Constitution & NPS

This query is : Resolved 
 

(Querist)
19 April 2019

Sir,
Article 313 of Indian Constitution is as below:
313. 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 all-
India 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.


Sir,
It means NPS of central govt. employees shall continue till Parliament and president approved it.
If it is so then NPS will not be applicable from 01.01.2004 but after September 2013.

I am central govt employee.

Please reply.



Sudhir Kumar (Expert)
19 April 2019

You have not understood:

the article says

313. Until other provision is made in this behalf under this Constitution,

IN EXERCISE OF POWERS CONFERRED VIDE PROVISO TO ARTICLE 309 A NECESSARY AMENDMENT HAS ALREADY BEEN MADE IN CC(PENSION) RULES SO AS TO EXCLUDE POST 1.1.2004 JOINEES FROM THE RULES.
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,

CONSTITUTIONS RULES WILL CONTINUE TO EXIST AS LONG AS THEY DO NOT VIOLATE CONS

Sudhir Kumar (Expert)
19 April 2019

So the provision you quoted has no relevance to your query.

P. Venu (Expert)
23 April 2019

Why after September 2013? What is the significance of this month - has any specific notification been issued? Kindly enlighten.

SUBRATA HALDAR (Querist)
30 April 2019

On 2013 PFRDA is passed.

Raj Kumar Makkad (Expert)
15 December 2019

A Constitution Bench of Hon|ble Supreme Court in South India Corporation Pvt. Ltd. v. Secretary, Board of Revenue, Trivendrum and Anr. AIR 1964 SC 207, examined the issue of continuation and validity of the Pre-Constitution laws and held that such provisions are valid and enforceable, observing that "Pre- Constitution Law made by a competent authority, though it has lost its legislative competency under the Constitution, shall continue in force provided the law does not contravene other provisions of the Constitution". While deciding the said case, reliance had been placed upon large number of the judgments of different High Courts and also the judgment of Hon'ble Apex Court in Amalgamated Coalfields Limited and Ors. v. Janapada Sabha Chhindwara, AIR 1961 SC 964, wherein the Constitution Bench had held that the coal tax originally imposed Under Section 51 of the Central Provinces Local-self Government Act, 1920, on 2nd March, 1935 was valid and continued to be valid after Government of India Act, 1935 and the Constitution, by virtue of Article 372 of the Constitution.

Raj Kumar Makkad (Expert)
15 December 2019

In Babu Ram Upadhyay (supra), the Constitution Bench of Hon'ble Supreme Court held that by virtue of the provisions of Article 313 of the Constitution, the provisions of the Act, 1861 even today are in force and any Government Order issued under it is mandatory in nature.

Another Constitution Bench in Jagannath Prasad Sharma v. State of U.P. and Ors., AIR 1961 SC 1245, considered the same issue and explained the scope of provisions of Article 313 of the Constitution and held that Pre- Constitution Act remains enforceable unless repealed or is in fact in contravention of the law framed after the commencement of the Constitution into force. The Court held that by virtue of Article 313, the Police Regulations as well as the Tribunal Rules insofar as they were not inconsistent with the provisions of the Constitution, remain in operation even in post-Constitution era. There are certain observations in both the above referred cases in favour of the petitioner-appellants but in both the cases the issue involved herein was not directly there, as both the cases had been in relation to disciplinary proceedings and the Apex Court held that provisions therein were subject to the provisions of Article 311 of the Constitution.



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