Part XIV: Services under the Union and States

Article 317: Removal and Suspension of Members

Original Article:

(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—

• (a) is adjudged an insolvent; or
• (b) engages during his term of office in any paid employment outside the duties of his office; or
• (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehavior.

Explanations:

Article 317 ensures the integrity of Public Service Commissions by establishing robust procedures for the removal or suspension of members, safeguarding the public interest, and maintaining high ethical standards within these commissions.

Clause-by-Clause Explanation:

Clause (1): Grounds and Process for Removal

The President may remove a member on the ground of misbehavior, but only after the Supreme Court conducts an inquiry and reports in favor of removal.

Clause (2): Authority to Suspend

Allows suspension of a member during an inquiry to prevent undue influence, ensuring a fair investigation process.

Clause (3): Direct Removal Grounds

Provides for direct removal by the President in cases of insolvency, outside employment, or physical/mental incapacity.

Clause (4): Conflict of Interest

Deems any member engaged in government contracts or financial benefits as guilty of misbehavior, warranting removal.

Historical Significance:

This article underlines the importance of maintaining ethical conduct and impartiality among commission members, reinforcing public trust in recruitment processes.