Actual Article
Article 323: Reports of Public Service Commissions
It shall be the duty of the Union Commission to present annually to the President and of a State Commission to the Governor of the State a report as to the work done by the Commission, and the President, or as the case may be, the Governor, shall cause a copy of the report to be laid before each House of Parliament or the Legislature of the State, along with a memorandum explaining, as far as necessary, the cases, if any, where the advice of the Commission was not accepted and the reasons for such non-acceptance.
UPSC Notes for Article 323
Explanation:
- Annual Reports: Article 323 mandates that the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs) present annual reports on their work to the President and the Governor, respectively.
- Presentation to Legislature: The President or the Governor must lay a copy of the report before each House of Parliament or the State Legislature, along with a memorandum explaining any instances where the Commission’s advice was not accepted and the reasons for such non-acceptance.
- Accountability and Transparency: Ensures accountability and transparency in the functioning of the Public Service Commissions by requiring them to report their activities and decisions to the highest executive authorities and the legislature.
Key Points:
- Regular Reporting: Establishes a system of regular reporting to keep the executive and legislative bodies informed about the activities and effectiveness of the Public Service Commissions.
- Explanation of Non-Acceptance: Requires an explanation for any deviations from the advice of the PSCs, promoting transparency and accountability in decision-making.
- Legislative Oversight: Ensures that the functioning of the PSCs is subject to scrutiny by the legislature, reinforcing democratic principles and oversight.
Important Cases and Commissions Related to Article 323
Cases:
- No specific landmark cases directly interpreting Article 323, as it primarily deals with the reporting requirements of Public Service Commissions.
Commissions:
- Second Administrative Reforms Commission: Suggested measures to enhance the transparency and accountability of Public Service Commissions through regular reporting and legislative oversight.
- Law Commission of India: Reviews and recommends reforms to ensure effective implementation of reporting requirements and accountability mechanisms for PSCs.
Important Reports Related to Article 323:
- Administrative Reforms Commission Reports: Provide recommendations for improving the reporting and accountability frameworks of PSCs.
- Law Commission Reports: Discuss legal frameworks for ensuring transparency and accountability in the functioning of PSCs and recommend necessary reforms.
Previous Year Prelims Questions Related to Article 323
- (UPSC Prelims 2016) What is the duty of the Union Public Service Commission (UPSC) under Article 323?
A. To manage financial resources of the Union
B. To present an annual report to the President
C. To conduct judicial inquiries
D. To oversee the functioning of State Public Service Commissions Correct Answer: B. To present an annual report to the President - (UPSC Prelims 2018) Who must lay the annual report of the State Public Service Commission before the State Legislature under Article 323?
A. The Chief Minister
B. The President
C. The Governor
D. The Chief Justice of the High Court Correct Answer: C. The Governor
Previous Year Mains Questions Related to Article 323
- Mains 2016: “Discuss the significance of Article 323 in ensuring accountability and transparency in the functioning of Public Service Commissions. How does this provision promote legislative oversight?”
- Mains 2019: “Evaluate the impact of the annual reporting requirements under Article 323 on the effectiveness of Public Service Commissions. What are the potential benefits and challenges associated with these reporting mechanisms?”
Additional Insights:
- Promoting Good Governance: Article 323 contributes to good governance by ensuring that Public Service Commissions are accountable for their actions and decisions.
- Transparency in Decision-Making: The requirement to explain any non-acceptance of PSC advice ensures transparency in executive decision-making processes.
- Democratic Accountability: By involving the legislature in reviewing the annual reports of PSCs, Article 323 reinforces democratic accountability and oversight.
Understanding Article 323 is crucial for UPSC aspirants as it provides insights into the mechanisms for ensuring accountability and transparency in the functioning of Public Service Commissions. 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.