Part XXI: Temporary, Transitional and Special Provisions

Article 378: Provisions as to Public Service Commissions

Original Article:

(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

(2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

Explanations:

Article 378 facilitates the transition and continuity of Public Service Commissions, ensuring experienced members remain in service during India’s shift to a constitutional framework.

Clause-by-Clause Explanation:

Clause (1): Transition of Dominion PSC Members

Members of the Dominion PSC transition to the Union PSC, retaining their original terms of service under pre-Constitution rules.

Clause (2): Transition of Provincial PSC Members

Provincial PSC members join corresponding State or Joint State PSCs, ensuring uninterrupted governance and recruitment processes.

Historical Significance:

Article 378 underscores the importance of preserving institutional continuity in public administration, reflecting the foresight of the Constitution’s framers during India’s transition to independence.

Real-life Examples:

The seamless transition of members from the Dominion PSC to the UPSC ensured uninterrupted recruitment for central services post-independence.