Article 319 of the Indian Constitution sets forth provisions regarding the eligibility for further employment of members of Public Service Commissions upon ceasing to hold office. This article outlines specific conditions and restrictions that apply to the Chairman and members of both the Union Public Service Commission and State Public Service Commissions. It determines the scope of employment opportunities available to these individuals after their tenure, with the primary aim of ensuring their impartiality and preventing conflicts of interest in public service roles.
What does Article 319 States?
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 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;
(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 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.
Key Aspects of Article 319
In accordance with Article 319 of the Indian Constitution, Public Service Commission members who leave office are not eligible for future employment. The objective of this article is to protect the standards of objectivity and shield those who have held office as the chairman or members of these committees from potential conflicts of interest. Here are some specifics and insights into what Article 319 says:
- Restrictions for Chairman of the Union Public Service Commission (UPSC): Restrictions for the Chairman of the Union Public Service Commission (UPSC) Article 319(a) states that the Chairman of the UPSC is ineligible for any additional position after leaving office, whether it be with the Government of India or with a State. This restriction is designed to make sure that the Chairman maintains his objectivity and doesn’t apply for or accept a government job after holding a position in charge of supervising government hiring.
- Eligibility of Chairman of a State Public Service Commission: The Chairman of a State Public Service Commission is entitled to be appointed as the Chairman of the UPSC, as any other member of the UPSC, or as the Chairman of another State Public Service Commission, according to Article 319(b). They are not, however, qualified for any other positions in the Union or State governments. Mobility across public service commissions at various levels of government is made possible by this provision.
- Eligibility of Members of the UPSC: Members of the UPSC are qualified to be appointed as the organization’s chairman or the head of a state public service commission, according to Article 319(c) of the UPSC‘s constitution. They are not qualified for any other positions in the Union or State government, similar to the Chairman of a State Public Service Commission.
- Eligibility of Members of a State Public Service Commission: Members (other than the Chairman) of a State Public Service Commission are eligible for appointment as the Chairman or any other member of the UPSC or as the Chairman of another State Public Service Commission, according to Article 319(d) of the Indian Constitution. They are ineligible for any other Union or State-level government position, just like UPSC members.
- Upholding Independence: The guidelines in Article 319 are intended to uphold the independence and impartiality of people who have held office as the chairman or members of public service commissions. The Constitution attempts to avoid potential conflicts of interest and guarantee that the hiring and selection procedures are fair and impartial by restricting their post-retirement career options inside the government.
- Promotion of Expertise: The clause also permits the application of the skills and experience of previous State Public Service Commission Chairman and members in high-level posts within the UPSC, fostering efficiency and information sharing in the field of public service recruitment.