Article 316

Article 316 of the Constitution of India outlines the provisions governing the appointment, qualifications, term, and resignation of the members of the Public Service Commissions (PSCs)—both at the Union and State levels. The Article ensures that these constitutional bodies, which play a vital role in maintaining fairness and meritocracy in public recruitment, are composed of qualified, experienced, and independent individuals.
By prescribing a fixed tenure and clear eligibility criteria, Article 316 safeguards the autonomy and integrity of the Union Public Service Commission (UPSC), the State Public Service Commissions (SPSCs), and any Joint State Public Service Commissions (JSPSCs) created under Article 315.

Constitutional Context and Objective

The framers of the Constitution envisaged the Public Service Commissions as independent institutions free from political or executive influence. To achieve this, Article 316 provides for:

• A secure tenure for members, preventing arbitrary removal;
• Eligibility based on prior administrative experience, ensuring competence; and
• Uniformity of appointment procedures across the Union and States.

This structure ensures that the PSCs function as neutral recruiting authorities, maintaining transparency, impartiality, and efficiency in civil service recruitment.

Text and Key Provisions of Article 316

Article 316 states:
(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.
(1A) 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 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.
(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 sixty years, whichever is earlier.
(3) 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.
(4) 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.

1. Authority for Appointment

• For the Union Public Service Commission (UPSC) and Joint State Public Service Commissions (JSPSC), members (including the Chairman) are appointed by the President of India.
• For State Public Service Commissions (SPSCs), appointments are made by the Governor of the respective State.

This system preserves the federal balance while ensuring the autonomy of the commissions from the executive governments they serve.

2. Qualification and Experience Requirement

Under Article 316(1A), at least half of the members of every Public Service Commission must have held office for at least ten years under the Government of India or a State Government.

• This provision ensures that the Commissions include members with substantial administrative experience.
• The tenure of service under the British Crown or Indian princely states before independence is also recognised towards this requirement.

The inclusion of experienced civil servants ensures that the commissions benefit from a deep understanding of government procedures, personnel management, and administrative ethics.

3. Term of Office

The term of office of a Public Service Commission member is governed by Article 316(2):

• Tenure: Members serve for a fixed term of six years from the date they assume office.
• Age Limit:
  • For members of the UPSC and Joint Commissions – up to 65 years of age.
  • For members of State Commissions – up to 60 years of age.

If a member reaches the age limit before completing the six-year term, their tenure ends on attaining the prescribed age. This dual limit ensures both security of tenure and timely rotation in the composition of commissions.

4. Resignation

Under Article 316(3):

• A member of the UPSC or Joint State Commission may resign by writing to the President of India.
• A member of a State Commission may resign by writing to the Governor of the State.

This procedure guarantees a formal and transparent process for relinquishing office.

5. Removal of Members

Article 316(4) stipulates that a member may be removed only in accordance with Article 317, which lays down detailed grounds and procedures for removal. These include:

• Misbehaviour or incapacity, established through an inquiry by the Supreme Court (Article 317(1)); or
• Grounds specified in Article 317(3), such as insolvency, paid employment outside the office’s duties, or engagement in activities detrimental to the Commission’s independence.

This process provides protection against arbitrary removal, safeguarding the independence of the Commission’s members.

6. Judicial Interpretations and Key Case Laws

The courts have, through several rulings, clarified the operation and intent of Article 316:

• K. K. Verma v. Union of India (1954): The Supreme Court held that the constitutional requirement for administrative experience ensures the presence of members who understand the intricacies of public administration and governance.
• Union Public Service Commission v. S. R. Tiwari (1964): The Court observed that the Public Service Commission’s powers and functions are integral to maintaining fair recruitment and that its independence is reinforced by the appointment and tenure safeguards under Article 316.
• State of U.P. v. Rajendra Singh (2009): The Supreme Court emphasised that appointments and removals must strictly follow constitutional provisions to preserve institutional independence.

These judgments reaffirm that Article 316 is central to the autonomy, credibility, and accountability of the Public Service Commissions.

7. Significance of Article 316

Article 316 performs several critical functions within the constitutional scheme:

• Ensures Qualified Membership: By mandating administrative experience, it guarantees that commissions are led by competent professionals familiar with governance.
• Promotes Independence: Fixed tenure and removal safeguards protect members from political or executive pressures.
• Maintains Continuity: Uniform appointment procedures ensure coordination between the Union and States.
• Enhances Public Trust: Transparent processes of selection, tenure, and resignation foster confidence in the fairness of public recruitment.

These provisions collectively uphold the constitutional integrity of the recruitment system for public services in India.

8. Relationship with Other Articles

• Article 315: Establishes the Public Service Commissions for the Union and States.
• Article 317: Provides for the removal and suspension of members.
• Article 318: Authorises the President or Governor to determine service conditions of members through regulations.
• Article 319: Restricts members from accepting further government employment after ceasing office.

Together, these Articles form the institutional framework ensuring the independence, stability, and accountability of Public Service Commissions.

9. Contemporary Relevance and Challenges

Despite clear constitutional provisions, Public Service Commissions face modern administrative challenges, including:

• Delays in appointments of Commission members, leading to vacancies.
• Concerns over political influence in appointments.
• Demand for reforms to enhance transparency, merit-based selection, and gender diversity in composition.

There is growing emphasis on strengthening selection processes for Commission members through independent search committees and greater parliamentary oversight.

10. Key Terms

• Public Service Commission (PSC): A constitutional body responsible for conducting examinations and recruitment for civil services at the Union or State level.
• Tenure: The fixed term of service of a Commission member, ensuring stability and independence.
• Resignation: A voluntary act of relinquishing office through formal communication with the appointing authority.