Articles 315 to 323 of the Indian Constitution: Public Service Commissions

Articles 315 to 323 of the Indian Constitution under Part XIV, titled “Services Under the Union and States,” detail the provisions for the establishment and functioning of Public Service Commissions. These commissions are responsible for conducting examinations and recruitment for various civil services under both the Union and State governments.

Article 315: Public Service Commissions for the Union and the States

This article mandates the establishment of a Union Public Service Commission (UPSC) for the Union and a State Public Service Commission (SPSC) for each state. It also provides for the establishment of a Joint Public Service Commission for two or more states if required.

• The UPSC serves the Union Government and recruits for All India Services and Central Services.
• The SPSCs recruit for state-level services.

Article 316: Appointment and Term of Office of Members

This article outlines the process of appointment for the members of the Public Service Commissions:

• The Chairman and other members of the UPSC are appointed by the President of India.
• For State Public Service Commissions, appointments are made by the Governor of the respective state.
• The term of office for members is six years or until they reach the age of 65 years for the UPSC and 62 years for the SPSCs, whichever is earlier.

Article 317: Removal and Suspension of Members

Article 317 provides provisions for the removal and suspension of the Chairman or other members of the Public Service Commissions:

• The President can remove a UPSC member on grounds of misbehavior after an inquiry conducted by the Supreme Court of India.
• For State Commission members, the Governor has similar powers.
• Suspension of members pending an inquiry is also allowed under this article.

Article 318: Power to Determine Conditions of Service

This article gives the Union and the State Governments the power to make regulations that define the conditions of service for the members of the UPSC and SPSCs. It includes provisions related to salary, allowances, and pension.

Article 319: Restrictions on Further Employment

Under this article, the Chairman of the UPSC is prohibited from taking any other employment under the Government of India or a state government after their term ends. Members of the UPSC and State Commissions are also restricted from holding any other position in the same commission after their term concludes.

Article 320: Functions of Public Service Commissions

This article specifies the key functions of the Public Service Commissions:

• Conducting examinations for recruitment to services under the Union or the State.
• Advising on matters related to methods of recruitment, promotions, transfers, and disciplinary actions.
• Assisting in the framing and amendment of rules for services.
• Commissions also provide advice on disciplinary matters involving government servants.

However, the article allows for exceptions in certain cases where the President or Governor may not consult the Commission.

Article 321: Extension of Functions

This article allows the Parliament and the State Legislatures to extend the functions of the Public Service Commissions beyond those listed in Article 320. The Commission may be given additional responsibilities as needed by law.

Article 322: Expenses of Public Service Commissions

The expenses of the Union Public Service Commission, including the salaries and allowances of its members, are charged on the Consolidated Fund of India. Similarly, for the State Commissions, the expenses are charged on the Consolidated Fund of the State. This ensures the financial independence of the commissions.

Article 323: Reports of Public Service Commissions

Under this article, the UPSC and SPSCs must present an annual report to the President and the Governor, respectively. These reports detail the work performed by the commissions over the year. The President or Governor, in turn, must present these reports, along with their own observations, to Parliament or the State Legislature.