Article 318

Article 318 of the Constitution of India empowers the President and the Governors of States to frame regulations governing the composition, number of members, and service conditions of the Public Service Commissions (PSCs) at the Union and State levels. This provision serves as a constitutional instrument for defining the administrative structure and ensuring the functional independence of these Commissions.
By granting this regulatory power, Article 318 ensures that the Public Service Commissions—established under Article 315—operate efficiently while remaining insulated from arbitrary political or administrative influence.

Constitutional Objective and Purpose

The primary objective of Article 318 is to provide a flexible regulatory framework for the functioning of the Public Service Commissions (UPSC and State PSCs) without requiring frequent legislative amendments. It enables the President and the Governors to:

• Determine the composition and internal organisation of the Commissions;
• Prescribe the service conditions for members and staff; and
• Maintain the independence and stability of these bodies through protective clauses.

The framers of the Constitution deliberately vested this power in the executive head of the Union and States, rather than in the legislature, to ensure administrative expediency and continuity of governance.

Text of Article 318

“In the case of the Union Commission or a Joint Commission, the President, and in the case of a State Commission, the Governor of the State may—(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.”

Key Provisions and Scope of Article 318

1. Regulatory Authority:
   • The President has the power to make regulations concerning the Union Public Service Commission (UPSC) and Joint State Public Service Commissions (JSPSCs).
   • The Governor exercises similar powers for the State Public Service Commissions (SPSCs).
2. Determination of Composition:
   • The President or Governor determines the number of members constituting the Commission.
   • This ensures administrative flexibility, allowing adjustments based on the volume of work, size of the civil services, and regional needs.
3. Service Conditions of Members:
   • The power includes the ability to prescribe terms such as salary, allowances, leave, pension, and other benefits.
   • However, these service conditions must remain consistent with constitutional principles of fairness and non-discrimination.
4. Staff Regulations:
   • The President or Governor can decide the number of staff employed by the Commission and frame rules governing their service conditions.
   • This includes administrative staff, examination officers, and support personnel essential for the Commission’s smooth functioning.
5. Protection of Service Conditions:
   • The proviso to Article 318 guarantees that once a member is appointed, their service conditions cannot be altered to their disadvantage.
   • This clause is crucial in maintaining the independence and impartiality of the Commission’s members.
   • It prevents the executive from reducing salaries, altering benefits, or imposing adverse changes as a form of retaliation or pressure.

Relationship with Other Constitutional Provisions

Article 318 must be read in conjunction with other related provisions that collectively define the constitutional status of the Public Service Commissions:

• Article 315: Establishes Public Service Commissions for the Union and the States.
• Article 316: Provides for the appointment and term of office of members.
• Article 317: Lays down the process for removal and suspension of members, ensuring security of tenure.
• Article 319: Imposes restrictions on future employment of members to prevent conflicts of interest.
• Article 320: Enumerates the functions of the Commissions.

Together, these provisions uphold the principles of independence, neutrality, and accountability in the functioning of the PSCs.

Legal and Constitutional Significance

1. Institutional Autonomy:
   • Article 318 empowers the executive head (President or Governor) to regulate the Commission’s internal affairs independently of the political executive.
   • This autonomy enhances the credibility and integrity of the recruitment process.
2. Functional Flexibility:
   • It allows the number of members and staff to be adapted according to administrative demands without the need for constitutional amendments or parliamentary procedures.
3. Security of Tenure:
   • The protection clause against disadvantageous changes in service conditions ensures that members can perform their duties without fear of executive reprisal.
4. Accountability and Regulation:
   • Though autonomous, the PSCs operate within the regulatory framework established by the President or Governors, ensuring accountability in their administrative and financial functioning.

Judicial Interpretation and Case Laws

The judiciary has consistently reinforced the spirit of independence and fairness embedded in Article 318 through various judgments:

• K. K. Verma v. Union of India (1954): The Supreme Court examined the scope of Article 318 and held that the power conferred on the President or Governor is constitutional in nature and must be exercised in good faith to uphold the integrity of the Commission.
• Union of India v. S. K. Sharma (1990): The Court stressed that any change in service conditions of Commission members after appointment that disadvantages them would be unconstitutional.
• State of U.P. v. Rajendra Singh (2009): The Supreme Court reiterated that the Governor’s power under Article 318 must align with constitutional principles of fairness and reasonableness, especially in determining the service conditions of members and staff.

Through these rulings, the judiciary has maintained that regulations framed under Article 318 must be consistent with constitutional safeguards and cannot be used to undermine the autonomy of the Public Service Commissions.

Administrative and Practical Implications

1. Framework for Governance:
   • The regulations framed under Article 318 provide the administrative backbone for the functioning of UPSC and State PSCs, governing their structure, staffing, and operations.
2. Discretionary Authority:
   • The President and Governors exercise broad discretion, but this must be tempered by constitutional morality and the principle of non-interference in the Commissions’ core functions.
3. Balance of Power:
   • Article 318 strikes a balance between executive authority (to make regulations) and institutional independence (through service protections and security of tenure).
4. Transparency and Efficiency:
   • Regulations framed under this Article are expected to adhere to natural justice, transparency, and administrative efficiency, ensuring public confidence in the PSC system.

Comparison with Similar Constitutional Provisions

The protection granted to PSC members under Article 318 is comparable to the safeguards extended to other constitutional authorities, such as:

This similarity demonstrates the framers’ intent to preserve institutional independence across all constitutional offices vital to democratic governance.

Contemporary Relevance

In modern governance, Article 318 remains significant for several reasons:

• It ensures that the Union Public Service Commission (UPSC) and State PSCs continue to operate autonomously.
• With increasing administrative responsibilities and expanding recruitment needs, the Article allows regulatory adaptability.
• It serves as a constitutional model for maintaining independence while ensuring accountability and efficiency in public recruitment systems.

Recent discussions about reforms in PSC operations—including greater transparency, digital recruitment processes, and uniform service standards—continue to rely on the enabling powers conferred by Article 318.