Actual Article
Article 321: Power to extend functions of Public Service Commissions
An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.
UPSC Notes for Article 321
Explanation:
- Extension of Functions: Article 321 allows Parliament or the State Legislature to extend the functions of the Union Public Service Commission (UPSC) or State Public Service Commissions (SPSCs) beyond their current scope.
- Additional Functions: These additional functions can pertain to the services of the Union or State, as well as services of any local authority, body corporate constituted by law, or any public institution.
- Flexibility in Scope: This article provides the flexibility to expand the role and responsibilities of PSCs to address the evolving needs of public administration and governance.
Key Points:
- Adaptive Governance: Ensures that PSCs can adapt to changing administrative needs by taking on additional functions as deemed necessary by Parliament or State Legislatures.
- Enhanced Role: Enables PSCs to contribute more broadly to public administration, including local authorities and public institutions, thereby promoting uniform standards and merit-based selection.
- Legislative Authority: Empowers legislative bodies to determine the additional functions of PSCs, ensuring that such expansions are subject to democratic oversight and control.
Important Cases and Commissions Related to Article 321
Cases:
- No specific landmark cases directly interpreting Article 321, as it deals with the legislative power to extend the functions of PSCs.
Commissions:
- Second Administrative Reforms Commission: Recommended measures for enhancing the role and functions of PSCs in public administration.
- Law Commission of India: Reviews and suggests reforms to ensure that the expansion of PSC functions aligns with constitutional provisions and administrative efficiency.
Important Reports Related to Article 321:
- Administrative Reforms Commission Reports: Provide recommendations for the potential extension of PSC functions to improve public service recruitment and administration.
- Law Commission Reports: Discuss the legal frameworks for extending the functions of PSCs and recommend necessary reforms to ensure effective implementation.
Previous Year Prelims Questions Related to Article 321
- (UPSC Prelims 2016) What does Article 321 of the Indian Constitution allow?
- A. The President to dissolve the Union Public Service Commission
- B. The extension of functions of Public Service Commissions by Parliament or State Legislatures
- C. The creation of new Public Service Commissions by the President
- D. The merger of State Public Service Commissions Correct Answer: B. The extension of functions of Public Service Commissions by Parliament or State Legislatures
- (UPSC Prelims 2018) Who has the authority to extend the functions of the Union Public Service Commission under Article 321?
- A. The President
- B. The Chief Justice of India
- C. Parliament
- D. The Prime Minister Correct Answer: C. Parliament
Previous Year Mains Questions Related to Article 321
- Mains 2016: “Discuss the significance of Article 321 in enhancing the role and functions of Public Service Commissions. How does this article ensure adaptive governance in public administration?”
- Mains 2019: “Evaluate the potential benefits and challenges of extending the functions of Public Service Commissions under Article 321. What are the implications for public administration and governance?”
Additional Insights:
- Flexibility and Adaptation: Article 321 provides the flexibility needed for PSCs to adapt to the changing demands of public administration, ensuring that they can take on new roles and responsibilities as required.
- Promoting Uniform Standards: By allowing PSCs to extend their functions to local authorities and public institutions, the article promotes uniform standards and merit-based selection across different levels of government.
- Legislative Oversight: Ensures that any extension of PSC functions is subject to legislative oversight, maintaining transparency, accountability, and alignment with democratic principles.
Understanding Article 321 is crucial for UPSC aspirants as it provides insights into the mechanisms for extending the functions of Public Service Commissions, emphasizing the importance of flexibility, adaptation, and legislative oversight 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.