Actual Article
Article 317: Removal and suspension of a member of a Public Service Commission
- 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 misbehavior 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 such ground to be removed.
- 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.
- 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
- (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.
- 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 misbehavior.
UPSC Notes for Article 317
Explanation:
- Grounds for Removal: Clause (1) states that the Chairman or any other member of a Public Service Commission can only be removed by an order of the President on grounds of misbehavior, following an inquiry by the Supreme Court.
- Suspension During Inquiry: Clause (2) allows the President (for the Union or Joint Commission) or the Governor (for a State Commission) to suspend the Chairman or member during the inquiry period.
- Additional Grounds for Removal: Clause (3) provides additional grounds for removal by the President, including insolvency, engagement in paid employment outside office duties, and infirmity of mind or body.
- Conflict of Interest: Clause (4) deems a Chairman or member guilty of misbehavior if they are involved in contracts or agreements with the government or benefit from them inappropriately.
Key Points:
- Ensuring Integrity: Article 317 establishes a robust mechanism to ensure the integrity and accountability of Public Service Commission members.
- Judicial Oversight: Involvement of the Supreme Court in the removal process ensures fairness and adherence to legal principles.
- Conflict of Interest: The article addresses potential conflicts of interest, ensuring that PSC members act in the public interest.
Important Cases and Commissions Related to Article 317
Cases:
- Union of India vs. K.K. Dhawan (1993): The Supreme Court held that disciplinary action against public servants must be fair and just, aligning with the principles underlying Article 317.
- Dr. L.P. Agarwal vs. Union of India (1992): Highlighted the importance of maintaining the integrity and impartiality of PSC members and the role of judicial oversight in their removal.
Commissions:
- Second Administrative Reforms Commission: Recommended measures to enhance the transparency and accountability of Public Service Commissions.
- Law Commission of India: Reviews and suggests reforms to ensure that the removal process for PSC members is fair and effective.
Important Reports Related to Article 317:
- Administrative Reforms Commission Reports: Provide recommendations for improving the procedures for the removal and suspension of PSC members.
- Law Commission Reports: Discuss legal frameworks for ensuring the integrity and accountability of PSC members and recommend necessary reforms.
Previous Year Prelims Questions Related to Article 317
- (UPSC Prelims 2016) Under Article 317, who can remove the Chairman or any other member of a Public Service Commission on grounds of misbehavior?
- A. The Prime Minister
- B. The President, after an inquiry by the Supreme Court
- C. The Chief Justice of India
- D. The Governor Correct Answer: B. The President, after an inquiry by the Supreme Court
- (UPSC Prelims 2018) Which of the following is a ground for removal of a PSC member under Article 317?
- A. Poor performance
- B. Insolvency
- C. Reaching retirement age
- D. Political affiliation Correct Answer: B. Insolvency
Previous Year Mains Questions Related to Article 317
- Mains 2016: “Discuss the significance of Article 317 in ensuring the integrity and accountability of Public Service Commission members. How does the involvement of the Supreme Court enhance the fairness of the removal process?”
- Mains 2019: “Evaluate the impact of the grounds for removal and suspension of PSC members under Article 317. What are the potential benefits and challenges of these provisions in maintaining the effectiveness of Public Service Commissions?”
Additional Insights:
- Maintaining Trust: Article 317 is crucial for maintaining public trust in Public Service Commissions by ensuring that members are held accountable for their actions.
- Balanced Approach: The article balances the need for accountability with fairness by involving judicial oversight and providing clear grounds for removal.
- Protecting Public Interest: By addressing conflicts of interest and misbehavior, the article ensures that PSC members act in the best interest of the public.
Understanding Article 317 is crucial for UPSC aspirants as it provides insights into the mechanisms for ensuring the integrity and accountability of Public Service Commission members. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on public administration within the Indian Constitution.