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Appointment and Term of Members :  Back


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 atleast 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.
    (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 a 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 Sixty - two years whichever is earlier:

    Provided that -

    1. 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 of the State, resign his office;
    2. a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) article 317.
      (3) A person who holds office as member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

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 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 of 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,

    1. is adjudged an insolvent; or
    2. engages during his term of office in any paid employment outside the duties of his office; or
    3. 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.

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Last Update:30-Apr-2019

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