Removal and suspension of a member of a Public Service Commission

Quick Summary (TL;DR)

Article 317 (Removal and suspension of a member of a Public Service Commission): Regulates civil services, tenure security (Art 311), and independent Public Service Commissions (UPSC/PSC) under Part XIV.

In Simple Citizen Words

Article 317 ('Removal and suspension of a member of a Public Service Commission') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on...

Key Constitutional Provisions

Constitutional Mandate (Art. 317): Directly codifies the legal rule for 'Removal and suspension of a member of a Public Service Commission' under Part XIV

Structured across 8 clause(s) and 3 sub-clause(s) with clear procedural conditions

Backed by independent judicial oversight of the Supreme Court to protect constitutional legality

Exceptions & Reasonable Restrictions

Under Article 319, UPSC/PSC Chairpersons and Members are barred from holding subsequent government employment to prevent political favouritism in recruitment.

Why This Matters in Daily Life

Protects merit-based competitive recruitment for youth and shields honest government officers from political victimization.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Sardar Vallabhbhai Patel & Dr. B. R. Ambedkar

Deputy Prime Minister & Drafting Chairman • August 22–23 & October 10, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 317: Protecting civil servants from political victimization (Art 311) and insulating public recruitment from nepotism through independent Public Service Commissions (UPSC/PSC).

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"Remove them and I see nothing but a picture of chaos all over the country... You will not have a united India if you do not have a good All-India Service which has the independence to speak out its mind."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 317: Enacted Part XIV (Articles 308–323) guaranteeing natural justice before dismissal (Art 311) and establishing independent Union and State Public Service Commissions (Arts 315–323).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 317 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

Clause (2)

The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

Clause (3)

Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be, —

Sub-clause (a)

is adjudged an insolvent; or

Sub-clause (b)

engages during his term of office in any paid employment outside the duties of his office; or

Sub-clause (c)

is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

Clause (4)

If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Removal and suspension of a member of a Public Service Commission

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 317 (Removal and suspension of a member of a Public Service Commission) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 317 (Removal and suspension of a member of a Public Service Commission): Regulates civil services, tenure security (Art 311), and independent Public Service Commissions (UPSC/PSC) under Part XIV.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

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Removal and suspension of a member of a Public Service Commission

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications