Article 320 of the Indian Constitution: UPSC 2025 Notes

Actual Article

Article 320: Functions of Public Service Commissions

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.
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.
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;
(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 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, 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 in a civil capacity, and any question as to the amount of any such award; and
(f) 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.
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.

UPSC Notes for Article 320

Explanation:

Conduct of Examinations: Clause (1) mandates the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) to conduct examinations for appointments to the Union and State services, respectively.
Joint Recruitment: Clause (2) allows the UPSC to assist two or more States in conducting joint recruitment for services requiring special qualifications, upon request.
Consultation: Clause (3) requires the UPSC and SPSCs to be consulted on various matters, including recruitment methods, appointments, promotions, transfers, disciplinary matters, legal cost claims, and pension claims.
Exemptions: The proviso to Clause (3) allows the President or the Governor to specify matters where consultation with the PSCs is not necessary.
Legislative Oversight: Clause (5) ensures that all regulations made under the proviso to Clause (3) are laid before Parliament or the State Legislature for scrutiny and potential modification.

Key Points:

Central Role in Recruitment: PSCs play a central role in ensuring merit-based recruitment through competitive examinations, maintaining the integrity and efficiency of public services.
Consultative Function: Ensures that PSCs are involved in important decisions regarding recruitment, appointments, promotions, and disciplinary actions, promoting transparency and fairness.
Flexibility and Oversight: The provisions allow flexibility in administration while ensuring legislative oversight and accountability.

Important Cases and Commissions Related to Article 320

Cases:

State of Haryana vs. Subhash Chander Marwaha (1974): Emphasized the importance of consulting the PSCs in recruitment and disciplinary matters to maintain the integrity of the selection process.
Durgacharan Misra vs. State of Orissa (1987): Highlighted the consultative role of PSCs in matters of recruitment and the necessity of following due process.

Commissions:

Second Administrative Reforms Commission: Suggested improvements to enhance the functioning and effectiveness of PSCs in recruitment and other consultative roles.
Law Commission of India: Reviews and recommends reforms to ensure that the consultative process involving PSCs is efficient and aligned with constitutional provisions.

Important Reports Related to Article 320:

Administrative Reforms Commission Reports: Provide recommendations for improving the recruitment process and the consultative functions of PSCs to ensure transparency and merit-based selection.
Law Commission Reports: Discuss legal frameworks for the consultative role of PSCs and recommend necessary reforms to enhance their effectiveness.

Previous Year Prelims Questions Related to Article 320

(UPSC Prelims 2016) What is one of the functions of the Union Public Service Commission (UPSC) under Article 320?

A. To conduct elections for the Lok Sabha
B. To conduct examinations for appointments to the services of the Union
C. To manage the Consolidated Fund of India
D. To supervise the functioning of the Reserve Bank of India Correct Answer: B. To conduct examinations for appointments to the services of the Union

(UPSC Prelims 2018) According to Article 320, in which matter must the Public Service Commission be consulted?

A. Regulation of foreign trade
B. Methods of recruitment to civil services and posts
C. Administration of justice
D. Framing of financial policies Correct Answer: B. Methods of recruitment to civil services and posts

Previous Year Mains Questions Related to Article 320

Mains 2016: “Discuss the significance of Article 320 in ensuring a transparent and merit-based recruitment process in public services. How does the consultative role of Public Service Commissions contribute to administrative efficiency?”
Mains 2019: “Evaluate the impact of the provisions under Article 320 on the recruitment and disciplinary processes in public services. What are the potential benefits and challenges of consulting Public Service Commissions in these matters?”

Additional Insights:

Merit-Based Recruitment: Article 320 underscores the importance of merit-based recruitment through competitive examinations, ensuring that public services are staffed with qualified individuals.
Transparency and Fairness: The consultative role of PSCs in various administrative matters promotes transparency and fairness in decision-making processes related to public services.
Legislative Scrutiny: Ensures that regulations exempting certain matters from PSC consultation are subject to legislative scrutiny, maintaining accountability and oversight.

Understanding Article 320 is crucial for UPSC aspirants as it provides insights into the functions and consultative roles of Public Service Commissions, emphasizing the importance of transparency, merit-based recruitment, and legislative oversight in public administration. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on the functioning of Public Service Commissions within the Indian Constitution.