What is Article 318 of Indian Constitution – Defination & Meaning

Article 318: Power to make regulations as to conditions of service of members and staff of the Commission In the case of the Union Commission or a Joint
📅 Part XIV – Services Under the Union and the States
🏷️Active

📚 UPSC Relevant

Article Number

318

part

Part XIV – Services Under the Union and the States

Status

Active

Bare Acts Text

Article 318: Power to make regulations as to conditions of service of members and staff of the Commission

  • In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations—
    • (a) determine the number of members of the Commission and their conditions of service; and
    • (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service:
    • Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
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Full Definition & Explanation

Article 318 of the Indian Constitution grants specific powers to the President of India and State Governors regarding the regulation of Public Service Commissions. This article allows them to establish regulations that determine the number of members in the Commission and outline their service conditions. These regulations ensure that each Commission operates effectively while maintaining a clear framework for its staff and members, making it easier to manage and organize public services. The article directly affects members and staff of the Union Public Service Commission (UPSC) and State Public Service Commissions. It gives the President the authority to decide on the composition and working conditions of these bodies. Importantly, it includes a protective clause stating that once appointed, the conditions of service for any member cannot be changed to their disadvantage. This provision ensures job security and fairness for individuals in these roles, promoting trust in public service. In practice, this means that both the UPSC and State Commissions can adapt their structures as needed to respond to changing administrative demands. For example, if a state needs more personnel to handle increased recruitment, the Governor can adjust the number of staff or members. This flexibility is key for effective governance. Overall, Article 318 plays a major role in shaping the framework of public service commissions in India, contributing to better governance and accountability in public administration.

Historical Context

This article allows them to establish regulations that determine the number of members in the Commission and outline their service conditions. These regulations ensure that each Commission operates effectively while maintaining a clear framework for its staff and members, making it easier to manage and organize public services. The article directly affects members and staff of the Union Public Service Commission (UPSC) and State Public Service Commissions. It gives the President the authority to decide on the composition and working conditions of these bodies.

Key Features

– The President can regulate the Union Public Service Commission’s structure.
– State Governors have similar powers over State Public Service Commissions.
– Conditions of service cannot be altered to disadvantage members after their appointment.
– It facilitates flexibility in staffing based on administrative needs.
– Regulations help maintain the integrity and accountability of commissions.

Importance & Impact

– It ensures fair treatment of commission members post-appointment
– The article allows for necessary adjustments in commission structures
– Regulations enhance operational efficiency in public service commissions
– It safeguards against arbitrary changes in service conditions
– The President and Governors can respond to evolving governance needs.

Sample UPSC Question

Consider the following statements regarding Article 318 of the Indian Constitution: 1. It allows the President to regulate the Union Public Service Commission. 2. It guarantees that the service conditions of commission members cannot be changed to their disadvantage. 3. Only State Governors can make regulations for State Commissions. Which of these statements 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 A) 1 and 2 only. Article 318 empowers both the President and State Governors regarding their respective commissions, but statement 3 is incorrect. Article 318 of the Indian Constitution grants specific powers to the President of India and State Governors regarding the regulation of Public Service Commissions.

Key Takeaways

✓ Article 318 empowers the President and Governors to regulate commissions.
✓ Job security for commission members is guaranteed by this article.
✓ Regulatory powers help adapt to administrative changes
✓ Conditions of service cannot be unfairly altered post-appointment.
✓ Effective governance is supported through these regulations

FAQs

Article 318 of the Indian Constitution grants specific powers to the President of India and State Governors regarding the regulation of Public Service Commissions. This article allows them to establish regulations that determine the number of members in the Commission and outline their service conditions. These regulations ensure that each Commission operates effectively while maintaining a clear framework for its staff and members, making it easier to manage and organize public services.

Importantly, it includes a protective clause stating that once appointed, the conditions of service for any member cannot be changed to their disadvantage. This provision ensures job security and fairness for individuals in these roles, promoting trust in public service. In practice, this means that both the UPSC and State Commissions can adapt their structures as needed to respond to changing administrative demands.

In practice, this means that both the UPSC and State Commissions can adapt their structures as needed to respond to changing administrative demands. For example, if a state needs more personnel to handle increased recruitment, the Governor can adjust the number of staff or members. Overall, Article 318 plays a major role in shaping the framework of public service commissions in India, contributing to better governance and accountability in public administration.

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