Actual Article
Article 315: Public Service Commissions for the Union and for the States
- Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
- Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (JSPSC) to serve the needs of those States.
- Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
- The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.
- References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Joint State Public Service Commission in relation to any State to which the provisions of clause (2) apply.
UPSC Notes for Article 315
Explanation:
- Establishment of Commissions: Clause (1) mandates the creation of a Public Service Commission (PSC) for the Union and each State, ensuring standardized recruitment and service conditions for civil services.
- Joint State PSCs: Clause (2) allows for the formation of a Joint State Public Service Commission (JSPSC) if two or more States agree and pass resolutions to that effect. Parliament can then provide for the appointment of a JSPSC.
- Incidental Provisions: Clause (3) permits laws made under this article to include necessary provisions to facilitate the establishment and functioning of JSPSCs.
- Union PSC Serving States: Clause (4) allows the Union Public Service Commission (UPSC) to serve the needs of a State PSC if requested by the Governor and approved by the President.
- Interpretation: Clause (5) clarifies that references to the UPSC or a State PSC in the Constitution include JSPSCs where applicable.
Key Points:
- Uniform Recruitment Standards: Ensures uniform recruitment standards for civil services across the Union and States, promoting merit and fairness.
- Flexibility in Administration: Allows for the creation of JSPSCs to cater to the needs of multiple States, promoting administrative efficiency and resource sharing.
- Central Assistance: Permits the UPSC to assist State PSCs, ensuring that smaller or less-resourced States can maintain recruitment standards.
Important Cases and Commissions Related to Article 315
Cases:
- D.K. Yadav vs. J.M.A. Industries Ltd. (1993): Emphasized the role of fairness and transparency in public service recruitment, which PSCs are designed to uphold.
- T.N. Godavarman Thirumulpad vs. Union of India (2006): Highlighted the importance of following constitutional provisions in appointments and the role of PSCs in ensuring merit-based recruitment.
Commissions:
- Second Administrative Reforms Commission: Recommended measures to enhance the efficiency, transparency, and accountability of PSCs.
- Law Commission of India: Reviews and suggests reforms to ensure that PSCs function effectively and align with constitutional mandates.
Important Reports Related to Article 315:
- Administrative Reforms Commission Reports: Provide recommendations for improving the functioning and effectiveness of PSCs.
- Law Commission Reports: Discuss legal frameworks for PSCs and recommend necessary reforms to enhance their efficiency and fairness.
Previous Year Prelims Questions Related to Article 315
- (UPSC Prelims 2016) What does Article 315 of the Indian Constitution provide for?
- A. Formation of the Supreme Court
- B. Establishment of Public Service Commissions for the Union and States
- C. Regulation of interstate trade
- D. Financial distribution between the Union and States Correct Answer: B. Establishment of Public Service Commissions for the Union and States
- (UPSC Prelims 2018) Can two or more States form a Joint State Public Service Commission (JSPSC)?
- A. No, each State must have its own PSC
- B. Yes, if they agree and pass resolutions to that effect
- C. Yes, if approved by the President
- D. No, it is not permitted by the Constitution Correct Answer: B. Yes, if they agree and pass resolutions to that effect
Previous Year Mains Questions Related to Article 315
- Mains 2016: “Discuss the significance of Public Service Commissions as provided under Article 315 of the Indian Constitution. How do these Commissions ensure transparency and merit in civil service recruitment?”
- Mains 2019: “Evaluate the impact of establishing Joint State Public Service Commissions (JSPSCs) under Article 315. What are the potential benefits and challenges associated with this provision?”
Additional Insights:
- Merit-Based Recruitment: Article 315 ensures that civil service recruitment is based on merit, promoting fairness and competence in public administration.
- Resource Optimization: The provision for JSPSCs allows States to optimize resources by sharing recruitment and service management functions, enhancing efficiency.
- Assistance from UPSC: Smaller or resource-constrained States can benefit from the expertise and resources of the UPSC, maintaining high recruitment standards and practices.
Understanding Article 315 is crucial for UPSC aspirants as it provides insights into the mechanisms for ensuring transparent, merit-based recruitment in civil services across the Union and States. 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.