Part XIV: Services under the Union and States

Article 319: Prohibition as to the Holding of Offices by Members of Commission

Overview of Article 319

Original Article:

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 eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of 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;
  • (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 or any other member 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.

Explanations:

Article 319 establishes restrictions on further government employment for members of Public Service Commissions after their tenure, ensuring independence and impartiality in their roles. These provisions aim to prevent conflicts of interest and maintain the integrity of these constitutional bodies.

Clause-by-Clause Explanation:

Clause (a): UPSC Chairman Ineligibility

Prohibits the Chairman of the Union Public Service Commission from taking up any further government employment, ensuring complete independence.

Clause (b): State PSC Chairman Eligibility

Allows State PSC Chairmen to be appointed to the UPSC or another State PSC but bars other government roles to avoid potential conflicts of interest.

Clause (c): UPSC Members’ Eligibility

Permits members of the UPSC (excluding the Chairman) to become Chairmen of the UPSC or State PSCs, maintaining career progression within Public Service Commissions.

Clause (d): State PSC Members’ Eligibility

Allows State PSC members (excluding the Chairman) to take up roles in the UPSC or another PSC, ensuring mobility within the commissions.

Historical Significance:

The framers of the Constitution envisioned these restrictions to preserve the independence of Public Service Commissions and prevent undue influence on their functioning.

Frequently Asked Questions (FAQs):

Why can’t UPSC Chairmen take up further government roles?

To ensure impartiality and prevent conflicts of interest, UPSC Chairmen are barred from further government employment.

Can State PSC members join the UPSC?

Yes, State PSC members are eligible for appointment to the UPSC as members or Chairmen.

What is the purpose of Article 319?

Article 319 ensures the independence of Public Service Commission members by restricting post-tenure government employment.