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Report No. 227

Administrative Service Rules

The Central Civil Services (Conduct) Rules 1964 provide that a person who has contracted a bigamous marriage or has married a person having a spouse living shall not be eligible for appointment to such services - Rule 21. The All India Services (Conduct) Rules 1968 place the same restrictions on those who are already member of any such service - Rule 19. Both the Rules, however, empower the government to exempt a person from the application of these restrictions if the personal law applicable permits the desired marriage and "there are other grounds for so doing."

These provisions of Service Rules apply to the Muslims and their constitutional validity has been upheld by the Central Administrative Tribunal and the courts. See, e.g., Khaizar Basha v Indian Airlines Corporation, New Delhi AIR 1984 Mad 379 [relating to a similar provision found in the Regulations framed under the Air Corporation Act 1953].

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