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Part XIV · Services under the Union and the States · Chapter I — Services

Article 310: Tenure of office of persons serving the Union or a State

Official text as on 1 May 2024

Text of Article 310

(1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor *** of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor *** of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor ***, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

Words in [square brackets] were inserted or substituted by later amendments (see below). Source: Legislative Department, Ministry of Law and Justice, Government of India

A plain-English explanation of Article 310, landmark judgments and exam facts are being added to this page.

Amendment history

Changed by: 7th Amendment Act, 1956

  • The words "or, as the case may be, the Rajpramukh" omitted by s.29 and Sch., ibid. . (w.e.f. 1-11-1956).
  • The words "or Rajpramukh" omitted by s.29 and Sch., ibid (w.e.f. 1-11-1956).

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