Question

Which of the following constitutional articles are correctly matched with their provisions?

1. Article 317: Functions of Public Service Commissions.

2. Article 320: Functions of Public Service Commissions.

3. Article 323: Reports of Public Service Commissions.

• A. 1 & 2
• B. 2 & 3
• C. 1 & 3
• D. All are correct

Answer 1

Answer:

B. 2 & 3

Understanding Public Service Commissions and Relevant Constitutional Articles

Article 317: Removal and Suspension of a Member of a Public Service Commission

• Article 317 deals with the removal or suspension of a member of a Public Service Commission (PSC).

• A member can be removed by the President (in the case of UPSC or Joint SPSC) or the Governor (in the case of SPSC) only on the ground of misbehaviour, after an inquiry by the Supreme Court.

• Pending the inquiry by the Supreme Court, the President (for UPSC/Joint SPSC) or the Governor (for SPSC) can suspend the member.

Article 320: Functions of Public Service Commissions

• Article 320 outlines the functions of Public Service Commissions, including the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs).

• These functions primarily involve conducting examinations for appointments to the services of the Union and the States, as well as advising on various service matters like recruitment, transfers, promotions, and disciplinary actions.

• The Commission must be consulted on matters related to methods of recruitment, principles to be followed in making appointments, and disciplinary matters affecting a person serving under the Government.

Article 323: Reports of Public Service Commissions

• Article 323 mandates that the Public Service Commissions shall present annual reports on their performance.

• The UPSC presents its annual report to the President, who then lays it before both Houses of Parliament.

• A State Public Service Commission (SPSC) presents its annual report to the Governor of the State, who then lays it before the State Legislature.

• This report includes details of the work done by the Commission and, importantly, the cases where the advice of the Commission was not accepted by the government, along with reasons for such non-acceptance.

Key Facts about Public Service Commissions:

• Public Service Commissions in India are constitutional bodies, established under Part XIV of the Indian Constitution, specifically from Article 315 to Article 323.

• Article 315 provides for the establishment of a Union Public Service Commission for the Union and a State Public Service Commission for each State.

• It also allows for the formation of a Joint State Public Service Commission for two or more States by an Act of Parliament, if requested by the State Legislatures concerned.

• Members of UPSC and SPSC are appointed for a term of six years or until they attain the age of 65 years (UPSC) or 62 years (SPSC), whichever is earlier.

• Though appointed by the President (UPSC) or Governor (SPSC), members can only be removed by the President, based on the procedure laid down in Article 317