Actual Article
Article 318: Power to make regulations as to conditions of service of members and staff of the Commission
In the case of the Union Commission or a Joint Commission, the President, and in the case of a State Commission, the Governor of the State, may by regulations—
- (a) determine the number of members of the Commission and their conditions of service; and
- (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service:
- Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
UPSC Notes for Article 318
Explanation:
- Authority to Regulate Service Conditions: Article 318 empowers the President (for the Union or a Joint Commission) and the Governor (for a State Commission) to determine the number and conditions of service of the members and staff of the respective Public Service Commissions.
- Protection of Service Conditions: Ensures that the service conditions of a member of a Public Service Commission cannot be varied to his disadvantage after his appointment.
Key Points:
- Regulatory Authority: Provides the executive authority to set and regulate the service conditions of Public Service Commission members and staff, ensuring flexibility and administrative efficiency.
- Protection Clause: Protects the members of Public Service Commissions from any adverse changes to their service conditions post-appointment, ensuring stability and fairness.
Important Cases and Commissions Related to Article 318
Cases:
- No specific landmark cases directly interpreting Article 318 as it deals with regulatory authority and service conditions.
Commissions:
- Second Administrative Reforms Commission: Suggested improvements in the administrative functioning and service conditions of Public Service Commissions.
- Law Commission of India: Reviews and recommends reforms to ensure the effective implementation of service regulations for Public Service Commissions.
Important Reports Related to Article 318:
- Administrative Reforms Commission Reports: Provide recommendations on the conditions of service and the number of members and staff for Public Service Commissions to enhance their effectiveness.
- Law Commission Reports: Discuss legal frameworks for service conditions and recommend necessary reforms to ensure compliance with constitutional provisions.
Previous Year Prelims Questions Related to Article 318
- (UPSC Prelims 2016) Who has the power to determine the number of members and their conditions of service for the Union Public Service Commission (UPSC)?
- A. The Prime Minister
- B. The Chief Justice of India
- C. The President
- D. The Parliament Correct Answer: C. The President
- (UPSC Prelims 2018) According to Article 318, who can make regulations regarding the conditions of service of the staff of a State Public Service Commission?
- A. The Prime Minister
- B. The Chief Minister
- C. The Governor of the State
- D. The State Legislature Correct Answer: C. The Governor of the State
Previous Year Mains Questions Related to Article 318
- Mains 2016: “Discuss the significance of Article 318 in providing the regulatory framework for the service conditions of members and staff of Public Service Commissions. How does this article contribute to the administrative efficiency of these commissions?”
- Mains 2019: “Evaluate the impact of the protection clause under Article 318 on the stability and fairness of service conditions for members of Public Service Commissions. What are the potential benefits and challenges of this provision?”
Additional Insights:
- Ensuring Flexibility: Article 318 allows the executive to regulate the number and conditions of service for Public Service Commission members and staff, ensuring flexibility in administrative management.
- Stability and Fairness: The protection clause ensures that once appointed, members are safeguarded against adverse changes to their service conditions, promoting stability and fairness.
- Administrative Efficiency: By allowing the President and Governors to make necessary regulations, the article ensures that Public Service Commissions can function efficiently and effectively.
Understanding Article 318 is crucial for UPSC aspirants as it provides insights into the mechanisms for regulating the service conditions of Public Service Commission members and staff, emphasizing the importance of flexibility, stability, and fairness 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.