Constitution of India, 1949
212-A.Power of Parliament to vary or revoke
conditions of service of officers of certain services.-
(1) Parliament may by law-
(a) vary or revoke,
whether prospectively or retrospectively, the conditions of service as respects
remuneration, leave and pension and the rights as respects disciplinary matters
of persons who, having been appointed by the Secretary of State or Secretary of
State in Council to a civil service of the Crown in India before the
commencement of this Constitution, continue on and after the commencement of the
Constitution (Twenty-eight Amendment) Act, 1972, to serve under the Government
of India or of a State in any service or post;
(b) vary or revoke,
whether prospectively or retrospectively, the conditions of service as respects
pension of persons who, having been appointed b the Secretary of State or
Secretary of State in Council to a civil service of the Crown in India before
the commencement of this Constitution, retired or otherwise ceased to be in
service at any time before the commencement of the Constitution (Twenty-eight
Amendment) Act, 1972:
Provided that in the case of
any such person who is holding or has held the office of the Chief Justice or
other Judge of the Supreme Court or a High Court, the Comptroller and
Auditor-General of India, the Chairman or other members of the Union or a State
Public Service Commission or the Chief Election Commissioner, nothing in
sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to
vary or revoke, after his appointment to such post, the condition of his
service to his disadvantage except in so far as such conditions of his service
to his disadvantage except in so far as such condition of service are
applicable to him by reason of his being a person appointed by the Secretary of
State or Secretary of State in Council to a civil service of the Crown in
India.
(2) Except to the extent provided for by
Parliament by law under this article, nothing in this article shall affect the
power of any legislature or other authority under any other provision of this
Constitution to regulate the conditions of service of persons referred to in
clause (1).
(3) Neither the Supreme Court nor any other
court shall have jurisdiction in-
(a) any dispute
arising out of any provision of, or any endorsement on, any covenant, agreement
or other similar instrument which was entered into or executed by any person
referred to in clause (1), or arising out of any letter issued to such person,
in relation to his appointment to any civil service of the Crown in India or
his continuance in service under the Government of the Dominion of India or a
Province thereof; any dispute in respect of any right, liability or obligation
under Article 314 as originally enacted. The provisions of the article shall
have effect notwithstanding anything in Article 314 as originally enacted or in
any other provision of this Constitution.