PUBLIC SERVICE COMMISSIONS

Exploring Public Service Commissions:

A Key Element of Part XIV and Chapter II

Article: 315. Public Service Commissions for the Union and for the States.

(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.

(4) The Public Service Commission for the Union, if requested so to do by the Governor (The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)) of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

Explanation

Article 315 of the Indian Constitution establishes the framework for the creation and functioning of Public Service Commissions for both the Union and the States. This article plays a crucial role in ensuring the recruitment and administration of civil servants in a fair and systematic manner.

Explanation of Article 315:

Establishment of Public Service Commissions: Article 315(1) states that there shall be a Public Service Commission for the Union and a Public Service Commission for each State. This provision sets the foundation for the existence of these commissions at both the central (Union) and state levels.

Joint State Public Service Commissions: Article 315(2) allows two or more States to come to an agreement to have a single Public Service Commission to serve the recruitment needs of those States. When such an agreement is reached and passed as a resolution by the respective legislatures of the involved States, Parliament has the authority to enact a law for the establishment of a Joint State Public Service Commission (often referred to as a Joint Commission).

Legislative Provisions: Article 315(3) empowers Parliament to enact laws related to Public Service Commissions. These laws can include incidental and consequential provisions necessary to fulfill the objectives of the law. Essentially, this allows for the creation of detailed rules and procedures governing the functioning of these commissions.

Service of Union Public Service Commission for States: Article 315(4) permits the Union Public Service Commission (UPSC) to serve the needs of a State upon the request of the State's Governor (previously, it also included the term "Rajpramukh" before being omitted by the Constitution (Seventh Amendment) Act, 1956). However, this can only be done with the approval of the President. This provision allows for flexibility in certain situations where a State may require the assistance of the UPSC.

Interpretation of References: Article 315(5) clarifies that when the Indian Constitution makes references to the Union Public Service Commission or a State Public Service Commission, unless the context suggests otherwise, these references should be understood in relation to the commission serving the recruitment needs of either the Union or the State for the specific matter under consideration.

In summary, Article 315 outlines the establishment and functioning of Public Service Commissions at both the Union and State levels. It also provides provisions for the creation of Joint State Public Service Commissions and allows for the UPSC to assist States when requested. This article ensures that the recruitment and administration of civil services in India are carried out systematically and in accordance with constitutional principles.

Article: 316. Appointment and term of office of members.

(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. (Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963)) [(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 ( Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for "sixty years (w.e.f. 7-9-1976))[sixty-two years], whichever is earlier: Provided that—

(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 (The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).) 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 re-appointment to that office.

Explanation

Article 316 of the Indian Constitution addresses the appointment and term of office of members of Public Service Commissions. Public Service Commissions are responsible for overseeing the recruitment and administration of civil services, both at the Union and State levels. This article outlines the procedures for appointing commission members and the conditions governing their tenure.

Explanation of Article 316:

Appointment by the President and Governors: Article 316(1) specifies that the Chairman and other members of a Public Service Commission are appointed by different authorities depending on whether it is the Union Commission, a Joint Commission, or a State Commission. The President appoints members of the Union Commission and Joint Commission, while the Governor of a State appoints members of a State Commission.

Qualifications for Members: Article 316(1) includes a proviso that mandates that approximately one-half of the members of every Public Service Commission must have at least ten years of prior experience in government service, either under the Government of India or under a State government. This requirement ensures that experienced individuals are involved in the functioning of the commissions.

Temporary Duties of Chairman: Article 316(1A) outlines that in case the Chairman's position becomes vacant or if the Chairman is temporarily unable to perform their duties due to absence or other reasons, another member of the Commission can be temporarily designated by the President (for the Union Commission or Joint Commission) or the Governor (for a State Commission) to perform the Chairman's duties until the Chairman resumes office or a new Chairman is appointed.

Term of Office: Article 316(2) specifies that a member of a Public Service Commission holds office for a term of six years from the date they assume office. However, the age of retirement for members varies based on the type of commission:

For the Union Commission, members can serve until the age of sixty-five.

For State Commissions and Joint Commissions, members can serve until the age of sixty-two, whichever comes earlier.

Resignation and Removal: Article 316(2) includes provisions for members to resign from their positions by submitting a written resignation to the appropriate authority. Article 316(2) also references Article 317 for the procedure for removing a member from their office.

Ineligibility for Reappointment: Article 316(3) stipulates that a person who has completed their term as a member of a Public Service Commission is ineligible for reappointment to the same office. This ensures that there is no undue concentration of power within the commission.

In summary, Article 316 lays out the procedures for appointing members to Public Service Commissions, their qualifications, the terms of their office, and the conditions for resignation and removal. It plays a crucial role in ensuring the transparency and independence of these commissions in the recruitment and administration of civil services in India.

Article: 317. Removal and suspension of a member of a Public Service Commission.

(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 misbehaviour 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 1*** 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 misbehaviour.

Explanation

Article 317 of the Indian Constitution deals with the removal and suspension of a member of a Public Service Commission, be it the Union Commission, a Joint Commission, or a State Commission. This article establishes the procedures and grounds for the removal and suspension of commission members to ensure their accountability and the integrity of the commission's functioning.

Explanation of Article 317:

Grounds for Removal on Misbehavior: Article 317(1) specifies that a Chairman or any other member of a Public Service Commission can only be removed from office by order of the President (in the case of the Union Commission or Joint Commission) or the Governor (in the case of a State Commission) on the grounds of "misbehavior." Misbehavior is a serious charge, and its determination requires due process.

Role of the Supreme Court: Article 317(1) also establishes a critical role for the Supreme Court in the removal process. It states that the removal of a Chairman or member can only occur after the Supreme Court, upon reference made by the President or Governor, conducts an inquiry and reports on whether the individual should be removed based on misbehavior.

Suspension Pending Inquiry: Article 317(2) allows the President (in the case of the Union Commission or Joint Commission) or the Governor (in the case of a State Commission) to suspend a Chairman or member from office in cases where a reference has been made to the Supreme Court under clause (1). This suspension can be in effect until the President receives the report of the Supreme Court and makes a decision based on that report.

Grounds for Removal Beyond Misbehavior: Article 317(3) outlines specific additional grounds for the removal of a Chairman or member from a Public Service Commission. These include:

-Adjudication as an insolvent.

-Engagement in paid employment outside the duties of the office.

-Unfitness to continue in office due to mental or physical infirmity, as determined by the President.

Misbehavior in Relation to Contracts: Article 317(4) extends the definition of misbehavior to include situations where a Chairman or member becomes concerned or interested in any contract or agreement made by or on behalf of the Government of India or a State government, or participates in any way in the profit, benefit, or emolument arising from such contracts, except when participating as a member of an incorporated company along with others. In such cases, they are deemed guilty of misbehavior.

In summary, Article 317 establishes the mechanisms for the removal and suspension of Chairman and members of Public Service Commissions, ensuring accountability and maintaining the integrity of these crucial bodies responsible for recruitment and administration of civil services. Removal can occur based on misbehavior, as determined by the Supreme Court, or on other grounds specified in the article.

Article: 318. Power to make regulations as to conditions of service of members and staff of the Commission.

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor ( The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)) of the State may by regulations -

(a) determine the number of members of the Commission and their conditions of service; and

(b) make provision with respect to the number of members of the staff of the Commission and their conditions of service: Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

Explanation

Article 318 of the Indian Constitution pertains to the power to make regulations regarding the conditions of service of members and staff of Public Service Commissions. This article provides the President (for the Union Commission or Joint Commission) and the Governor (for a State Commission) with the authority to establish regulations governing various aspects of the commission's functioning.

Explanation of Article 318:

Determination of Conditions of Service: Article 318 empowers the President and the Governor to establish regulations regarding the conditions of service for both members and staff of the Public Service Commissions.

Under this provision, they have the authority to determine the number of members of the commission and specify the conditions under which they serve.

Regulations for Commission Staff: In addition to regulating the conditions of service for members, Article 318 also allows the President and the Governor to make provisions for the number of members of the commission's staff and to define their conditions of service.

Protection Against Disadvantageous Changes: A significant safeguard provided in Article 318 is the proviso that stipulates that the conditions of service of a member of a Public Service Commission cannot be altered to their disadvantage after their appointment. This provision ensures that once members are appointed, their terms and conditions of service remain consistent and cannot be altered in a manner that harms their interests.

In summary, Article 318 grants the President and Governors the authority to establish regulations governing the conditions of service for both members and staff of Public Service Commissions. These regulations are essential to maintaining the functioning, independence, and effectiveness of these commissions, which play a critical role in the recruitment and administration of civil services at both the Union and State levels in India.

Article: 319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

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 UnionPublic 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.

Explanation

Article 319 of the Indian Constitution outlines the rules and prohibitions regarding the holding of offices by members of Public Service Commissions after they cease to be members. This article sets forth specific conditions and restrictions on their eligibility for further employment in government positions at various levels.

Explanation of Article 319:

Ineligibility of the Chairman of the Union Public Service Commission (UPSC): According to Article 319(a), the Chairman of the Union Public Service Commission becomes ineligible for further employment either under the Government of India or under the Government of any State after ceasing to hold office as the Chairman of the UPSC. In other words, they cannot take up any government employment at the central or state level.

Eligibility of the Chairman of a State Public Service Commission (SPSC): Article 319(b) states that the Chairman of a State Public Service Commission is eligible for appointment as the Chairman or any other member of the Union Public Service Commission (UPSC) or as the Chairman of any other State Public Service Commission. However, they are not eligible for any other employment under the Government of India or any State government.

Eligibility of a Member of the UPSC: According to Article 319(c), a member (other than the Chairman) of the Union Public Service Commission is eligible for appointment as the Chairman of the UPSC or as the Chairman of a State Public Service Commission. Similar to the Chairman, they are not eligible for any other employment under the Government of India or any State government.

Eligibility of a Member of a State Public Service Commission: Article 319(d) specifies that a member (other than the Chairman) of a State Public Service Commission is 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. Like their counterparts in the UPSC, they are not eligible for any other employment under the Government of India or any State government.

In essence, Article 319 lays out the post-service employment restrictions for members and chairpersons of Public Service Commissions, ensuring that they do not take up any government positions that could compromise their independence and integrity or create conflicts of interest in the recruitment and administration of civil services.

Article: 320. Functions of Public Service Commissions.

(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted—

(a) on all matters relating to methods of recruitment to civil services and for civil posts;

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;

(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;

(d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;

(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor (The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)) of the State, may refer to them: Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor (The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid. (w.e.f. 1-11-1956).), as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.

(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335.

(5) All regulations made under the proviso to clause (3) by the President or the Governor (The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)) of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.

Explanation

Article 320 of the Indian Constitution outlines the functions and duties of Public Service Commissions, both at the Union and State levels. These commissions play a vital role in the recruitment and administration of civil services in India.

Explanation of Article 320:

Conducting Examinations: Article 320(1) states that it is the primary duty of the Union and State Public Service Commissions to conduct examinations for appointments to the services of the Union (central government) and the services of the respective States.

Assisting in Joint Recruitment Schemes: Article 320(2) empowers the Union Public Service Commission (UPSC) to assist two or more States in framing and operating schemes of joint recruitment for services requiring candidates with special qualifications. This provision allows for collaboration in recruitment efforts when necessary.

Consultation on Various Matters: Article 320(3) mandates that the Union and State Public Service Commissions should be consulted on several matters related to civil services and posts, including:

-Methods of recruitment.

-Principles for appointments, promotions, and transfers.

-Suitability of candidates for appointments, promotions, or transfers.

-Disciplinary matters affecting government employees.

-Claims for the reimbursement of legal defense costs incurred during legal proceedings related to official duties.

-Claims for pensions related to injuries sustained while serving in a civil capacity.

Exceptions to Consultation: Article 320(3) also includes a provision that allows the President (for Union services) and the Governor (for State services) to make regulations specifying cases in which it is not necessary to consult the Public Service Commission. This provision provides flexibility for certain types of appointments and circumstances.

Limits on Consultation: Article 320(4) clarifies that the Public Service Commissions are not required to be consulted regarding the manner in which provisions mentioned in Article 16(4) are made or how the provisions of Article 335 are implemented. These articles pertain to reservations for Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes.

Legislative Oversight: Article 320(5) mandates that any regulations made under the proviso to clause (3) by the President or the Governor of a State must be presented before the respective legislative bodies (Parliament or State Legislature) for review. These regulations are subject to potential modifications, including repeal or amendment, by the legislative bodies during the session in which they are presented.

In essence, Article 320 establishes the critical role of Public Service Commissions in conducting examinations and advising on various matters related to civil services, ensuring transparency and fairness in recruitment and administration. It also allows for exceptions and legislative oversight to maintain flexibility and accountability.

Article: 321. Power to extend functions of Public Service Commissions.

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

Explanation

Article 321 of the Indian Constitution grants the power to extend the functions of Public Service Commissions, both at the Union and State levels. This article allows Parliament or the Legislature of a State to pass an Act that provides for the exercise of additional functions by the Union Public Service Commission (UPSC) or the State Public Service Commission (SPSC) in several areas.

Explanation of Article 321:

Additional Functions for UPSC and SPSC: Article 321 authorizes Parliament (for the Union) and the State Legislature (for the State) to enact legislation that grants the Union Public Service Commission or the State Public Service Commission the authority to perform additional functions beyond their existing duties.

Scope of Additional Functions: These additional functions can relate to various aspects, including:

Services of the Union or the State: This covers extending the commissions' roles in matters concerning the recruitment and administration of civil services at the central or state level.

Services of Local Authorities: It allows for involvement in recruitment and administrative matters related to local government bodies, such as municipalities and panchayats.

Other Bodies Corporate: This pertains to extending their functions to entities constituted by law, such as public-sector enterprises.

Public Institutions: It encompasses involvement in the recruitment and administration of public institutions, such as universities, research institutions, and other government-funded bodies.

Legislative Authority: The power to extend the functions of UPSC and SPSC is granted through an Act of Parliament (for the Union) or the Legislature of a State (for the State). This means that the legislative bodies must pass a law specifying the additional functions, powers, and responsibilities granted to the respective commissions.

In summary, Article 321 allows for the expansion of the roles and functions of the Union Public Service Commission and State Public Service Commissions through legislation enacted by Parliament or the State Legislature. This provision provides flexibility in adapting the responsibilities of these commissions to changing needs and circumstances within the Union, State, and other relevant entities.

Article: 322. Expenses of Public Service Commissions.

The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

Explanation

Article 322 of the Indian Constitution addresses the financial aspects of Public Service Commissions, both at the Union and State levels. This article specifies how the expenses incurred by these commissions, including salaries, allowances, and pensions for their members and staff, are to be funded.

Explanation of Article 322:

Expenses Covered: Article 322 states that the expenses of the Union or State Public Service Commission are to be covered. These expenses encompass various costs associated with the operation and functioning of the commissions, including the remuneration and retirement benefits of members and staff.

Funding Source: The article stipulates that these expenses shall be charged on the Consolidated Fund of India (for the Union Public Service Commission) or the Consolidated Fund of the State (for State Public Service Commissions). The Consolidated Fund of a government entity is a primary account from which various government expenditures, including salaries and pensions, are met.

In essence, Article 322 ensures that the financial requirements of Public Service Commissions are met by drawing funds directly from the respective Consolidated Funds, guaranteeing financial autonomy and stability for these commissions. This financial independence is essential to maintain their impartiality and effectiveness in overseeing the recruitment and administration of civil services.

Article: 323. Reports of Public Service Commissions.

(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 (The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)) 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 (The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956)) 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 (The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid. (w.e.f. 1-11-1956)), 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.

Explanation

Article 323 of the Indian Constitution outlines the reporting requirements of Public Service Commissions, both at the Union and State levels. These reporting provisions are designed to ensure transparency and accountability in the functioning of these commissions.

Explanation of Article 323:

Reporting by Union Public Service Commission (UPSC): Article 323(1) mandates that it is the duty of the Union Public Service Commission to present an annual report to the President of India. This report is expected to detail the work carried out by the Commission during the preceding year.

Reporting by State Public Service Commissions (SPSCs) and Joint Commissions: Article 323(2) outlines the reporting duties of State Public Service Commissions and Joint Commissions (if applicable) serving multiple States. State Public Service Commissions are required to present an annual report to the Governor of the State. Joint Commissions are to present annual reports to the Governors of each of the States they serve.

Submission of Reports to the Legislature or Parliament: In both cases (Union and State/ Joint Commissions), the respective authorities (the President for UPSC, Governors for SPSCs and Joint Commissions) are responsible for receiving these annual reports. After receiving the reports, they must cause copies of the reports, along with a memorandum explaining any cases where the Commission's advice was not accepted and the reasons for such non-acceptance, to be laid before the appropriate legislative bodies.

Role of Parliament or State Legislature: The reports and accompanying memoranda are to be laid before the Houses of Parliament (in the case of the UPSC) or the State Legislature (in the case of SPSCs and Joint Commissions). This allows for the legislative bodies to review and scrutinize the work of the commissions and understand the rationale behind any instances where the Commission's advice was not accepted.

In essence, Article 323 ensures that Public Service Commissions are accountable for their actions and decisions by requiring them to provide annual reports on their work. These reports, along with explanations for non-acceptance of advice, are then presented to the appropriate legislative bodies for examination and oversight, fostering transparency in the recruitment and administration of civil services.