The Constitution of India
Article 313
Transitional provisions
Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an allIndia service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.
Why this exists
When India adopted its Constitution in 1950, thousands of laws, rules, and service conditions governing government employees (from British-era civil services to state administrative posts) were already in place. The framers didn't want a legal vacuum or chaos where every civil servant's rights and duties suddenly became undefined. Article 313 acted as a bridge, letting old service laws continue temporarily so governance wouldn't break down, while giving Parliament and State legislatures time to enact fresh laws suited to the new constitutional order.
How courts read it
Courts have generally treated Article 313 as a transitional saving clause, not a source of independent rights. Judgments dealing with civil service matters, such as disputes over recruitment rules or pension conditions framed under pre-1950 laws, have referred to Article 313 to confirm that those old rules remained valid only until superseded by new laws or rules made under Articles like 309. Courts have emphasized that any old law inconsistent with fundamental rights or other constitutional provisions would not survive under this Article.
Common misconceptions
- Myth: Article 313 permanently protects old service laws forever.
Fact: It only keeps them temporarily, until new laws replace them or they conflict with the Constitution. - Myth: Article 313 creates new rights for government employees.
Fact: It's a transitional saving clause, not a rights-creating provision; it simply continues pre-existing laws.