What is Article 317 of Indian Constitution – Defination & Meaning

Article 317: Removal and suspension of a member of a Public Service Commission (1) Subject to the provisions of clause (3), the Chairman or any other member
📅 Part XIV – Services Under the Union and the States
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Article Number

317

part

Part XIV – Services Under the Union and the States

Status

Active

Bare Acts Text

Article 317: Removal and suspension of a member of a Public Service Commission

  • (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.
  • (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.
  • (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,—
    • (a) is adjudged an insolvent; or
    • (b) engages during his term of office in any paid employment outside the duties of his office; or
    • (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or
      body.
  • (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.
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Full Definition & Explanation

Article 317 of the Indian Constitution deals with the removal and suspension of members of Public Service Commissions. These Commissions are responsible for recruiting personnel for the civil services in both the Union and State levels. When a member, including the Chairman, is accused of wrongdoing or misbehavior, they can only be removed by the President of India following a thorough inquiry by the Supreme Court. This process ensures that the removal is just and follows legal procedures, thereby protecting the integrity of these key institutions. The article also specifies that the President can suspend a member pending the inquiry results. This suspension helps maintain the Commission’s credibility while the investigation is ongoing. Additionally, there are specific grounds for immediate removal, such as insolvency, engaging in outside employment, or being deemed unfit due to mental or physical incapacity. This provision ensures that members are fully dedicated to their duties and are not compromised in their ability to perform. Also, if a member is involved in contracts or agreements with government entities, this is also considered misbehavior. Such measures are key for preventing conflicts of interest and ensuring that members act in the public interest. The provisions of Article 317 thus help maintain the integrity, transparency, and accountability of Public Service Commissions, which play a key role in the recruitment process for government jobs.

Historical Context

These Commissions are responsible for recruiting personnel for the civil services in both the Union and State levels. When a member, including the Chairman, is accused of wrongdoing or misbehavior, they can only be removed by the President of India following a thorough inquiry by the Supreme Court. This process ensures that the removal is just and follows legal procedures, thereby protecting the integrity of these key institutions. The article also specifies that the President can suspend a member pending the inquiry results.

Key Features

– The President can remove members only after Supreme Court inquiry.
– Members can be suspended during an ongoing investigation.
– Immediate removal is allowed under specific conditions
– Misbehavior includes involvement in government contracts
– The process protects the integrity of Public Service Commissions.

Importance & Impact

– Ensures fair procedures for removal of Commission members
– Maintains credibility of Public Service Commissions during investigations
– Prevents conflicts of interest in government recruitment processes
– Promotes accountability and transparency in public service
– Protects members’ rights through checks and balances

Sample UPSC Question

Which of the following statements about Article 317 of the Indian Constitution is correct? A) It allows immediate removal without inquiry. B) The President can remove members on Supreme Court’s recommendation. C) Members can be suspended without any reason. D) It does not cover conflicts of interest. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is B. Article 317 states that members can only be removed by the President after an inquiry by the Supreme Court. This ensures that the removal process is fair and just. Article 317 of the Indian Constitution deals with the removal and suspension of members of Public Service Commissions.

Key Takeaways

✓ Article 317 regulates removal and suspension of Commission members.
✓ Supreme Court inquiry is mandatory before removal
✓ Immediate removal is allowed under specific conditions
✓ Suspensions help maintain Commission integrity during inquiries
✓ Members must avoid conflicts of interest

FAQs

Article 317 of the Indian Constitution deals with the removal and suspension of members of Public Service Commissions. These Commissions are responsible for recruiting personnel for the civil services in both the Union and State levels. When a member, including the Chairman, is accused of wrongdoing or misbehavior, they can only be removed by the President of India following a thorough inquiry by the Supreme Court.

This suspension helps maintain the Commission’s credibility while the investigation is ongoing. Additionally, there are specific grounds for immediate removal, such as insolvency, engaging in outside employment, or being deemed unfit due to mental or physical incapacity. This provision ensures that members are fully dedicated to their duties and are not compromised in their ability to perform.

Also, if a member is involved in contracts or agreements with government entities, this is also considered misbehavior. Such measures are key for preventing conflicts of interest and ensuring that members act in the public interest. The provisions of Article 317 thus help maintain the integrity, transparency, and accountability of Public Service Commissions, which play a key role in the recruitment process for government jobs.

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Editor-in-Chief Pramod

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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