Article 320

Article 320 of the Constitution of India elaborates on the functions and responsibilities of the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs). It defines the scope of their duties in matters related to recruitment, promotion, transfer, and disciplinary control of civil servants. This provision ensures that appointments to public services are conducted in a fair, transparent, and merit-based manner, free from political interference.

Constitutional Context and Objective

The establishment of Public Service Commissions under Article 315 was rooted in the idea of creating independent constitutional bodies responsible for recruiting and managing personnel in public services. Article 320 complements this by assigning specific functions and consultative duties to these Commissions.
Its purpose is to:

• Maintain administrative impartiality in civil service recruitment and management.
• Uphold meritocracy in the selection of candidates for government posts.
• Provide an independent advisory mechanism to safeguard the rights of civil servants.

Thus, Article 320 acts as a cornerstone of India’s constitutional machinery for public service administration.

Text and Structure of Article 320

Article 320 reads:

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. If two or more States request the Union Public Service Commission to assist them in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required, the Commission may, with the approval of the President, undertake the work of such joint recruitment, and any expenses incurred shall be paid by the States concerned in such proportion as may be agreed upon by them.
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;(c) on the suitability of candidates for such appointments, promotions, or transfers;(d) on all disciplinary matters affecting a person serving under the Government in a civil capacity, including memorials or petitions relating to such matters;(e) on any claim by or in respect of a person who is serving or has served under the Government of India or a State Government, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purported to be done in the execution of his duty should be paid out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be;(f) 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 a State Government, in a civil capacity, and any question as to the amount of any such award.
4. The Union Public Service Commission or the State Public Service Commission shall exercise such additional functions as may be provided by Parliament or the Legislature of the State by law in respect of the services of the Union or the State, as the case may be.
5. The President, in the case of the Union Commission, or the Governor, in the case of a State Commission, may make regulations specifying the matters in which, either generally or in any particular circumstances, it shall not be necessary for a Commission to be consulted.
6. Every regulation made under clause (5) shall be laid for not less than fourteen days before each House of Parliament or the State Legislature, and shall be subject to modification or annulment by resolution.

Detailed Explanation of Clauses

Clause (1): Conduct of Examinations

• The primary duty of both the UPSC and the SPSCs is to conduct examinations for recruitment to the civil services of the Union and the States.
• This ensures a uniform, objective, and competitive process for selecting candidates for government posts.
• Examples include the Civil Services Examination conducted by the UPSC and various State Civil Service Examinations conducted by State Commissions.

Clause (2): Joint Recruitment for States

• When two or more States require candidates with specialised qualifications, they may request the UPSC to assist in conducting a joint recruitment process.
• Such recruitment schemes are designed for efficiency and to ensure consistent selection standards across States.
• The President’s approval is mandatory for the UPSC to undertake such functions.

Clause (3): Consultative Role of Public Service Commissions

This clause enumerates the advisory and consultative duties of the PSCs.

(a) Methods of Recruitment

• The Commission must be consulted regarding the procedures and methods used for recruiting to civil services and posts.
• This includes the design of examinations, interview procedures, and assessment standards.

(b) Principles of Appointment, Promotion, and Transfer

• PSCs advise the government on principles governing appointments, promotions, and inter-service transfers.
• The objective is to ensure that all personnel decisions are based on merit and fairness, not political or personal considerations.

(c) Suitability of Candidates

• The Commission evaluates the eligibility and suitability of candidates for appointments, promotions, or transfers to ensure professional competence.

(d) Disciplinary Matters

• The Commission must be consulted on all disciplinary actions affecting civil servants.
• This includes inquiries, penalties, appeals, memorials, and petitions related to disciplinary proceedings.

(e) Legal Cost Claims

• The Commission advises on claims for legal expenses made by civil servants who incur costs in defending themselves in court for acts done in the course of duty.

(f) Injury Pensions and Compensation

• The Commission provides recommendations on pension awards or compensation claims arising from injuries sustained during service.

These functions together create a comprehensive advisory mechanism for the fair treatment of public employees and the effective functioning of the civil service.

Clause (4): Additional Functions

• Parliament or the State Legislature may assign additional responsibilities to the UPSC or State PSCs by law.
• For example, they may be directed to conduct examinations for public sector undertakings or statutory bodies.
• This clause reflects the flexibility of the Constitution in expanding the PSCs’ scope as per administrative needs.

Clause (5): Exemptions from Consultation

• The President (for the UPSC) and the Governor (for SPSCs) have the power to make regulations specifying cases where it is not mandatory to consult the Commission.
• Such regulations ensure administrative efficiency and allow exceptions in special or urgent circumstances.

Clause (6): Legislative Oversight

• Regulations made under clause (5) must be laid before Parliament or the State Legislature for at least 14 days.
• This ensures legislative accountability, as these bodies may modify or annul such regulations by resolution.

Judicial Interpretation and Landmark Cases

• K. K. Verma v. Union of India (1954): The Supreme Court affirmed that while PSCs have an advisory role, their recommendations carry great persuasive value, and deviation from them requires valid justification.
• Union of India v. S. K. Sharma (1990): The Court emphasised that the independence and integrity of PSCs are essential for maintaining public confidence in the recruitment process.
• State of U.P. v. Rajendra Singh (2009): The Court reiterated that consultation with PSCs, especially in recruitment and disciplinary matters, is mandatory, and non-consultation renders the administrative action irregular.

Through these judgments, the Supreme Court has upheld Article 320 as a vital constitutional safeguard against arbitrariness in civil service administration.

Significance of Article 320

1. Guarantees Fair Recruitment: Ensures that recruitment to public services is based on merit and transparency.
2. Strengthens Administrative Efficiency: Provides expert advice on service management, maintaining high professional standards.
3. Protects Civil Servants’ Rights: Offers a neutral advisory mechanism in disciplinary and service-related matters.
4. Promotes Accountability: The requirement for legislative oversight under Clause (6) upholds democratic control over executive regulations.
5. Ensures Institutional Integrity: The Commissions act as constitutional watchdogs, maintaining the independence and credibility of the civil service.

Contemporary Relevance

Article 320 continues to be central to the functioning of India’s recruitment system, ensuring that appointments to public offices are made on the basis of competence, integrity, and equality of opportunity as enshrined in Article 16.
However, modern challenges such as:

• Delays in recruitment processes,
• Backlog of vacancies,
• Technological reforms in examinations, and
• Calls for enhanced transparency

have sparked debates on institutional reforms and the need to strengthen the capacity of both the UPSC and State PSCs.
Despite these challenges, the spirit of Article 320 remains vital for maintaining a neutral, efficient, and trustworthy civil service in a democratic republic.