AMBITION LAW

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CONSTITUTION OF INDIA
SUBJECTIVE TEST-16 (MODEL ANS.)
Qs. What are Public Service Commissions? What is the Composition of Union Public Service Commission?
Ans. The first Public Service Commission in India was set up in the year 1926, on the recommendation of the Lee
Commission on the Superior Civil Services in India. The Government of India Act ,1935 ,provided for
setting up of Public Service Commissions at both the federal and provincial levels. The Public Service
Commission is provided in constitution under Chapter (XIV) Article 315-323.
Article 315- Public Service Commission for the Union and for the States
This article provides for the establishment of Public Service Commission for the Union and for each state.
Two or more States may agree to have a common Public Service Commission for them if their legislatures pass
resolutions to that effect , and the parliament may by law appoint a Joint State Public Service Commission to
serve their needs. The Union Public Service Commission may be if requested by the Governor of the State ,
with the approval of the president agree to serve all or any of the needs of a state.
Composition of Union Public Service Commission-
Article 316 - States the appointment of Union Public Service Commission. The chairman and members of
Union Public Service commission are appointed by the President of India.No qualifications are prescribed for
being a member or chairman . But it lays down that as nearly as may be one –half of the members of every
commission shall be persons who have held office under the Government of India or of a State for 10 years.
The members shall hold office for a fixed term of 6 years or until the age of 65 years in case of the union and
62 years in the case of a State or a Joint commission.
However a member of a commission may resign his office by writing addressed to,
(a) the President in the case of Union Public Service Commission
Article 317-provides that the President may remove the Chairman or any other member of the commission
under following circumstances:
(1) On the grounds of misbehavior, if on reference made by the President to the Supreme Court and the
Supreme Court after enquiry reports to the President that he should be removed .
(2) The member is adjudged as an insolvent.
(3) The members engages in some other employment while in office.
(4) The member is unfit to continue in office by reason of infirmity of mind or body.
A member shall be deemed to be guilty of misbehavior-
(i) if he is in any way concerned or interested in any contract made on behalf of the Government of India
or of a State;
(ii) if he participates in any way in the profit of such contract.
Article 318 - states that in case of Union Public Service the President has power to make regulations as to
conditions of service of members and staff of the commission.
Article 319 – The Chairman of Union Public Service Commission will be ineligible for further employment
under the Government of India or State.

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 Article 320 – Functions of Public Service Commission –
(1) It shall be the duty of the Union Public Service Commission to conduct examination for appointment
to the services of the union.
(2) It shall 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 shall be consulted on all matters relating to methods of recruitment
to civil services and for civil posts.
In Keshava vs. State of Mysore, (1956), the Supreme Court held that commission is an advisory or consultative
body and whenever President or Governor as the case may be asks for advice under Article 320, then for the
same they are not bound but reasons for non acceptance must be laid down before each house of parliament
or state legislature as per Article 343.
In D’Silva vs. Union of India, AIR 1962 SC 1130, it was held by the Supreme Court that the functions of
Public Service Commission are only advisory and the advice is not binding on the Government.
Expenses – The expenses of the Union Public Service including salaries ,allowances and pensions of the
members or staff of the commission are charged on the Consolidated Fund Of India.

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