951, and Regulation 4(2) of the ... The Court held that the petitioner, having retired from Government service upon joining the RPSC, was not entitled to pension based ... Reliance, in this respect, has been placed on a decision of their Lordships of the Supreme#H....
2001 0 Supreme(Raj) 699 • India - Rajasthan
A.R.LAKSHMANAN, BHAGABATI PRASAD BANERJEE
consultation with District & Sessions Judge which is check on arbitrariness – The persons concerned not impleaded parties – No decision ... General, Additional Advocate General, Government Advocates, Panel lawyers to deal with the cases of the State Government in High Court ... are made with consultation with Advocate General and High Court u/Sec. 24(i) Cr.P.C. and in case of subordinate Courts panel is ... In view of clause (1) of the Article 165 of the Constitution, the Governor is not answerable to a....
2016 0 Supreme(P&H) 3306 • India - Punjab and Haryana
RAMESHWAR SINGH MALIK
319(d) of the Constitution of India – Armed Forces Tribunal Act, 2007, S.11 – Constitution of India, 1950, Article 319(d). ... Lokayukta, his appointment does not fall within the scope of term "employment", as envisaged under section 11 of the AFT Act and under Article ... , it would be appropriate to reproduce the relevant part of Article 319 of the Constitution of the India and the same reads as under:- ... "319. ... Now #HL_START....
2025 0 Supreme(SC) 1271 • India - Supreme Court
J. K. MAHESHWARI, ARAVIND KUMAR
79, 80) ... ... Issues: Examination of whether the respondent’s conduct constituted misbehaviour under Article ... The said misbehaviour may be proved by inquiry before the Supreme Court of India following the procedure prescribed in Order XLIII of the SUPREME COURT RULES , 2013 framed under Article 145(1)(j) of the Constitution of India and the report in this regard shall be submitted to the Hon’ble ... 317 of the Constitution inviting action of ....
2015 0 Supreme(Raj) 603 • India - Rajasthan
MOHAMMAD RAFIQ, PRAKASH GUPTA
Constitution of India, 1950 - Article 21 - Code of Criminal procedure , 1973 - Section 204 , 193 , 319 ... constitutional guarantee which cannot be incised - Doing so would also frustrate law so developed by catena of judgments delivered by Supreme ... has taken cognizance against a person at the stage of Section 319 of the Code, summoning the accused by bailable warrant would be ... Under challenge before the Supreme Court in that case was Full Bench decision of th....
• India - Crimes
K.JAYACHANDRA REDDY, S.RATNAVAL PANDIAN
under Article 134(1)(c) or by grant of special leave to appeal by the Supreme Court under Article 136. ... (i) Criminal Procedure Code, 1973 Section 319 - Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act of 1970 Section ... Scope of interference in such appeal by the Supreme Court. ... The right of appeal under the above Section to the Supreme Court is an addition to those provid....
2023 8 Supreme 526 • India - Supreme Court
D. Y. CHANDRACHUD, B. R. GAVAI, SURYA KANT, SANJAY KISHAN KAUL, SANJIV KHANNA
and Parliament, can be ironed out upon a return to normalcy – Court ought not to sit in appeal over every decision taken by President ... – Each is supreme in its own sphere – States have plenary power to enact laws but this alone cannot be taken as a sign of sovereignty ... constitutionally sanctioned exceptions to federal principle which ordinarily dictates that State Governments and Legislatures are supreme ... of the Supreme Court of India. ... jurisdiction of the....
2024 Supreme(Online)(Pat) 3944 • India - Patna High Court
Mr. Justice Mohit Kumar Shah, J
under Article 226, as clarified by the Supreme Court in Radhey Shyam and Another v. ... The Supreme Court's judgment in Radhey Shyam clarified that civil court orders are not subject to writs under Article 226. ... ... ... Ratio Decidendi: The court concluded that judicial orders of civil courts are not amenable to writ jurisdiction under Article ... Judicial orders of the civil court are not amenable to writ jurisdiction under #H....
1977 0 Supreme(Raj) 123 • India - Rajasthan
SEN, JOSHI, SHRIMAL
Article 319(d) cannot, in my view, be projected into Article 157. ... within the meaning of Art 319 (d) of the Constitution? ... Constitution. ... Their Lordships of the Supreme Court have approved the decision of Short vs. Handerson Ltd. (10). ... Shri Agarwal, learned counsel for the petitioner, relying upon the decision of the Supreme Court in State of Haryana vs. ... In dispu....
Filter by Legal Phrase
