PUBLIC SERVICE COMMISSIONS 📘
Articles 315 – 323
- There shall be a Public Service Commission for the Union
- There shall be a Public Service Commission for each State
Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS (J) and other Judicial Services throughout India a simplified Note on the Constitutional provisions relating to the constitution and functioning of the Union Public Service Commission and State Public Service Commissions.
Constitutional Provisions ⚖️
📌 Article 315
- There shall be a Public Service Commission for the Union
- There shall be a Public Service Commission for each State
- If two or more State Legislatures pass resolutions Parliament may by law provide for appointment of a Joint Public Service Commission for those States
- UPSC may agree to serve needs of a State if requested by Governor and approved by President
📌 Article 316 — Appointment
- Chairman and members of UPSC or Joint Commission shall be appointed by President
- Chairman and members of a State PSC shall be appointed by Governor
- One-half members of every PSC shall be persons who have held office for at least 10 years under Govt of India or Govt of a State
- Member of a PSC shall hold office for 6 years or until he attains:
- 65 years in case of UPSC
- 62 years in case of State PSC
- Members are ineligible for reappointment after expiration of term
📌 Article 317 — Removal
- Chairman or member of PSC can be removed only by President on ground of misbehaviour
- Supreme Court inquiry is mandatory for such removal
- Other grounds include insolvency, paid employment, infirmity of mind or body
- Deemed misbehaviour includes interest in govt contracts
- Suspension allowed during pendency of SC reference
📌 Article 318 — Conditions of Service
- Number of members and staff determined by regulations of President (UPSC) or Governor (State PSC)
📌 Article 319 — Prohibition on Further Employment 🚫
- UPSC Chairman ineligible for any govt employment
- State PSC Chairman eligible for UPSC or other PSC positions
- UPSC Members can become UPSC Chairman or State PSC Chairman
- State PSC members may join UPSC or other PSCs but no other employment
📌 Article 320 — Functions of PSCs
- Conduct examinations for appointments
- Consultation on:
- recruitment methods
- appointments
- promotions and transfers
- disciplinary matters
📌 Article 321 — Additional Functions
- Parliament/State Legislature may assign additional functions
- May extend to Union, State, local authority or public institutions
📌 Article 322 — Expenses
- All UPSC expenses charged on CFI
- All State PSC expenses charged on CF of State
📌 Article 323 — Reports
- UPSC submits annual report to President
- President lays report before Parliament with reasons for non-acceptance
- Similar provisions apply to State PSCs
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Frequently Asked Questions (FAQs)
❓ What is the role of UPSC under Articles 315–323? +
UPSC conducts examinations, advises on recruitment, promotions, transfers and disciplinary matters for Union civil services, as mandated under Articles 315 to 323 of the Constitution.
📘 Who appoints members of the Public Service Commissions? +
The President appoints the Chairman and members of UPSC and Joint PSCs, while the Governor appoints the Chairman and members of State Public Service Commissions.
⚖️ Can a PSC Chairman be removed? What is the removal process? +
Yes. Under Article 317, a PSC Chairman or member can be removed by the President only after a Supreme Court inquiry report recommends such removal on grounds of misbehaviour.
🛡️ What safeguards exist for independence of UPSC and State PSCs? +
The Constitution ensures independence through security of tenure, fixed service conditions, protection from arbitrary removal, and financial autonomy via charged expenditure on CFI or State Consolidated Fund.
📑 Are PSC members allowed to take up government jobs after retirement? +
Under Article 319, UPSC Chairmen cannot take any further government employment. Other PSC members have restricted eligibility only for specific PSC positions, not general government jobs.
🌐 What is the constitutional function of PSCs in recruitment? +
Article 320 mandates PSCs to conduct competitive exams and advise on recruitment rules, promotion policy, transfers, and disciplinary proceedings for civil services at Union and State levels.
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