CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA-823001

CONSTITUTIONAL LAW- 11

PUBLIC SERVICE COMMISSION & IT’S POWER AND

FUNCTIONS IN INDIA

Under the Supervision of – MRS. POONAM KUMARI

Assistant Professor,
School of Law & Governance,
Central University of South Bihar

Submitted By -
MEENAKSHI PRIYA
B.A. LL. B (Hons.) – 3rd Semester
Enrolment No. - CUSB1613125031
 CHAPTERIZATION

 INTRODUCTION

 HISTORICAL BACKGROUND OF PUBLIC SERVICE COMMISSION

 CONSTITUTIONAL PROVISION OF PUBLIC SERVICE COMMISSION

 Article 315: Public Service Commission for the Union and for the States.
 Article 316: Appointment and term of office of members.
 Article 317: Removal and suspension of a member of a Public Service Commission.
 Article 318: Power to make regulations as to conditions of service of members and staff of the
Commission.
 Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to
be such members.
 Article 320: Functions of Public Service Commissions.
 Article 321: Power to extend functions of Public Service Commissions
 Article 322: Expenses of Public Service Commissions.
 Article 323: Reports of Public Service Commissions.
 PUBLIC SERVICE COMMISSION

 UNION PUBLIC SERVICE COMMISSION

 Composition
 Term of office and security of tenure
 Removal of a member
 Functions of the Commission

 STATE PUBLIC SERVICE COMMISSION

 Removal
 Interdependence
 Power, Functions and Responsibilities of the State Commission

 CONCLUSION

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 Introduction

Representing the crystallization of the values and concepts held here in India’s varied and rich
cultural heritage and having its roots deep in the motivational forces of the national struggle for
independence, the formulation of a bill of rights was among the first tasks to which the Constituent
Assembly addressed itself1. Our Constitution has to be interpreted in the background of our own
past, the history of freedom struggle and the aspirations of the people fighting for freedom. The
struggle was not only for a political freedom a freedom from the British Yoke, but also it was a
struggle for freedom from all sorts of bandages and slaveries.

The Constitution of India has provided for an independent body in the form of Union Public
Service Commission (UPSC) for advising the union government and also Public Service
Commission (PSC) for each state for advising the respective state governments vide article 315,
having regard to the great importance of the services under the state, with the object of providing
by independent body and making available the best unbiased advice to the union and the state
governments in all matters relating to civil services. Clause (2) of the article also provides that if
two or more states agree for having a joint PSC for that group of states by passing a resolution to
that effect in the respective state legislature, Parliament may provide for the appointment of a
joint PSC. Clause (4) of article 315 provides that the UPSC, if requested by the Governor of a
state, may serve all or any of the needs of that state with the approval of the President.

Article 309 to Article 323 of the Constitution of India elaborate provisions for the Central and
State services. Article 315 lays down that there shall be a Public Service Commission for the
Union and a Public Service Commission for each State.

The civil servant is indispensable to the country in the modern administrative age. Ministers frame
policies and legislatures enact laws, but the task of efficiently and effectively implementing these
policies and laws falls on the civil servants. The bureaucracy thus helps the political executive in
the governance of the country. The Constitution, therefore, seeks to inculcate in the civil servant
a sense of security and fair play so that he may work and function efficiently and give his best to
the country. Nevertheless, the overriding power of the government to dismiss or demote a servant
has been kept intact, even though safeguards have been provided subject to which only such a
power can be exercised.

The service jurisprudence in India is rather complex, intertwined as it is with legislation, rules,
directions, practices, judicial decisions and with principles of Administrative Law, Constitutional
Law, Fundamental Rights and Natural Justice. The role of the Courts in this area is crucial as they

1
Subhash C. Kashyap, Our Constitution, An Introduction to India’s Constitution and Constitutional Law
3|Page
seek to draw a balance between the twin needs of the civil service, viz., (1) the need to maintain
discipline in the ranks of the civil servants; and (2) the need to ensure that the disciplinary
authorities exercise their powers properly and fairly. 2

Historical Background

Indenisation of the superior Civil Services became one of the major demands of the political
movement compelling the British Indian Government to consider setting up of a Public Service
Commission for recruitment to its services in the territory.

The first Public Service Commission was set up on October 1st, 1926. However, its limited
advisory functions failed to satisfy the people's aspirations and the continued stress on this aspect
by the leaders of our freedom movement resulted in the setting up of the Federal Public Service
Commission under the Government of India Act 1935.3

Under this Act, for the first time, provision was also made for the formation of Public Service
Commission's at the provincial level.

The Constituent Assembly, after independence, saw the need for giving a secure and autonomous
status to Public Service Commission's both at Federal and Provincial levels for ensuring unbiased
recruitment to Civil Services as also for protection of service interests.

With the promulgation of the new Constitution for independent India on 26th January, 1950, the
Federal Public Service Commission was accorded a constitutional status as an autonomous entity
and given the title - Union Public Service Commission.

Constitutional Provisions of Public Service Commission

Article 315 to Article 323 of Indian Constitution deals with the Public Service Commission of
India.

Under Article 315 of Constitution of India

Public Service Commissions for the Union and for the States. – (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
M.P. Jain, Indian Constitutional Law, seventh Edition.
3
http://www.preservearticles.com/2011100514631/essay-on-union-public-service-commission-of-india.html
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(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.

Under Article 316 of Constitution of India

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.

(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.

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(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 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 reappointment to that office.

Under Article 317 of Constitution of India

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 misbehaviour
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 may be, —
(a). is adjudged an insolvent; or

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 (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.

Under Article 318 of Constitution of India

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. —

a. determine the number of members of the Commission and their conditions of service;
and
b. 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.

Under Article 319 of Constitution of India

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 Public Service Commission shall be
eligible for appointment as the Chairman of the Union Public Service Commission or as

7|Page
 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.

Under Article 320 of Constitution of India

Functions of Public Service Commission. – (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;
e. 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,

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 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 posts 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.

(4). Nothing in clause (3) shall require a Public Service Commission to be consulted as respects
the manner in which any provision referred to in clause (4) of article 16 may be made or as
respects the manner in which effect may be given to the provisions of article 335.

(5). All regulations made under the proviso to clause (3) by the President or the Governor of a
State shall be laid for not less than fourteen days before each House of Parliament or the House
or each House of the Legislature of the State, as the case may be, as soon as possible after they
are made, and shall be subject to such modifications, whether by way of repeal or amendment,
as both Houses of Parliament or the House or both Houses of the Legislature of the State may
make during the session in which they are so laid.

Under Article 321 of Constitution of India

Power to extend functions of Public Service Commissions. - An Act made by Parliament or,
as the case may be, the Legislature of a State may provide for the exercise of additional functions
by the Union Public Service Commission or the State Public Service Commission 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.

Under Article 322 of Constitution of India

Expenses of Public Service Commissions. - The expenses of the Union or a State Public Service
Commission, including any salaries, allowances and pensions payable to or in respect of the
members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as
the case may be, the Consolidated Fund of the State.

Under Article 323 of Constitution of India

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Reports of Public Service Commissions. – (1). It shall be the duty of the Union Commission to
present annually to the President a report as to the work done by the Commission and on receipt
of such report the President shall cause a copy thereof together with a memorandum explaining,
as respects the cases, if any, where the advice of the Commission was not accepted, the reasons
for such non-acceptance to be laid before each House of Parliament.

(2). It shall be the duty of a State Commission to present annually to the Governor of the State
a report as to the work done by the Commission, and it shall be the duty of a Joint Commission
to present annually to the Governor of each of the States the needs of which are served by the
Joint Commission a report as to the work done by the Commission in relation to that State, and
in either case the Governor, shall, on receipt of such report, cause a copy thereof together with
a memorandum explaining, as respects the cases, if any, where the advice of the Commission
was not accepted, the reasons for such nonacceptance to be laid before the Legislature of the
State.
Public Service Commission

The Constitution of India has provided for an independent body in the form of Union Public
Service Commission (UPSC) for advising the union government and also Public Service
Commission (PSC) for each state for advising the respective state governments vide article 315,
having regard to the great importance of the services under the state, with the object of providing
by independent body and making available the best unbiased advice to the union and the state
governments in all matters relating to civil services. Clause (2) of the article also provides that if
two or more states agree for having a joint PSC for that group of states by passing a resolution to
that effect in the respective state legislature, Parliament may provide for the appointment of a
joint PSC. Clause (4) of article 315 provides that the UPSC, if requested by the Governor of a
state, may serve all or any of the needs of that state with the approval of the President.

In Sanjay Kumar Manjul v. Chairman, U.P.S.C.4, the court held that, the public service
commission can relax essential qualification only if it is expressly given power of relaxation.

Union Public Service Commission

Composing

As per Article 316, the Chairman and other members of Union Public Service Commission shall
be appointed by the President. In case the office of the Chairman becomes vacant his duties shall

4
Sanjay Kumar Manjul v. U.P.S.C., AIR 2007 SC 254.
10 | P a g e
be performed by one of the other members of the Commission as the President may appoint for
the purpose.

No qualifications are prescribed for the Commission’s membership except that, as nearly as may
be, one-half of the members of the 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. This provision envisages that such persons as are well
versed in the internal exigencies of the public services are given adequate representation on the
Commission, so that suitable, experienced and fit persons may be appointed to the civil services.

A member of a Union 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 the age of sixty-five years, whichever
is earlier. Under Art 318, the President is empowered to determine number of members of the
Commission and their conditions of service. Further, he can make provision with respect to the
number of members of the staff of the Commission and their conditions of service too. Also,
conditions of service cannot be varied to his disadvantage after his appointment.

As per Art 319, a person who holds office as Chairman shall, on the expiration of his term of
office, be ineligible for re-appointment to that office. But, a member other than the Chairman of
the Union Public 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. Also, 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.

In U.P. Public Service Commission v. Suresh5, it was held that, members of a Public Service
Commission on expiration of his term of office is ineligible for reappointment to that office.

In Union of India v. U.D. Dwivedi6, it was held that, Members of the Commissions are not
eligible for any other appointment under the Government.

Term of office and security of tenure

The founding fathers of the Indian Constitution relying upon the experience in other countries wherever
democratic institutions exist, intended to secure an efficient civil service. This is the genesis for setting
up autonomous and independent bodies like the public service commission at the centre and in the
states. The value of independent, impartiality and integrity are the basic determinants of the
constitutional conception of public service commissions and their role and functions. The Constitution
has made provisions to protect the civil service, as far as possible, from political and personal influence

5
U.P. Public Service Commission v. Suresh, AIR 1987 SC 1953.
6
Union of India v. U.D. Dwivedi, AIR 1997 SC 1313.
11 | P a g e
and gave it that position of stability and security, which is vital to its successful working as an impartial
and efficient instrument of the state. To enable the public service commissions to discharge their
constitutional duties and obligations in full measure, the framers of the Constitution not only armed
them with enhanced powers and increased functions, but also provided security of tenure for chairman
and members by providing for a strict judicial procedure for their suspension or removal.7

Article 316 of the Constitution fixes the tenure of the chairman and members of the public service
commission. Accordingly, 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 sixty-two years, whichever is earlier subject, of course, to resignation or removal as provided in
the Constitution. Article 317 provides security of tenure, by providing that a chairman or a member of
the PSC may be removed, on the ground of misbehaviour, only after a reference is made to the Supreme
Court and on the basis of recommendation of the Supreme Court.8 Under clause (3) of article 317, the
President may, notwithstanding anything in clause (1), remove from office the chairman or any other
member of a public service commission if the chairman or such other member, as the case may be, -

(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.

The term 'misbehaviour', on which the chairman or a member of the PSC can be removed in accordance
with the established procedure, has not been defined in the Constitution. However, it has been
considered that occasional omissions to exhibit exemplary behaviour or conduct expected of a chairman
or member, although amounted to lapses, did not amount to misbehaviour within the meaning of article
317 so as to warrant his removal.9 But, resort to physical violence of slapping,10 attempt to influence
results of a candidate appearing in an examination conducted by the commission11 are considered to be
misbehaviour within the meaning of article 317 warranting the removal of the member from the
commission. The act of being or becoming 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 shall, for the purpose of
clause (1), be deemed to be guilty of misbehaviour by virtue of clause (4) of article 317. The security of

7
Ram Ashray Yadav (Dr), Chairman, Bihar Public Service Commission, In Re, (2000) 4 SCC 309.
8
Clause(l)ofart317
9
Ram Ashray Yadav (Dr), Chairman, Bihar Public Service Commission, In Re, (2000) 4 SCC 309
10
Reference under Art. 317(1) of the Constitution of'India, In re, (1990)4 SCC 262.
11
Sher Singh, In Re, (1997)3 SCC 216.
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tenure is given to ensure independence on the part of the chairman and members of the PSC in
discharging the very important functions entrusted to them under the Constitution.

Removal of a member

As per Article 317 of the Constitution of India, the Chairman or any other member of a Public
Service Commission shall only be removed, before the expiry of his term, from his office by
order of the President on the ground of "misbehaviour" after the Supreme Court, on reference
being made to it by the President, has, on inquiry reported that the Chairman or such other member
ought to be removed. The President may suspend the Chairman or other member of the
Commission until report of the Supreme Court is received.

The President may also remove the Chairman or any other member of the commission if he/she:

 is adjudged an insolvent; or
 engages during his term of office in any paid employment outside the duties of his office; or
 is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind
or body.

If the Chairman or any other member cannot hold an office of profit or otherwise he shall be
deemed to be guilty of misbehaviour.

In Ram Kumar Kashyap v. Union of India12, the Court held that the Chairman or any other
member of a Public Service Commission shall only be removed, before the expiry of his term,
from his office by order of the President on the ground of "misbehaviour" after the Supreme
Court, on reference being made to it by the President, has, on inquiry reported that the Chairman
or such other member ought to be removed. The President may suspend the Chairman or other
member of the Commission until report of the Supreme Court is received. These procedural
safeguards envisaged to protect Public Service Commission from undue political pressures or
personal favouritism and vendetta, so that a Public Commission is able to discharge their
constitutional obligations in full measures.

Functions of the Commission

Article 320 (1) makes it the duty of the union and state PSC to conduct examinations for purposes
of appointments to the services of the union or state, as the case may be. Under clause (2), the
UPSC is obligated to assist the states in framing and operating schemes of joint recruitment for
any services for which candidates possessing special qualifications are required if so requested
by two or more states.

12
Ram Kumar Kashyap v. Union of India, (2009) 9 SCC 378.
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Matters on which consultation is provided: Clause (3) of article 320 provides that the UPSC or
the SPSC, as the case may be, shall be consulted in the following matters:

i. Matters relating to method of recruitment to civil services and for civil posts [vide clause
(a)];

ii. principles to be followed in making appointments to the civil services and posts and in
making promotions and transfer from one service to another and on the suitability of candidates
for such appointments, promotions or transfers [vide clause (b)];

iii. 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
[vide clause (c)J;

iv. claims 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, [vide clause (d)];

v. claims for award of pension in respect of injuries sustained by a person while serving
under the Government of India or the State government in civil capacity and as to the amount of
any such award [vide clause (c)].

The article makes it the duty of the PSC to advise on any matter referred to it by the President or
the Governor, as the case may be.

Dispensing with consultation: The proviso to clause (3) of article 320 provides 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 posts 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. Clause (5) of article 320 provides for the laying of the
regulation so made before each house of Parliament or the state legislature, as the case may be,
for not less than fourteen days and it further provides that the said regulations shall be subject to
such modifications, whether by way of repeal or amendment, made by the legislature concerned.
This provision is made with the object of ensuring that every regulation excluding the jurisdiction
of PSC in the matter of consultation is subject to scrutiny and modification by the legislature.

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The exercise of power under proviso to clause (3) of article 320 making massive departure from
consultation while making recruitment has, however, been discouraged by the apex court in V.
Sreenivasa Reddy v. Govt. of A.P.13 In this case, the apex court has observed that the free play of
exercise of the power under proviso to clause (3) of article 320 would undermine the efficacy of
constitutional institutions i.e., PSCs.14

No consultation in relation to reservation in favour of backward classes: Clause (4) of article 320
specifically provides that there is no necessity to consult the PSC in the matter of reservation of
posts in favour of backward classes who, in the opinion of the union or the state government, are
not adequately represented in the concerned service as required under clause (4) of article 16 of
the Constitution read with article 335.

Additional junctions as regards services of the union or the state or any local authority or other
body corporate or public institutions: Article 321 provides that Parliament or the state legislature
may make a law conferring additional functions on the UPSC or the SPSC as the case may be.
While the main object of the constitution of UPSC and the SPSC is to advice the Union
government and the State government on matters relating to recruitment and conditions of service
of those appointed to the civil posts under the union or the state, as the case may be, it is also
provided under article 321 that if the legislature considers it necessary that commission should be
entrusted with additional functions in respect of services under the union or state and also in
respect of services under the local authorities or other corporate body constituted by law or public
institution it could be entrusted with such additional functions by means of such legislation.15

State Public Service Commission

The State Public Service Commission is also a constitutional body. There is a State Public Service
Commission (SPSC) in a state. The same set of Articles (i.e., 315 to 323 in Part XIV) of the
Constitution also deal with the composition, appointment and removal of members, power and
functions and independence of a SPSC.

Removal

Although the chairman and members of a SPSC are appointed by the governor, they can be
removed only by the president (and not by the governor). The president can remove them on the

13
1995 Supp(l) SCC 572.
14
Id., para 21.
15
An instance of such legislation is Mysore Public Service Commission (Conduct of Business and Additional
Functions) Act. 1959 and the rules framed thereunder entrusting additional functions relating to recruitment to the
local authorities in the state to the public service commission.
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same grounds and in the same manner as he can remove a chairman or a member of the UPSC.
Thus, he can remove him under the following circumstances:

(a) If he is adjudged an insolvent (i.e., has gone bankrupt); or

(b) If he engages, during his term of office, in any paid employment outside the duties of his
office; or

(c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of
mind or body

In addition to these, the president can also remove the chairman or any other member of SPSC
for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court
for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises
so, the president can remove the chairman or a member. Under the provisions of the Constitution,
the advice tendered by the Supreme Court in this regard is binding on the president. However,
during the course of enquiry by the Supreme Court, the governor can suspend the concerned
chairman or member, pending the final removal order of the president on receipt of the report of
the Supreme Court.

Further, the Constitution has also defined the term ‘misbehaviour’ in this context. The
Constitution states that the chairman or any other member of a SPSC is deemed to be guilty of
misbehaviour, if he (a) is concerned or interested in any contract or agreement made by the
Government of India or the government of a state, or (b) participates in any way in the profit of
such contract or agreement or in any benefit there from otherwise than as a member and in
common with other members of an incorporated company.

Independence

As in the case of UPSC, the Constitution has made the following provisions to safeguard and
ensure the independent and impartial functioning of a SPSC:

(a) The chairman or a member of a SPSC can be removed from office by the president only in the
manner and on the grounds mentioned in the Constitution. Therefore, they enjoy the security of
tenure.

(b) The conditions of service of the chairman or a member, though determined by the governor,
cannot be varied to his disadvantage after his appointment.

(c) The entire expense including the salaries, allowances and pensions of the chairman and
members of a SPSC are charged on the consolidated fund of the state. Thus, they are not subject
to vote of the state legislature.

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(d) The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman
or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment
under the Government of India or a State

A member of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a
member of the UPSC, or as the chairman of that SPSC or any other SPSC, but. not for any other
employment under the Government of India or a state.

(f) The chairman or a member of a SPSC is (after having completed his first term) not eligible for
reappointment to that office (that is, not eligible for second term).

Powers, Functions and Responsibilities

A SPSC performs all those functions in respect of the state services as the UPSC does in relation
to the Central services:

(a) It conducts examinations for appointments to the services of the state.

(b) It is consulted on the following matters related to personnel management:

(i) All matters relating to methods of recruitment to civil services and for civil posts.

(ii) The principles to be followed in making appointments to civil services and posts and in
making promotions and transfers from one service to another. -

(iii) The suitability of candidates for appointments to civil services and posts; for promotions and
transfers from one service to another; and appointments by transfer or deputation. The concerned
departments make recommendations for promotions and request the SPSC to ratify them.

iv) All disciplinary matters affecting a person serving under the government of the state in a civil
capacity including memorials or petitions relating to such matters. These include:

• Censure (severe disapproval) Withholding of increments Withholding of promotions

Recovery of pecuniary loss

• Reduction to lower service or rank (demotion)

• Compulsory retirement

• Removal from service

• Dismissal from service

(v) Any claim for reimbursement of legal expenses incurred by a civil servant in defending legal
proceedings instituted against him in respect of acts done in the execution of his official duties.

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(vi) Any claim for the award of a pension in respect of injuries sustained by a person while serving
under the government of the state and any question as to the amount of any such award.

(vii) Any other matter related to the personnel management.

The Supreme Court has held that16 if the government fails to consult the SPSC in these matters,
the aggrieved public servant has no remedy in a court. In other words, the court held that any
irregularity in consultation with the SPSC or acting without consultation does not invalidate the
decision of the government. Thus, the provision is directory and not mandatory. Similarly, the
court held that a selection by the SPSC does not confer any right to the post upon the candidate.
However, the government is to act fairly and without arbitrariness or malafides.
The additional functions relating to the services of the state can be conferred on SPSC by the state
legislature. It can also place the personnel system of any local authority, corporate body or public
institution within the jurisdiction of the SPSc. Hence the jurisdiction of SPSC can be extended by
an Act made by the state legislature.

The SPSC presents, annually, to the governor a report on its performance. The governor places
this report before both the Houses of the state legislature, along with a memorandum explaining
the cases where the advice of the Commission was not accepted and the reasons for such non-
acceptance.
The following matters are kept outside the functional jurisdiction of the SPSC. In other words,
the SPSC is not consulted on the following matters:

(a) While making reservations of appointments or posts in favour of any backward class of
citizens.

(b) While taking into consideration the claims of scheduled castes and scheduled tribes in making
appointments to services and posts.

The governor can exclude posts, services and matters from the purview of the SPSC. The
Constitution states that the governor, in respect to the state services and posts may make
regulations specifying the matters in which, it shall not be necessary for SPSC to be consulted.
But all such regulations made by the governor shall be laid before each House of the state
legislature for at least 14 days. The state legislature can amend or repeal them.

In Jai Shankar Prasad v. State of Bihar17, the court held that, “the requirement in Article 316(1)
proviso, as to one-half members being persons who have held office under the Government is

16
Sant Ram Sharma v. State of Rajasthan, AIR 1967 SC 1910.
17
Jai Shankar Prasad v. State of Bihar, AIR 1993 SC 1906.
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directory. Hence in a State Public Service Commission comprising eleven members, a challenge
to the seventh member is not sustainable in law.

Conclusion

It is a cardinal principle of Civil Service recruitment that the selections should be made by a
specially constituted agency, called a Public Service Commission. A Public Service Commission,
as a rule, has statutory existence and powers, the object being to ensure the integrity and
independence of its members. The members of a Public Service Commission are appointed under
special term of tenure, and they can be removed from office under circumstances similar to those
of the judges. Under Article 315, each constituent State of the Union should have a Public Service
Commission. There is however provision for setting up Joint Public Service Commissions each
serving more than one State.

But such Commissions may be set up only by the law of Parliament on a request for the same by
the States concerned. The Constitution also permits the Union Public Service Commission to
render its services to a State, for all or any of the needs of the State, with the approval of the
President.

The members of a State Public Service Commission are appointed by the Governor, and those of
a Joint Commission by the President. As in the case of the Union Commission, the appointment
is for a maximum period of six years.

But if a member attains the age of 62 years while in service, irrespective of his having completed
six years he must retire from service. The members of State and Joint Public Service Commissions
are not eligible for any appointment under the Union or the States except that a Chairman may
become the Chairman or a member of the Union Public Service Commission or the Chairman of
any other State or Joint Service Commission and a member may, in addition to the above-
mentioned offices, become the Chairman of the Commission of which he is a member.

The conditions of service of the members of the State Public Service Commissions are more or
less the same as those of the Union Commission. The only significant point of difference is in
salary which varies from State to State.

The conditions of service of a member of a State Public Service Commission may not be varied
to his disadvantage after his appointment. The number of members on the State Commissions
also varies from State to State. The basis and the procedure for the removal of the members of
the State or Joint Commissions are the same as for the members of the Union Public Service
Commission.

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