What is Article 316 of Indian Constitution – Defination & Meaning

Article 316: Appointment and term of office of members (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of
📅 Part XIV – Services Under the Union and the States
🏷️Active

📚 UPSC Relevant

Article Number

316

part

Part XIV – Services Under the Union and the States

Status

Active

Bare Acts Text

Article 316: Appointment and term of office of members

  • (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
  • (2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixtyfive years, and in the case of a State Commission or a Joint Commission, the age of whichever is earlier:
  • Provided that—
    • (a) a member of a Public Service Commission may, by writing under his hand addressed, in the
      case of the Union Commission or a Joint Commission, to the President, and in the case of a State
      Commission, to the Governor 2*** of the State, resign his office;
    • (b) a member of a Public Service Commission may be removed from his office in the manner
      provided in clause (1) or clause (3) of article 317.
  • (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.
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Full Definition & Explanation

Article 316 of the Indian Constitution outlines the appointment and term of office for members of Public Service Commissions. This article affects individuals who serve in various capacities within these commissions, which are responsible for recruiting civil servants at both Union and State levels. The President appoints members for the Union Commission or a Joint Commission, while State Governors handle appointments within State Commissions. A unique aspect is that nearly half of the members must have at least ten years of experience in government service, ensuring that these commissions are staffed by knowledgeable individuals who understand the workings of the government. The term of office for a member of a Public Service Commission is six years, but members must resign or retire upon reaching the age limit, which is sixty-five years for Union members and varies for State members. This age limit ensures a turnover of fresh perspectives in these key positions. Members also cannot be reappointed after their term ends, which prevents stagnation and encourages new appointments to bring in diverse skills and ideas to the commissions. The possibility of resignation adds flexibility, allowing members to step down if necessary, which can help maintain the integrity and efficiency of these bodies. Exceptions are in place, such as the process by which members can be removed under specific conditions outlined in Article 317. This provision adds a layer of accountability for members, ensuring they perform their duties responsibly. Overall, Article 316 plays an key role in maintaining the standards and effectiveness of Public Service Commissions, impacting how civil servants are chosen and how public administration operates in India.

Historical Context

Article 316 was included in the Constitution when it was adopted in 1950. The Constituent Assembly debated the need for an independent body to ensure fair recruitment of civil servants. They aimed to create a system free from political influence, ensuring transparency and merit-based selection. The article has not undergone any amendments since its inception, reflecting the founding fathers’ confidence in its structure. The Supreme Court has addressed this article in cases like ‘Union of India vs. S. M. Ghosh’, emphasizing the importance of maintaining the integrity of Public Service Commissions.

Key Features

– The President appoints members for the Union Public Service Commission.
– State Governors are responsible for appointing State Public Service Commission members.
– Members must have at least ten years of relevant government service experience.
– The term of office for members lasts for six years.
– Members are ineligible for reappointment after completing their term.

Importance & Impact

– This article ensures experienced professionals serve in Public Service Commissions effectively.
– The age limits help ensure new leadership perspectives within the commissions.
– It prohibits reappointment of members, fostering new appointments and ideas.
– The article strengthens the recruitment process for civil services in India.
– It promotes accountability through provisions for member resignations and removals.

Sample UPSC Question

Consider the following statements regarding Article 316 of the Indian Constitution: 1. The President appoints members of the Union Public Service Commission. 2. State Governors are in charge of appointing members for State Public Service Commissions. 3. Members can serve unlimited terms without restrictions. 4. Members must have ten years of experience in government service. Which of the above statements are correct? A. 1 and 2 only B. 1, 2, and 4 only C. 2 and 3 only D. 1, 3, and 4 only

Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer

The correct answer is B. Statements 1, 2, and 4 are correct. The President appoints members for the Union Commission, and State Governors appoint State Commission members. Members indeed require ten years of service experience, while they cannot serve unlimited terms, rejecting statement 3.

Key Takeaways

✓ The President is responsible for appointing members of the Union Public Service Commission.
✓ State Governors have the authority to appoint State Commission members.
✓ At least half of the members require ten years of government service experience.
✓ Members have a fixed term of six years in office.
✓ Members are not eligible for reappointment after serving their term.

FAQs

Article 316 of the Indian Constitution outlines the appointment and term of office for members of Public Service Commissions. This article affects individuals who serve in various capacities within these commissions, which are responsible for recruiting civil servants at both Union and State levels. The President appoints members for the Union Commission or a Joint Commission, while State Governors handle appointments within State Commissions.

This age limit ensures a turnover of fresh perspectives in these key positions. Members also cannot be reappointed after their term ends, which prevents stagnation and encourages new appointments to bring in diverse skills and ideas to the commissions. The possibility of resignation adds flexibility, allowing members to step down if necessary, which can help maintain the integrity and efficiency of these bodies.

Exceptions are in place, such as the process by which members can be removed under specific conditions outlined in Article 317. This provision adds a layer of accountability for members, ensuring they perform their duties responsibly. Overall, Article 316 plays an key role in maintaining the standards and effectiveness of Public Service Commissions, impacting how civil servants are chosen and how public administration operates in India.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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