Part XIV: Services under the Union and States

Article 323: Reports of Public Service Commissions

Overview of Article 323

Original Article:

(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.

Explanations:

Article 323 mandates annual reporting by the Union and State Public Service Commissions to ensure transparency and accountability in their operations. The reports must document their activities, including instances where their advice was not followed, along with justifications for such deviations.

Clause-by-Clause Explanation:

Clause (1): Reporting by the Union Public Service Commission

The UPSC is required to submit an annual report to the President. The report, along with reasons for any non-acceptance of the Commission’s advice, must be presented before Parliament, ensuring legislative oversight.

Clause (2): Reporting by State and Joint Public Service Commissions

State and Joint Public Service Commissions must submit annual reports to their respective Governors. These reports, including explanations for non-acceptance of advice, must be laid before the State Legislatures.

Historical Significance:

Article 323 reinforces accountability and legislative oversight of Public Service Commissions, ensuring their actions align with public and constitutional expectations.

Frequently Asked Questions (FAQs):

What is the purpose of annual reports by Public Service Commissions?

The reports ensure transparency, documenting the commissions’ activities and reasons for any non-acceptance of their advice.

Who receives the annual report from the UPSC?

The UPSC submits its annual report to the President, who then presents it to Parliament.

What happens if a State Commission’s advice is not accepted?

The Governor must include an explanation for non-acceptance when presenting the report to the State Legislature.