Actual Article
Article 316: Appointment and term of office of members
- The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:
- Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State.
- A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:
- Provided that—
- (a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;
- (b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of Article 317.
UPSC Notes for Article 316
Explanation:
- Appointment of Members: Clause (1) specifies that the Chairman and other members of the Union Public Service Commission (UPSC) or a Joint State Public Service Commission (JSPSC) are appointed by the President, while the members of a State Public Service Commission (SPSC) are appointed by the Governor.
- Experience Requirement: At least half of the members of every Public Service Commission should have held office for at least ten years under the Government of India or a State government.
- Term of Office: Clause (2) states that members hold office for six years or until they attain the age of 65 years (for the UPSC) or 62 years (for the SPSC and JSPSC), whichever is earlier.
- Resignation and Removal: Members can resign by writing to the President or Governor and can be removed as per the provisions of Article 317.
Key Points:
- Experience and Expertise: Ensures that PSC members have substantial administrative experience, contributing to informed and effective decision-making.
- Fixed Term and Age Limit: Provides stability and continuity in the functioning of the PSCs while ensuring periodic infusion of new members.
- Resignation and Removal: Specifies clear procedures for the resignation and removal of PSC members, ensuring accountability and integrity.
Important Cases and Commissions Related to Article 316
Cases:
- Dr. L.P. Agarwal vs. Union of India (1992): The Supreme Court held that the appointment process for PSC members should adhere to the constitutional provisions to ensure transparency and merit.
- Shri Kumar Padma Prasad vs. Union of India (1992): The Court emphasized the need for appointing experienced and qualified individuals to PSCs to maintain the integrity and effectiveness of the commission.
Commissions:
- Second Administrative Reforms Commission: Recommended measures to enhance the selection process and functioning of PSCs, ensuring transparency and accountability.
- Law Commission of India: Reviews and suggests reforms to the legal framework governing the appointment and functioning of PSCs.
Important Reports Related to Article 316:
- Administrative Reforms Commission Reports: Provide recommendations for improving the selection, tenure, and functioning of PSC members.
- Law Commission Reports: Discuss the legal aspects of PSC appointments and suggest necessary reforms to ensure adherence to constitutional provisions.
Previous Year Prelims Questions Related to Article 316
- (UPSC Prelims 2016) Who appoints the Chairman and other members of the Union Public Service Commission (UPSC)?
- A. The Prime Minister
- B. The President
- C. The Chief Justice of India
- D. The Vice President Correct Answer: B. The President
- (UPSC Prelims 2018) What is the term of office for a member of a State Public Service Commission (SPSC) according to Article 316?
- A. Four years or until the age of 60, whichever is earlier
- B. Five years or until the age of 62, whichever is earlier
- C. Six years or until the age of 62, whichever is earlier
- D. Six years or until the age of 65, whichever is earlier Correct Answer: C. Six years or until the age of 62, whichever is earlier
Previous Year Mains Questions Related to Article 316
- Mains 2016: “Discuss the significance of Article 316 in ensuring the appointment of experienced and qualified members to Public Service Commissions. How does this article contribute to the effective functioning of PSCs?”
- Mains 2019: “Evaluate the impact of the term of office and age limit provisions for PSC members under Article 316. What are the potential benefits and challenges associated with these provisions?”
Additional Insights:
- Ensuring Merit and Integrity: Article 316 ensures that the appointment of PSC members is based on experience and qualifications, promoting merit and integrity in the selection process.
- Stable Governance: The fixed term and age limits for PSC members provide stability and continuity, allowing PSCs to function effectively and consistently.
- Accountability Mechanisms: The provisions for resignation and removal of members ensure accountability and provide mechanisms to address any issues of misconduct or inefficiency.
Understanding Article 316 is crucial for UPSC aspirants as it provides insights into the mechanisms for appointing and managing the tenure of PSC members, emphasizing the importance of experience, stability, and accountability 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.