CONSTITUTIONAL LAW –II

LLb 2nd SEMESTER, 2020 ( GMLC)

UNIT - IV
PUBLIC SERVICE COMMISSION : Article 315 – 323

For proper and efficient working of a democracy, it is very necessary that Civil
service be free of political pressure and personal patronage. It is therefore necessary to
ensure that the best available person be selected for appointment to a post so as to
avoid arbitrariness and nepotism in the matter of appointment. This objective can be
achieved if civil servants are appointed solely on the basis of merit without any
favoritism or nepotism or political pressures.

Public Service Commission (refer to as PSCs) are institution of utmost importance

created by the Constitution and for efficient functioning of a democracy it is imperatives
that such commission are manned by people of the highest skill and irreproachable
integrity, so that selections to various public posts can be immunized from all sorts of
extraneous factors like political pressure or personal favouritism and are made solely on
considerations of merit. Since, PSCs are a constitutional creation, principles of service
law that are ordinarily applicable in instances of dismissal of government employees
cannot be extended to proceedings for removal and suspension of PSCs members. To
achieve these objectives the Constitution creates PSCs which are autonomous bodies
and are immunized from various pressures so that they can function independently,
fairly and impartially.

Article 315 : The Constitution provides for the establishment of PSC for the Union and
for the State, but two or more State may agree to have a common commission. If
requested by the Governors and with the approval of the President Union Public Service
Commission ( UPSC) may act for a state.

Article 316 -

Appointment : The Chairman and member of PSC of Union and Joint Commission are
appointed by the President and incase of State by the Governor of State. No
qualifications are prescribed for the membership of the Commission but as nearly as
may be, one-half of the members should be persons who have held office for at least
10 years either under the Gov’t of India or that of State.

Tenure : A member of PSC hold office for a period of 6years from the date he enters
his office or until he attains the age of 65years in case of Union and in case of State
Commission or a Joint Commission 62 years

Removal of Members :
A member of PSC may resign from his office by writing to the President in case
of Union or Joint Commission and to the Governor in case of State Commission. On the
expiration of term of office member of PSCs are ineligible for re-appointment to the
same office.
 Article 317 : Before the expiry of the term of office a member of PSC may also
be removed from his office by an order of the President on the ground of misbehavior.
Such an order can be passed after :
(1) the President makes a reference to the Supreme Court.

(2) the Court after holding an inquiry reports to the President that the person
concerned ought to be removed from his office.

Further, the President is also empowered to remove a member or the Chairman

of the Commission without reference to the Supreme Court if he –
(a) is adjudged an insolvent or
(b) engages during his term of office in any paid employment outside the duties
of his office.
(c ) is in the opinion of the President unfit to continue in office by reason of
infirmity of mind and body.
The question whether a member ought to be removed on the ground of infirmity is left
solely to the President ( i.e the Central Executive) for determination. It is for him to
determine in his subjective satisfaction whether the infirmity is of such a nature as to
incapacitate the concerned member from discharging the functions of his office.

OTHER PROVISIONS : ARTICLE 319

On ceasing to hold office :
Member:
(1) A person who hold office as member of PSC cannot be re-appointed to that office
on expiry of his term of office.
(2) he is also not eligible for any other employment under the Central or State govt. But
he is eligible for appointment as Chairman of UPSC or State PSC.

Chairman :
(1) Chairman of UPSC is not eligible for any further employment either under the Govt.
of India or Govt. of State.
(2) Chairman of State PSC is not eligible for further employment either under the Govt.
of India or Govt. of State. But they are eligible for appointment to the Chairman or any
other member of UPSC or Chairman of any other State PSC.

FUNCTIONS OF PUBLIC SERVICE COMMISSION : ARTICLE 320

1. To conduct examination for appointment to the services of the Union and the State

2. If requested by two or more States it is the duty of UPSC to assist the States in
framing and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.

3. Advisory functions – The Commission has many advisory functions to discharge It is

to be consulted on :

(a) All matters relating to method of recruitment in civil services and for civil posts.
(b) The principles to be followed in making appointment, promotion to civil posts and
transfer from one service to another and the suitability of candidates for such
appointment, promotion and transfer.

(c) All disciplinary matters affecting a person serving under the Government in a Civil
capacity.

(d) Any claim by such a person for the costs incurred in defending proceeding instituted
against him in respect of acts done or purporting to be done in execution of his duty.

(e) Any claim for compensation in respect of injuries sustained by a person while in the
service of the Government.

It is the duty of the Commission to advise the President on any matter referred
to it by him. However, the President is empowered to frame regulations specifying the
matters in which either generally or in any particular circumstances the Commission
may not be consulted. Such regulations are to be laid before each House of Parliament
for not less than 14days as soon as possible after they have been made.

Parliament may by law confer additional functions on the Commission regarding

services of the Union, public institution or a corporation created by law. It has been
held that besides the functions conferred on the Commission by the Constitution, other
function can be conferred on the Commission only by way of legislation and not by way
of a departmental arrangement between Government and the Commission.

Every year, the Commission presents to the President a report of the work done
by it. The report, together with the Government’s memorandum explaining the cases
where the Commission’s advise was not accepted and the reasons for such non-
acceptance is to be laid before each House of Parliament. This constitutes a safeguard
against arbitrary action on the part of the Executive in rejecting the Commission’s
advice.

(Add Case laws, do not use abbreviations in your exam)