Part XIV: Services under the Union and States

Article 316: Appointment and Term of Office of Members

Original Article:

(1) 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, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.

(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.

(2) 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:

• (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.

(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office.

Amendments:

¹Clause (1A) was inserted by the Constitution (Fifteenth Amendment) Act, 1963, effective from 5-10-1963.

²The age limit in clause (2) was revised by the Constitution (Forty-first Amendment) Act, 1976, effective from 7-9-1976.

Explanations:

Article 316 governs the appointment and tenure of Public Service Commission members. It ensures a balance of experienced and new officials, maintaining transparency and efficiency in recruitment processes.

Clause-by-Clause Explanation:

Clause (1): Appointment of Members

Specifies that the President appoints members for Union or Joint Commissions, while Governors appoint members for State Commissions.

Clause (1A): Temporary Appointment of Chairman

Enables temporary appointment to ensure continuity in case the Chairman's office is vacant.

Clause (2): Term of Office

Defines the term of six years or age limits (65 for Union, 62 for States), ensuring systematic turnover.

Historical Significance:

The amendments to Article 316 reflect India’s evolving administrative needs, allowing Public Service Commissions to function efficiently.