Ethics, Integrity & Aptitude·Ethical Standards

Constitutional Provisions — Ethical Standards

Constitution VerifiedUPSC Verified
Version 1Updated 6 Mar 2026
EntryYearDescriptionImpact
42nd Amendment1976This amendment made a significant change to Article 311(2). Prior to the amendment, a civil servant was entitled to a 'reasonable opportunity' at two stages: first, during the inquiry into the charges, and second, after the inquiry when the proposed penalty was decided. The 42nd Amendment removed the second opportunity, meaning the disciplinary authority could decide on the punishment without giving the employee another chance to make a representation against the proposed penalty.This change was aimed at speeding up disciplinary proceedings. However, it was criticized for reducing the scope of natural justice. The Supreme Court later mitigated its impact in the *Mohd. Ramzan Khan (1990)* case by ruling that a copy of the inquiry report must be provided to the employee before the final decision on punishment is taken, thus partially restoring the right to be heard against the findings of the inquiry.
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