Introduction 

• Part XIV of the Constitution of India, 1950 (COI) deals with the provisions related to Public Service Commissions (PSC) under Articles 315 to 323. 
• There are generally two public service commissions which works parallel to each other: 
  • Union Public Service Commision (UPSC) 
  • State Public Service Commision (SPSC)/ Joint Commission 
• PSC is an independent constitutional body. 

What are the Legal Provisions for Public Service Commissions for the Union & State? 

• Article 315: Public Service Commissions for the Union & State 
  • Clause (1) of this article states that there shall be a Public Service Commission for the Union and for each State. 
  • Clause (2) states that there can be one SPS for two or more States and accordingly the parliament may appoint for the Joint SPSC. 
  • Clause (3) states that 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 
  • Clause (4) states that the governor may request the UPSC to serve the needs of the state and UPSC may do so with the approval of the President. 
  • Clause (5) states that the constitution of UPSC and SPSC 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 
  • Clause (1) states that 
    • For UPSC/Joint Commission 
      • The Chairman and other members shall be appointed by the President. 
    • For SPSC 
      • The Chairman and other members shall be appointed by the Governor of the State. 
  • Clause (1A) states that if the Chairman of the commission is unable to perform his duties for any reason then until it resumes to do so, 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. 
  • Clause (2) states that a member shall hold the office for the term of 6 years or until he attains the age of  
    • 65 years (UPSC) 
    • 62 years (SPSC/ Joint Commission) 
    • It is further provided that: 
      • A member may resign to: 
        • President in case UPSC 
        • Governor of the State in case of SPSC or Joint Commission 
      • A member may be removed from his office in accordance with clause (1) or Clause (3) of Article 317. 
  • Clause (3) states that a member of PSC shall be ineligible for re-appointment on the expiration of his term of office.
• Article 317: Removal and Suspension of a Member of a Public Service Commission 
  • Clause (1) states that the Chairman or any PSC member shall only be removed with the consent of the President on the ground of misbehavior after the inquiry made by the Supreme Court. 
  • Clause (2) states that on receipt of the report of the Supreme Court under clause (1) the chairman or the other member may be suspended by: 
    • President (UPSC/ Joint Commission) 
    • Governor (SPSC) 
  • Clause (3) states that the President by order remove the chairman or any other member of the PSC on the ground: 
    • Is adjudged an insolvent 
    • Engages during his term of office in any paid employment outside the duties of his office 
    • Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. 
  • Clause (4) states that 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.
• Article 318: Power to make Regulations as to Conditions of service of members and staff of the Commission 
  • 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. 
    • Make provision with respect to the number of members of the staff of the Commission and their conditions of service. 
  • It is further stated 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    
  • The member shall be ceased to: 
    • The chairman cannot work under the Union or the State Government. 
    • The chairman of the SPSC can be appointed as the chairman of the UPSC or other SPSC but not for any other employment under State and Union Government. 
    • A member other than the Chairman of the UPSC can be appointed as the chairman of the UPSC or other SPSC but not for any other employment under State and Union Government. 
    • A member other than the Chairman of a SPSC shall be eligible for appointment as the Chairman or any other member of the UPSC or as the Chairman of that or any other SPSC, but not for any other employment either under the Union or the State Government.
• Article 320: Functions of Public Service Commissions 
  • This Article states the functions of PSP as: 
  • Conducting Exams: 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. 
  • Assistance to SPSC: It shall be the duty of the UPSC to assist the States upon their request in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. 
  • Consultations with the PSCs: The UPSC and SPSC shall be consulted: 
    • On all matters relating to methods of recruitment for civil services and for civil posts. 
    • In making appointments to civil services and posts and in promotions and transfers from one service to another depending upon the suitability of candidates. 
    • On all disciplinary matters affecting a person serving under the Government of India or the Government of a State. 
    • It shall be the duty of a Public Service Commission to advise on any matter referred to them by the President of India or the Governor of the State.
• Article 321: Power to extend functions of Public Service Commissions 
  • This Article states that the Legislature of a State may provide for the exercise of additional functions by the UPSC or the SPSC 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 
  • This Article states that the expenses of the UPSC and SPSC including salaries, allowances and pensions of the members or staff of the Commission are charged on the Consolidated Fund of India.
• Article 323: Reports of Public Service Commissions 
  • This Article states that  
    • The SPSC and Joint commission shall present the annual report of its work to the Governor of the State. 
      • The Governor shall also provide a memorandum explaining the cases where the advice of the Commission was not accepted. 
      • The reasons for non-acceptance are presented before the Legislature of the State. 
    • The UPSC shall present an annual report to the President of India containing the work done by the Commission. 
      • The President shall provide a memorandum explaining the cases where the advice of the Commission was not accepted. 
      • The reasons for such non-acceptance are presented before each House of Parliament. 

Conclusion 

Public Service Commissions serve as crucial gatekeepers in government recruitment, striving to uphold merit and fairness in the selection process. While they face ongoing challenges in maintaining integrity and relevance, their role remains indispensable in shaping an efficient and representative civil service. As public needs evolve, so must these institutions, adapting their methods to ensure they continue to select the best candidates to serve the public interest. Ultimately, the strength of these commissions directly influences the quality of governance and public service delivery, making their proper functioning a matter of national importance.