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Saturday, 14 May 2016

CONSTITUTIONAL STATUS OF ARMED FORCES

CONSTITUTIONAL - STATUS OF ARMED FORCES

Para 310 of the Constitution reads,
"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 3*** of the State. (2)"

Our understanding of the sentence, would place the member of the Defence Service on top of all others, followed by the civil services and then  by all India services.

Apparently the makers of the constitution had this order in mind, when the above sentence was framed. The meaning of the constitution is quite clear and has clearly indicated the order of precedence. There has been no amendment to this act. 

Any other  office order by the Govt of India which is not in line with the above constitutional provisions is unconstitutional and can be struck down by the Honourable Supreme Court of India.

Keeping this in my mind, it is surprising that the 7CPC has unilaterally and unconstitutionally recommended that the Defence Services should now be equated to CPOs or para military service, which is two rungs below.

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