Article 378

Article 378 of the Constitution of India served as a transitional provision to ensure the uninterrupted functioning of the Public Service Commissions during India’s transformation from British rule to a sovereign democratic republic on 26 January 1950. It preserved administrative stability by safeguarding the service and tenure of existing members of the Public Service Commissions established under the colonial regime, allowing them to continue under the new constitutional framework.

Background and Context

Before the Constitution came into force, the recruitment and management of civil services in India were administered through the Public Service Commission for the Dominion of India and several Provincial Public Service Commissions, functioning under the Government of India Act, 1935. These bodies were responsible for conducting examinations and advising on appointments to government services.
With the adoption of the Constitution, India established the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs) under Articles 315 to 323, to function as independent constitutional authorities ensuring merit-based recruitment to public services.
However, an abrupt termination of existing commissions could have led to a serious administrative gap. Article 378 was therefore enacted to guarantee continuity of these institutions and to integrate them smoothly into the constitutional system.

Scope and Application

Article 378 applied to:

• Members of the Public Service Commission for the Dominion of India (predecessor to the UPSC); and
• Members of Provincial and Joint Public Service Commissions (predecessors to the State and Joint State Public Service Commissions).

It covered all individuals who were in office immediately before the commencement of the Constitution, ensuring that their tenure and service conditions continued during the transitional phase.

Members of the Public Service Commission for the Dominion of India

The Public Service Commission for the Dominion of India was the central authority handling recruitment for the central government during the late colonial period. Under Article 378:

• Members serving in this body automatically became members of the Union Public Service Commission (UPSC) established under the Constitution, unless they chose not to continue.
• Those who opted out ceased to hold office, and the vacancies were to be filled according to the new constitutional provisions.
• The continuing members retained their tenure and conditions of service as they existed prior to 26 January 1950.

Importantly, Article 378 specified that their tenure would not be affected by the provisions of Article 316(1) and (2) — which relate to the appointment and term of office of members — except for the proviso to Article 316(2), which permits resignation or removal as per Article 317.
This ensured that the newly formed UPSC began functioning immediately upon the Constitution’s commencement without any disruption or delay in civil service recruitment.

Members of Provincial and Joint Public Service Commissions

The Provincial Public Service Commissions functioned under the provincial governments of British India, while some provinces shared Joint Commissions serving multiple territories.
Under Article 378:

• Members of these Provincial and Joint Commissions automatically became members of the Public Service Commission of the corresponding State or the Joint State Public Service Commission, unless they opted not to continue.
• Their service conditions and tenure remained as they were prior to the Constitution’s commencement, subject to the same exceptions for resignation and removal as in the case of the Union Commission.
• This provision allowed for administrative continuity at the State level, ensuring that recruitment processes and advisory functions continued without interruption.

Through this mechanism, the Provincial Public Service Commissions evolved into the State Public Service Commissions (SPSCs), aligning seamlessly with the federal framework introduced by the Constitution.

Key Features of Article 378

• Continuity of Service: Members of existing Public Service Commissions continued to serve in corresponding constitutional commissions without reappointment.
• Right to Opt Out: Members were not compelled to continue; they could decline to serve under the new framework.
• Protection of Tenure and Conditions: Pre-Constitution rules governing tenure, salary, and service conditions remained applicable until replaced by new constitutional provisions.
• Application to Union and States: The provision covered both the central (Union) and provincial (State) Public Service Commissions.
• Transitional Stability: Ensured that no administrative vacuum occurred in the management of civil services during India’s political transformation.

These features highlight the framers’ emphasis on institutional continuity, particularly in sectors crucial to the functioning of a newly independent government.

Related Constitutional Provisions

• Article 315: Establishes the Union Public Service Commission and State Public Service Commissions.
• Article 316: Deals with the appointment and term of office of members of these commissions.
• Article 317: Provides for the removal and suspension of members of the commissions.
• Article 378A: Added later by constitutional amendment, deals specifically with the Andhra Pradesh Public Service Commission during the reorganisation of states.

Article 378 worked in harmony with these provisions to maintain continuity while transitioning from the colonial administrative framework to a constitutional one.

Administrative and Legal Significance

The inclusion of Article 378 ensured that the Public Service Commissions — institutions central to maintaining efficiency, neutrality, and meritocracy in the civil services — remained functional throughout India’s constitutional transition.
It safeguarded the rights and tenure of the serving members, preventing abrupt administrative disruptions. By doing so, it reinforced the principle of administrative continuity and upheld the independence of the commissions, which are considered constitutional safeguards against political influence in civil service recruitment.
This provision was particularly important in ensuring that government services continued to operate effectively during the initial years of independence, when institutional stability was crucial to national integration and administrative order.

Judicial Interpretation and References

There have been no landmark Supreme Court judgments directly interpreting Article 378, as it was transitional in nature and ceased to have ongoing effect once the original members’ tenures ended. However, it has occasionally been referenced in legal commentaries and constitutional discussions tracing the historical development of Public Service Commissions in India.
The absence of litigation reflects the provision’s clarity and effectiveness in achieving a smooth and undisputed transition.

Current Status

Article 378 was a temporary provision and became inoperative after serving its transitional purpose in the early years of the Republic. Once the initial members of the Dominion and Provincial Commissions completed their tenures or were replaced under constitutional procedures, the Article ceased to have any practical effect.
Its historical role, however, remains significant as it ensured the unbroken functioning of recruitment agencies that continue to serve as the backbone of India’s administrative machinery — the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs).

Historical and Institutional Legacy

The legacy of Article 378 lies in its contribution to the continuity of civil service institutions during one of the most critical phases of India’s political transformation. By maintaining the structure and personnel of the commissions, the provision prevented disruption in the recruitment of administrative officers and other government functionaries.
It also upheld the principle of merit-based recruitment, which has remained a cornerstone of Indian public administration since independence. The provision thus symbolised the Constitution’s pragmatic approach — ensuring that even amid revolutionary change, essential institutions of governance retained their operational integrity and public trust.