PUBLIC
SERVICE COMMISSION
Rep. by the Constitution (Twenty-eighth Amendment) Act,
7972, section 3 (w.e.f. 29-8-1972).
Article
315 - Public Service Commissions for the Union
and for the States
( 1 ) Subject to the
provisions of this Article, there shall be a Public Service Commission for the
Union and a Public Service Commission for each State.
( 2 ) Two or more States may agree that there shall be one
Public Service Commission for that group of States, and if a resolution to that
effect is passed by the House or, where there are two Houses, by each House of
the Legislature of each of those States, Parliament may by law provide for the
appointment of a Joint State Public Service Commission (referred to in this
Chapter as Joint Commission) to serve the needs of those States,
( 3 ) Any such law as aforesaid may contain such incidental
and consequential provisions as may be necessary or desirable for giving effect
to the purposes of the law.
( 4 ) The Public Service Commission for the Union, if
requested so to do by the Governor1[***] of a State, may, with the
approval of the President, agree to serve all or any of the needs of the State.
( 5 ) References in this Constitution to the Union Public
Service Commission or a State Public Service Commission shall, unless the
context otherwise requires, be construed as references to the Commission
serving the needs of the Union or, as the case may be, the State as respects
the particular matter in question.
1. The words "or the Rajpramukh" omitted by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule.
Article
316 - Appointment and term of office of members
(1) The Chairman and
other members of a Public Service Commission shall be appointed, in the case of
the Union Commission or a Joint Commission, by the President, and in the case
of a State Commission, by the Governor 1 [***] of the State:
Provided that as nearly as may be one-half of the members
of every Public Service Commission shall be persons who at the dates of their
respective appointments have held office for at least ten years either under
the Government of India or under the Government of a State, and in computing
the said period of ten years any period before the commencement of this
Constitution during which a person has held office under the Crown in India or
under the Government of an Indian State shall be included.
2 [(1A). If the office of the Chairman of the
Commission becomes vacant or if any such Chairman is by reason of absence or
for any other reason unable to perform the duties of his office, those duties
shall, until some persons appointed under clause (1) to the vacant office has
entered on the duties thereof or, as the case may be, until the Chairman has
resumed his duties, be performed by such one of the other members of the
Commission as the President, in the case of the Union Commission or a Joint
Commission, and the Governor of the State in the case of a State in the case of
a State Commission, may appoint for the purpose]
(2) A member of a Public Service Commission shall hold
office for a term of six years from the date on which he enters upon his office
or until he attains, in the case of the Union Commission, the age of sixty-five
years, and in the case of a State Commission or a Joint Commission, the age of 3
[sixty-two years], whichever is earlier:
Provided that--
(a) a member of a Public Service Commission may, by writing
under his hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to the
Governor 1 [***] of the State, resign his office;
(b) a member of a Public Service Commission may be removed
from his office in the manner provided in clause (1) or clause (3) of Article
317.
(3) A person who holds office as
a member of a Public Service Commission shall, on the expiration of his term of
office, be ineligible for re-appointment to that office.
1. The words "or the Rajpramukh" omitted by the Constitution
(Seventh Amendment) Act, 1956 section 29 and Schedule.
Article 317 - Removal and suspension of member of a Public Service Commission
(1) Subject to the
provisions of clause (3), the Chairman or any other member of a Public Service
Commission shall only be removed from his office by order of the President on
the ground of misbehaviour after the Supreme Court, on reference being made to
it by the President, has, on inquiry held in accordance with the procedure prescribed
in that behalf under Article 145, reported that the Chairman or such other
member, as the case may be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a
Joint Commission, and the Governor 1 [***] in the case of a State
Commission, may suspend from office the Chairman or any other member of the
Commission in respect of whom a reference has been made to the Supreme Court
under clause (1) until the President has passed orders on receipt of the report
of the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President
may by order remove from office the Chairman or any other member of a Public
Service Commission if the Chairman or such other member, as the case may be,--
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid
employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue
in office by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service
Commission is or becomes in any way concerned or interested in any contract or
agreement made by or on behalf of the Government of India or the Government of
a State or participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in common with the
other members of an incorporated company, he shall, for the purposes of clause
(1), be deemed to be guilty of misbehaviour.
1.
The words
"or the Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule.
Article
318 - Power to make regulations as to conditions of service of members and
staff of the Commission
In the case of the Union Commission or a Joint Commission,
the President and, in the case of a State Commission, the Governor1[***]
of the State may by regulations-
(a) determine the, number of members of the Commission and
their conditions of service; and
(b) make provision with respect to the number of members of
the staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a
Public Service Commission shall not be varied to his disadvantage after his
appointment.
1. The words "or the
Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956
section 29 and Schedule.
Article 319 - Prohibition as to the holding of offices by members of Commission on ceasing to be such members
On ceasing to hold office--
(a) the Chairman of the Union Public Service Commission
shall be ineligible for further employment either under the Government of India
or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall
be eligible for appointment as the Chairman or any other member of the Union
Public Service Commission or as the Chairman of any other State Public Service
Commission, but not for any other employment either under the Government of
India or under the Government of a State;
(c) a member other than the Chairman of the Union Public
Service Commission shall be eligible for appointment as the Chairman of the
Union Public Service Commission or as the Chairman of a State Public Service
Commission, but not for any other employment either under the Government of
India or under the Government of a State;
(d) a member other than the Chairman of a State Public
Service Commission shall be eligible for appointment as the Chairman or any
other member of the Union Public Service Commission or as the Chairman of that
or any other State Public Service Commission, but not for any other employment
either under the Government of India or under the Government of a State.
Article 320 - Functions of Public Service Commissions
(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union
and the services of the State respectively.
(2) It shall also be the duty of the Union Public Service
Commission, if requested by any two or more States so to do, to assist those States
in framing and operating schemes of joint recruitment for any services for
which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public
Service Commission, as the case may be, shall be consulted--
(a) on all matters relating to methods of recruitment to
civil services and for civil posts;
(b) on the principles to be followed in making appointments
to civil services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such appointments,
promotions or transfers;
(c) on all disciplinary matters affecting a person serving
under the Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is
serving or has served under the Government of India or the Government of a
State or under the Crown in India or under the Government of an Indian State,
in a civil capacity, that any costs incurred by hi m in defending legal
proceedings instituted against hi m in respect of acts done or purporting to be
done in the execution of hi s duty should be paid out of the Consolidated Fund
of India, or, as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of
injuries sustained by a person while serving under the Government of India or
the Government of a State or under the Crown in India or under the Government
of an Indian State, in a civil capacity, and any question as to the amount of
any such award,
and it shall be the duty of a Public Service Commission to
advise on any matter so referred to them and on any other matter which the
President, or, as the case may be, the Governor1[***] of the State,
may refer to them:
Provided that the President as respects the all-India
services and also as respects other services and posts in connection with the
affairs of the Union, and the Governor2[***] as respects other
services and posts in connection with the affairs of a State, may make
regulations specifying the matters in which either generally, or in any
particular class of case or in any particular circumstances, it shall not be
necessary for a Public Service Commission to be consulted.
( 4 ) Nothing in clause ( 3 ) shall require a Public
Service Commission to be consulted as respects the manner in which any
provision referred to in clause ( 4 ) of Article 16 may be made or as respects
the manner in which effect may be given to the provisions of Article 335 .
( 5 ) All regulations made under
the proviso to clause ( 3 ) by the President or the Governor1[***]
of a State shall be laid for not less than fourteen days before each House of
Parliament or the House or each House of the Legislature of the State, as the
case may be, as soon as possible after they are made, and shall be subject to
such modifications, whether by way of repeal or amendment, as both Houses of
Parliament or the House or both Houses of the Legislature of the State may make
during the session in which they are so laid.
1. The words "or Rajpramukh" omitted by the Constitution
(Seventh Amendment) Act, 1956, section 29 and Schedule.
2. The words "or
Rajpramukh" as the case may be" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 29 and Schedule.
Article
321 - Power to extend functions of Public Service Commissions
An Act made by Parliament or, as the case may be, the
Legislature of a State may provide for the exercise of additional functions by the
Union Public Service Commission or the State Public Service Commission as
respects the services of the Union or the State and also as respects the
services of any local authority or other body corporate constituted by law or
of any public institution.
Article 322 - Expenses of Public Service Commissions
The expenses of the Union or a State Public Service
Commission, including any salaries, allowances and pensions payable to or in
respect of the members or staff of the Commission, shall be charged on the
Consolidated Fund of India or, as the case may be, the Consolidated Fund of the
State.
Article
323 - Reports of Public Service Commissions
( 1 ) It shall be
the duty of the Union Commission to present annually to the President a report
as to the work done by the Commission and on receipt of such report the
President shall cause a copy thereof together with a memorandum explaining, as
respects the cases, if any, where the advice of the Commission was not
accepted, the reason for such non-acceptance to be laid before each House of
Parliament.
(2) It shall be the duty of a
State Commission to present annually to the Governor1[***] of the
State a report as to the work done by the Commission, and it shall be the duty
of a Joint Commission to present annually to the Governor1[***] of
each of the States the needs of which are served by the Joint Commission a
report as to the work done by the Commission in relation to that State, and in
either case the Governor2[***] shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the reasons
for such non-acceptance to be laid before the Legislature of the State.
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