Article 316 of the Indian Constitution outlines the crucial provisions governing the appointment and term of office for members of Public Service Commissions in India. This constitutional article delineates the process of appointing the Chairman and other members of these commissions, which vary depending on whether it’s at the Union or State level. Notably, it emphasizes that a significant proportion of commission members must have substantial prior experience in governmental roles. The article also addresses the temporary duties of the Chairman in case of vacancies or absences.
What does Article 316 states?
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
(1A).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 persons 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 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 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 316 of the Indian Constitution, with its exhaustive provisions regarding the appointment and tenure of Public Service Commission members, is essential to the functioning of these bodies in India. Here are some additional details about this article’s main components:
- Appointment by the President and Governors: Article 316 stipulates that the Chairman and members of a Public Service Commission are appointed by the President for a Union or Joint Commission, and by the Governor for a State Commission. This power distribution helps preserve the federal structure of the Indian government.
- Experience Requirement: The requirement that at least half of the members of each Public Service Commission must have a minimum of ten years of experience in government service is an essential aspect of Article 316. This ensures that commission members have a firm background in public administration, which is necessary for their function of recruiting and supervising civil servants.
- Temporary Chairman: In cases where the Chairman’s office becomes vacant or the Chairman is temporarily unable to perform their duties, the article permits the President (for the Union Commission or a Joint Commission) or the Governor (for a State Commission) to appoint another member of the commission to fulfill the Chairman’s responsibilities until a permanent appointment is made or the Chairman returns.
- Fixed Term of Office: Members of a Public Service Commission are appointed for a fixed term of six years or until they reach a certain age limit, whichever occurs first. Age restrictions are set at 65 for the Union Commission and 62 for State and Joint Commissions. This fixed term is designed to assure stability and continuity in the functioning of the commission.
- Resignation and Removal: Article 316 specifies the procedures for members who desire to resign from their positions and for their removal. Members may submit written resignations to the President (for a Union or Joint Commission) or the Governor (for a State Commission). In addition, it stipulates that members may be removed from office in accordance with clause (1) or clause (3) of Article 317.
- Ineligibility for Reappointment: Individuals who have concluded their term as a member of a Public Service Commission are precluded for reappointment to that office, according to an important provision of Article 316. Contributing to the principle of institutional independence, this provision prevents members from serving multiple terms.
Article 316 of the Indian Constitution establishes the framework for the appointment, qualifications, and terms of service of Public Service Commission members in India. The provisions of this article are essential to assuring the impartiality and efficacy of these commissions in the administration of the country, given the vital role they play in matters of civil servant recruitment, appointment, and discipline.