141. Article 309 of the Constitution provides for recruitment and conditions of service of persons serving the Union or a State. In terms of Article 309, subject to the provisions of the Constitution, an appropriate legislature may enact a legislation to regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with affairs of the Union or any State. The legislative field indicated in this provision is the same as indicated in Entry 71 the Union List or Entry 41 of the State List of the Seventh Schedule . In terms of the proviso to Article 309, the President for the Union of India or the Governor of the State respectively or such person as they may direct, have the power to make similar rules as a stopgap arrangement until provisions in that behalf are made by the appropriate legislature. The proviso to Article 309 is only a transitional provision[1], as the power under the proviso can be exercised only so long as the appropriate legislature does not enact a legislation for recruitment to public posts and other conditions of service relating to that post. If an appropriate legislature has enacted a law under Article 309, the rules framed under the proviso would be subject to that Act.[2] Article 309 provides that:
“309. Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:
Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor 2 *** of a State or
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