Actual Article
Article 378: Provisions as to Public Service Commissions
(1) The Public Service Commissions for the Dominion of India and for the Provinces functioning immediately before the commencement of this Constitution shall be deemed to be the Union Public Service Commission and the State Public Service Commissions established by this Constitution.
(2) The Public Service Commission for the Dominion of India or a Province referred to in clause (1) shall be deemed to have been appointed in accordance with the provisions of this Constitution and shall, notwithstanding anything contained in Chapter II of Part XIV, continue to function until other provisions are made by or under this Constitution.
(3) All the functions of the Public Service Commission for the Dominion of India or a Province referred to in clause (1) shall be discharged by the Union Public Service Commission or the State Public Service Commissions, as the case may be.
UPSC Notes for Article 378
Explanation:
- Transition of Public Service Commissions: Article 378 ensures the seamless transition of the Public Service Commissions that were functioning before the commencement of the Constitution into the new constitutional framework.
- Continuation of Functions: The Public Service Commissions for the Dominion of India and the Provinces are deemed to be the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSC) established by the Constitution.
- Appointment and Functioning: These commissions are deemed to have been appointed in accordance with the new constitutional provisions and will continue to function until new provisions are made.
Key Points:
- Seamless Transition: Ensures that the Public Service Commissions continue to operate without interruption during the transition to the new constitutional framework.
- Legal Continuity: Maintains the validity of the appointments and functions of the existing commissions under the new constitutional order.
- Unified Structure: Integrates the Public Service Commissions into the structure established by the Constitution, ensuring continuity and consistency in public service examinations and recruitment.
Important Cases and Commissions Related to Article 378
Cases:
- No landmark Supreme Court cases specifically interpreting Article 378, as it primarily deals with transitional provisions for Public Service Commissions.
Commissions:
- Various Administrative Reforms Commissions: Have reviewed the functioning and transition of Public Service Commissions from the pre-constitutional era to the post-constitutional framework.
Important Reports Related to Article 378:
- Reports by the Union Public Service Commission (UPSC): Discuss the historical transition and the role of the Public Service Commissions in ensuring continuity in public service recruitment.
Previous Year Prelims Questions Related to Article 378
- What does Article 378 of the Indian Constitution provide for?
A. Establishment of new Public Service Commissions
B. Continuation of existing Public Service Commissions
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Continuation of existing Public Service Commissions - Under Article 378, what are the Public Service Commissions for the Dominion of India and the Provinces deemed to be after the commencement of the Constitution?
A. New bodies altogether
B. Union Public Service Commission and State Public Service Commissions
C. Regional Public Service Commissions
D. Judicial Commissions Correct Answer: B. Union Public Service Commission and State Public Service Commissions - According to Article 378, how long will the existing Public Service Commissions continue to function?
A. Indefinitely
B. Until new provisions are made by or under the Constitution
C. For one year from the commencement of the Constitution
D. Until they are dissolved by the President Correct Answer: B. Until new provisions are made by or under the Constitution
Previous Year Mains Questions Related to Article 378
- Discuss the significance of Article 378 in ensuring the continuity of the Public Service Commissions during the transition to the new constitutional framework. How does this provision contribute to the stability of public service recruitment in India?
- Evaluate the role of the Union Public Service Commission and State Public Service Commissions under Article 378. How does this provision ensure the seamless transition of functions from the pre-constitutional to the post-constitutional era?
- Analyze the impact of Article 378 on the functioning of Public Service Commissions in India. How did this transitional provision facilitate the integration of the Public Service Commissions into the new constitutional order?
Additional Insights:
- Administrative Continuity: Article 378 plays a crucial role in ensuring administrative continuity during the transition to the new constitutional framework, particularly in the area of public service recruitment.
- Validity of Appointments: By deeming the existing commissions as appointed under the new Constitution, Article 378 ensures that there is no disruption in the functioning of these bodies.
- Unified Public Service Structure: Reflects the foresight of the Constitution’s drafters in maintaining a unified and continuous structure for public service commissions, crucial for the effective functioning of the public administration.
Understanding Article 378 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining the continuity and stability of the Public Service Commissions during the transition to the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective functioning of public service recruitment within the Indian Constitution.