PUBLIC SERVICE COMMISSIONS
ARTICLE 315 PUBLIC SERVICE COMMISSIONS FOR THE UNION AND FOR THE STATE
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 Governor 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.
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 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.
(1-A) 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 person 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 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 1 2[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 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.
ARTICLE 317 REMOVAL AND SUSPENSION OF A 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 misbehavior 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 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 maybe—
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.
JAI SHANKER PRASAD V. STATE OF BIHAR
The appellant had filed a public interest litigation under Art. 226 before the High Court for a writ of quo-warranto challenging the appointment of respondent as a Member of the Bihar State Public Service Commission on two grounds:
i. that he was a seventh non-service member and the total strength of Commission’s being eleven it was violative of Art. 316 (1) which requires that at least one half of the members must be service class,
ii. that the respondent was totally blind, and was unfit to be appointed due to the said physical infirmity.
iii. On the dismissal of his writ petition by the High Court he filed this appeal in the Supreme Court.
The Supreme Court held that the requirement of the proviso was only directory and it does not say that in no case the proportion should either go above or fall below 50%. Every time there may not be available a suitable person from the same category.
The need to have 50% from the service category is not of such paramount importance to the composition of the Commission that its breach would defeat the very object of constituting the Commission. The framers did not desire that the outlook of the service members alone should prevail while recruiting the personnel.
The proviso to Art. 316 (1) does not provide that in no circumstances the representation of service category may be reduced. The breach of the requirement of Art. 316 (1) does not vitiate appointment of a non-service category.
On the question of the appointment of the respondent the Court held that blindness of the respondent does not disqualify him to be appointed as a member of the Commission as it does not prevent him from discharging his duties expected of him.
The “infirmity of body” spoken in Art. 317 (3) (c) is an infirmity which disables the member from discharging his functions as such member effectively. It is not every infirmity of body or every loss of use of any limb of the body.
The defect or deficiency must be such as would disable the member from carrying out his duties satisfactiorily. The “infirmity of body” referred to in Art. 317 (3) (c) must have arisen after appointment and not which existed at the time of appointment.
The respondent was blind from his childhood but inspite of his blindness he acquired high educational qualifications and at the time of his appointment he was an Associate Professor in the Patna University. He was an acknowledged scholar of English.
There was nothing to show that he has failed to perform his duties as a member of the Commission effectively due to his blindness. Except the external appearance of the candidates appearing before him he is able to ascertain the required merits or demerits of the candidates.
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 Governor of the State may by regulations— determine the number of members of the Commission and their conditions of service; and 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.
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 Pubic 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 him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his 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;
4. 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 Governor 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 Governor as respects other services and pests 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.
