Article 319 of the Indian Constitution: UPSC 2025 Notes

Actual Article

Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members

On ceasing to hold office—

(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) the Chairman of a State Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State other than the State in which he was Chairman;
(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

UPSC Notes for Article 319

Explanation:

Prohibition on Further Employment: Article 319 sets out the conditions under which members of the Public Service Commissions are prohibited from holding certain offices after ceasing to be members of the Commission.
Chairman of UPSC: Clause (a) specifies that the Chairman of the Union Public Service Commission (UPSC) is ineligible for any further employment under both the Government of India and the State Governments.
Chairman of SPSC: Clause (b) states that the Chairman of a State Public Service Commission (SPSC) is ineligible for further employment under the Government of India or any State Government other than the State in which he was the Chairman.
Members of UPSC: Clause (c) allows members of the UPSC, other than the Chairman, to be appointed as Chairman of the UPSC or an SPSC, but they are ineligible for any other employment under the Government of India or the State Governments.
Members of SPSC: Clause (d) allows members of the SPSC, other than the Chairman, to be appointed as Chairman of the UPSC or any SPSC, but they are ineligible for any other employment under the Government of India or the State Governments.

Key Points:

Ensuring Impartiality: The prohibitions help ensure that members of the Public Service Commissions remain impartial and are not influenced by prospects of future employment.
Maintaining Integrity: These provisions safeguard the integrity of the Public Service Commissions by preventing potential conflicts of interest.
Career Progression within Commissions: Allows for career progression within the Public Service Commissions by permitting members to be appointed as Chairmen, promoting continuity and experience.

Important Cases and Commissions Related to Article 319

Cases:

No specific landmark cases directly interpreting Article 319, as it deals with the eligibility of former members of Public Service Commissions for future employment.

Commissions:

Second Administrative Reforms Commission: Recommends measures to enhance the transparency and accountability of Public Service Commissions, including employment conditions of members.
Law Commission of India: Reviews and suggests reforms to ensure the effective implementation of provisions related to the service conditions and post-retirement employment of PSC members.

Important Reports Related to Article 319:

Administrative Reforms Commission Reports: Provide recommendations for improving the functioning and integrity of Public Service Commissions, including restrictions on post-retirement employment.
Law Commission Reports: Discuss the legal frameworks for ensuring impartiality and integrity of PSC members, recommending necessary reforms.

Previous Year Prelims Questions Related to Article 319

(UPSC Prelims 2016) According to Article 319, what is the eligibility of the Chairman of the Union Public Service Commission for further employment?

A. Eligible for any employment under the Government of India
B. Eligible for employment under the Government of any State
C. Ineligible for further employment under both the Government of India and the State Governments
D. Eligible for appointment as a member of Parliament Correct Answer: C. Ineligible for further employment under both the Government of India and the State Governments

(UPSC Prelims 2018) Who among the following is eligible for appointment as the Chairman of the Union Public Service Commission according to Article 319?

A. A member other than the Chairman of the State Public Service Commission
B. The Chief Justice of a High Court
C. Any retired government official
D. The Governor of a State Correct Answer: A. A member other than the Chairman of the State Public Service Commission

Previous Year Mains Questions Related to Article 319

Mains 2016: “Discuss the significance of Article 319 in maintaining the integrity and impartiality of Public Service Commissions. How do the prohibitions on further employment contribute to the effectiveness of these Commissions?”
Mains 2019: “Evaluate the impact of the restrictions on post-retirement employment for members of Public Service Commissions under Article 319. What are the potential benefits and challenges of these provisions?”

Additional Insights:

Preventing Conflict of Interest: Article 319 helps in preventing conflicts of interest by ensuring that former PSC members do not seek employment in government positions where they might have undue influence or advantages.
Promoting Transparency: The restrictions on further employment promote transparency and trust in the functioning of Public Service Commissions.
Encouraging Dedicated Service: By limiting future employment opportunities, the article encourages members to dedicate their service entirely to the objectives and responsibilities of the Public Service Commissions.

Understanding Article 319 is crucial for UPSC aspirants as it provides insights into the mechanisms for ensuring the integrity and impartiality of Public Service Commission members. 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.