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Showing contexts for: article 282 in The State Of Bihar And Ors vs Manoj Madhup And Anr on 29 January, 2020Matching Fragments
The aforesaid excerpts have been taken from the Interpretation of Statutes by N.S. Bindra.
As has been stated that to interpret the constitutional provision, deliberation made before the Constituent Assembly will give the guideline and intrinsic thought and idea in interpreting such provision in the constitution. In this regard, it must be stated that while the draft preparation was going on, Article 311 of the Constitution of India was Article 282 of the draft Constitution. In order to understand the meaning of the words and contour of Patna High Court L.P.A No.833 of 2014 dt.29-01-2020 Article 311 of the Constitution of India, it will be appropriate and proper to take into consideration the explanatory note prepared by the Ministry of Home Affairs on the revised draft. The relevant part of the explanatory notes prepared by the Ministry of Home Affairs on the Revised Draft reads as follows:-
"EXPLANATORY NOTES PREPARED BY THE MINISTRY OF HOME AFFAIRS ON THE REVISED DRAFT
(i) Tenure of civil servants [vide clauses (2) and (3) of article 282 of the revised draft] : 1. There are at present three important constitutional provisions governing the tenure of all civil servants. The first is that they hold office during His Majesty's pleasure. The second is that the power to remove or dismiss them cannot be delegated to any authority lower in rank than the authority competent to appoint them. The third is that the authority competent to dismiss, remove or reduce a civil servant is required to give him an opportunity to show cause against such action. The Drafting Committee has taken over the last of these provisions from section 240(3) of the present Constitution Act and inserted it as article 282(2) in the Draft Constitution. It is considered necessary that the other two provisions which at present find place in the present Constitution Act as sections 240(1) and 240(2) should be taken over with appropriate changes into the new Constitution. The first is an important safeguard for Governments, as employers :
and the second for the civil servants as employees. Hence clauses (2) and (3) of article 282 of the revised draft. Patna High Court L.P.A No.833 of 2014 dt.29-01-2020
2. The revised draft also embodies the following changes viz:
(1) While articles 282(1) and 283 of the Draft Constitution refer to the public services of the Union or any State, article 282(2) refers only to civil services and posts. The provisions of this Chapter may conveniently be confined to civil services and posts.
(2) The definition in clause (1) of revised article 282 helps to avoid repetition in the subsequent clauses.
(3) in clause (1) of revised article 282, the wider expression "existing laws", which is definied in article 303(1)(i) of the Draft Constitution, is suggested instead of "rules which are in force immediately before the commencement of this Constitution", in order to cover the laws, orders and regulations which are now applicable to civil services and posts. The reference to "civil services" instead of "public services" is consequential on the other changes proposed in this Chapter and the reference to "an All-India service" is consequential on clause (2) of article 282-A."