Article 321

Article 321 of the Constitution of India empowers Parliament and the State Legislatures to confer additional functions on the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs) beyond those originally laid down in the Constitution. This provision ensures that the Commissions can be entrusted with new responsibilities as administrative and governance needs evolve, maintaining their central role in the recruitment and management of public services in India.

Constitutional Context and Purpose

The Public Service Commissions, established under Article 315, are independent constitutional authorities responsible for ensuring merit-based recruitment and advisory oversight in civil service matters. Article 321 complements these provisions by enabling legislative flexibility—allowing Parliament and State Legislatures to expand the scope of the Commissions’ functions beyond their constitutionally mandated roles under Article 320.
The provision reflects the framers’ intent to create a dynamic and adaptable constitutional mechanism capable of meeting the growing complexity of modern administration.

Text of Article 321

“An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.”

Key Provisions and Scope

1. Power of Parliament and State Legislatures

• Parliament may assign additional functions to the UPSC concerning:
  • Union Government services,
  • Services of local authorities,
  • Bodies corporate constituted by law (such as statutory corporations), and
  • Other public institutions.
• Similarly, a State Legislature may assign additional functions to its State Public Service Commission (SPSC) concerning:
  • Services under the State Government,
  • Local authorities and public bodies operating under State law, and
  • Other institutions established by State legislation.

This provision enables the extension of PSCs’ jurisdiction to semi-government, public sector, and autonomous institutions, thus ensuring consistency and transparency in recruitment processes across the public domain.

2. Federal Safeguard and Consent of the President

When a State Legislature passes a law under Article 321 to extend the functions of a State Public Service Commission, it cannot apply those extended functions to persons outside the State service (e.g., central government employees) without the President’s consent.
This safeguard serves two important purposes:

• It maintains the federal balance between the Union and the States.
• It prevents any overlapping or conflict of jurisdiction between the UPSC and the State Commissions.

3. Scope of Extended Functions

The functions extended under Article 321 may relate to:

• Recruitment to services and posts outside the regular civil services, such as in autonomous bodies or local institutions.
• Advisory roles in appointments, promotions, or disciplinary matters for semi-government organisations.
• Consultations on service regulations, pay structures, or pension matters in public institutions.

Through this flexibility, Public Service Commissions can support modern governance reforms and institutional expansion within the framework of constitutional oversight.

Legislative Framework and Examples

In practice, several State Legislatures and the Union Parliament have utilised Article 321 to assign new responsibilities to PSCs. Examples include:

• The UPSC conducting recruitment for public sector undertakings (PSUs), autonomous bodies, or statutory commissions when requested.
• State PSCs managing recruitment for municipal corporations, state universities, or development authorities under State laws.

These legislative actions have enhanced administrative efficiency by integrating professional recruitment standards into a broader range of public sector employment.

Judicial Interpretation and Key Cases

Judicial pronouncements have helped clarify the extent and constitutional validity of the powers conferred under Article 321.

• K. K. Verma v. Union of India (1954): The Supreme Court upheld the legislative competence of Parliament to extend the functions of the UPSC under Article 321. It held that this provision ensures that the Commission’s expertise can be utilised across diverse administrative domains.
• Union Public Service Commission v. S. R. Tiwari (1964): The Court recognised that the UPSC’s functions under Article 321 could include special recruitment and selection responsibilities assigned by Parliament or State Legislatures, provided they are consistent with constitutional principles.
• State of U.P. v. Rajendra Singh (2009): The Supreme Court reaffirmed that Article 321 offers administrative flexibility to extend the PSCs’ jurisdiction but cautioned that the autonomy of the Commissions must not be compromised in the process.

These judgments collectively affirm that Article 321 is both enabling and protective, allowing functional expansion while preserving constitutional independence.

Significance of Article 321

Article 321 serves several vital constitutional and administrative purposes:

1. Flexibility in Governance: It enables Parliament and State Legislatures to adapt the Commissions’ roles to evolving administrative demands.
2. Broader Public Accountability: By extending PSC functions to public institutions and local bodies, it promotes fairness and transparency in recruitment across a wider range of public services.
3. Utilisation of Expertise: The Commissions’ experience in recruitment and evaluation can be leveraged for improving selection standards in semi-government and public sector entities.
4. Administrative Efficiency: It helps standardise recruitment and service procedures, reducing redundancy and improving coordination between government agencies.
5. Federal Balance: The requirement for Presidential consent ensures that States cannot extend their Commission’s powers into Union domains, thereby maintaining constitutional harmony.

Relationship with Other Constitutional Provisions

Article 321 complements and extends the scope of earlier provisions relating to Public Service Commissions:

• Article 315: Establishes the UPSC and SPSCs.
• Article 316: Deals with appointment and tenure of Commission members.
• Article 317: Provides for removal and suspension of members.
• Article 318: Empowers the President or Governor to regulate service conditions of Commission members.
• Article 320: Lists the functions of PSCs in recruitment, promotions, and disciplinary matters.

Together, Articles 315 to 321 form a comprehensive constitutional framework ensuring independent, merit-based, and flexible recruitment to public services.

Comparative Perspective

The principle of extending PSC functions under Article 321 aligns with international administrative practices where civil service commissions or recruitment boards perform both statutory and advisory roles across public institutions. In India, this has allowed the UPSC and State PSCs to evolve from mere recruitment agencies into multifunctional advisory institutions supporting governance reforms.

Contemporary Relevance

In the present administrative landscape, Article 321 continues to be relevant for:

• Managing the recruitment needs of autonomous agencies and public enterprises;
• Ensuring consistent standards in personnel management across expanding sectors of governance; and
• Facilitating federal cooperation between the Union and States through shared recruitment mechanisms.

With the increasing complexity of government administration and the rise of quasi-government bodies, Article 321 provides the constitutional flexibility needed to adapt to new challenges while maintaining the integrity and independence of the Public Service Commissions.