Article 315

Article 315 of the Constitution of India establishes the framework for the creation and functioning of Public Service Commissions (PSCs) at both the Union and State levels. These constitutional bodies play a crucial role in ensuring merit-based recruitment and maintaining the integrity, impartiality, and efficiency of India’s civil services. By providing for independent commissions, the Constitution seeks to insulate public service appointments from political influence and to uphold the principles of fairness and administrative competence.

Constitutional Basis and Objective

The framers of the Constitution, recognising the need for a neutral and professional civil service, incorporated Article 315 within Part XIV (Services under the Union and the States). The provision reflects India’s commitment to a meritocratic and accountable public administration, continuing the institutional tradition established under the Government of India Act, 1935, which first created the Federal and Provincial Public Service Commissions.
The purpose of Article 315 is to:

• Establish independent recruitment agencies for the Union and the States;
• Ensure uniformity in standards of public service examinations and recruitment; and
• Promote administrative efficiency and integrity by reducing arbitrariness in appointments.

Text of Article 315

The Article reads:
“(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 (JSPSC) to serve the needs of those States.(3) Any such law as is referred to in clause (2) may contain such incidental and consequential provisions as may appear necessary or desirable for giving effect to the purposes of that law.(4) The Union Public Service Commission, if requested by the Governor of a State and approved by the President, may assist that State in framing and operating schemes of recruitment or in performing any other function under this Part.”

Structure and Provisions of Article 315

Article 315 provides for three kinds of Public Service Commissions in India:

1. Union Public Service Commission (UPSC) – for the Union or Central Government.
2. State Public Service Commissions (SPSC) – for individual States.
3. Joint State Public Service Commission (JSPSC) – for two or more States, if they choose to share a common commission.

1. Union Public Service Commission (UPSC)

The UPSC is the central constitutional body responsible for recruiting officers to the All-India Services, Central Civil Services, and Defence Services.

• It is established under Article 315(1) for the Union.
• The Chairman and Members of the UPSC are appointed by the President of India under Article 316.
• The Commission enjoys constitutional independence and functions autonomously in discharging its duties.

2. State Public Service Commissions (SPSCs)

Every State in India has its own Public Service Commission, created under Article 315(1).

• The Governor of the State appoints the Chairman and Members of the SPSC.
• The SPSC advises the State Government on recruitment, promotion, transfer, and disciplinary matters concerning State civil services.
• The Commission ensures that recruitment is conducted fairly through competitive examinations or interviews, free from executive interference.

3. Joint State Public Service Commission (JSPSC)

Under Article 315(2), two or more States may agree to establish a Joint State Public Service Commission to serve their common needs.

• Such an arrangement requires a resolution by the legislatures of each participating State.
• The Parliament then enacts a law providing for its establishment, composition, powers, and functions.
• The Chairman and Members of a JSPSC are appointed by the President, and it functions under the overall supervision of the Union Government.

Examples of JSPSCs have been rare in practice, as most States prefer to maintain their own commissions for administrative convenience and local recruitment control.

4. Incidental and Consequential Provisions

Article 315(3) allows Parliament to include in the law creating a JSPSC any incidental or consequential provisions necessary for its effective functioning. This ensures legal clarity regarding administrative arrangements, financial allocation, and jurisdictional powers.

5. Assistance by the UPSC to States

Under Article 315(4), the UPSC can assist a State’s Public Service Commission:

• If requested by the Governor, and
• If such assistance is approved by the President of India.

This provision enables cooperation between the Union and the States, promoting uniform recruitment standards and expertise sharing, particularly in smaller States lacking adequate administrative resources.

Interpretation of References

The references to the “Union Public Service Commission” or “State Public Service Commission” throughout the Constitution are to be understood contextually:

• “Union Commission” refers to the UPSC in matters concerning the central administration.
• “State Commission” refers to the respective State or Joint State Commissions in matters concerning the States.

This ensures consistency and clarity in constitutional interpretation.

Judicial Interpretation and Important Case Laws

Over the years, the judiciary has clarified the powers, functions, and independence of Public Service Commissions under Article 315 and related provisions.

• K. K. Verma v. Union of India (1954): The Supreme Court upheld the constitutional validity of the Public Service Commissions and emphasised their independence from executive control.
• Union Public Service Commission v. S. S. S. S. (2000): The Court reaffirmed that the UPSC must function autonomously, free from interference, and its recommendations should not be disregarded without valid reasons.
• State of U.P. v. Rajendra Singh (2009): The Court clarified that the PSCs play a consultative role; their recommendations are not binding but should ordinarily be accepted unless there are strong reasons to differ.
• State of Gujarat v. M. P. Chauhan (1997): The Court held that the independence of the PSC is integral to ensuring fairness and impartiality in the selection of civil servants.

Significance of Article 315

Article 315 embodies a vital constitutional principle—the independence of the civil services from political influence. The Public Service Commissions serve as guardians of meritocracy in India’s administrative system.
Their significance can be summarised as follows:

• Merit-based Recruitment: Ensures that selection to public services is based on competence rather than patronage.
• Administrative Fairness: Provides impartial evaluation of candidates and advice on service matters.
• Institutional Integrity: Maintains transparency and prevents corruption in recruitment and promotions.
• Federal Cooperation: Facilitates coordination between Union and State recruitment systems.

Composition and Tenure

While Article 315 establishes the existence of the Commissions, the details regarding their composition, tenure, and service conditions are elaborated in Articles 316 to 319:

• Article 316: Appointment and term of office of members.
• Article 317: Removal and suspension of members.
• Article 318: Power to make regulations for service conditions.
• Article 319: Restriction on further employment after ceasing office.

These provisions collectively guarantee the autonomy and independence of the Public Service Commissions.

Challenges and Contemporary Issues

Despite their constitutional status, Public Service Commissions face several challenges:

• Delays in recruitment and examination processes.
• Allegations of corruption or favouritism in selections.
• Inadequate coordination between State and Union Commissions.
• Need for procedural reforms to enhance transparency, efficiency, and use of technology.

Ongoing reforms aim to modernise PSCs through digital recruitment systems, time-bound examinations, and enhanced accountability mechanisms.

Related Constitutional Provisions

• Article 316: Appointment and conditions of service of members.
• Article 317: Removal and suspension of members.
• Article 318: Power to regulate conditions of service.
• Article 319: Restrictions on further employment of members.
• Article 320: Functions of Public Service Commissions.

Together, these provisions constitute a comprehensive constitutional framework for Public Service Commissions in India.