Articles 315 and 316 of the Constitution of India: Public Service Commissions
Articles 315 and 316 form part of Chapter II of Part XIV of the Constitution of India. They establish the constitutional framework for Union, State and Joint Public Service Commissions and prescribe how their Chairman and members are appointed and how long they hold office.
In brief: Article 315 provides for Public Service Commissions for the Union and the States and permits a Joint State Public Service Commission for two or more States. Article 316 governs appointment, acting arrangements, tenure, age limits, resignation, removal by reference to Article 317, and ineligibility for re-appointment to the same office after expiry of the term.
Meaning and scope of Articles 315 and 316
A Public Service Commission is a constitutional body created under Part XIV of the Constitution. Article 315 deals with the existence and territorial service of these Commissions. Article 316 deals with their composition at the level of Chairman and members, including the appointing authority and term of office.
| Provision | Subject | Key rule |
|---|
| Article 315 | Public Service Commissions | Provides for a Commission for the Union and each State, with provision for Joint State Commissions and for UPSC to serve State needs in specified circumstances. |
| Article 316 | Appointment and term of members | President appoints members of the Union or Joint Commission; Governor appoints members of a State Commission. Tenure is six years or until the applicable constitutional age limit, whichever is earlier. |
Article 315 - Public Service Commissions for the Union and for the States
Clause (1). Subject to Article 315, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
Clause (2). Two or more States may agree to have one Public Service Commission for that group of States. If the required resolution is passed by the Legislature of each participating State, Parliament may by law provide for a Joint State Public Service Commission to serve those States.
Clause (3). A law establishing such a Joint Commission may contain incidental and consequential provisions necessary or desirable to give effect to the law.
Clause (4). The Union Public Service Commission may, at the request of the Governor of a State and with the approval of the President, agree to serve all or any of the needs of that State.
Clause (5). Constitutional references to the Union Public Service Commission or a State Public Service Commission are to be understood, unless the context otherwise requires, as references to the Commission serving the relevant needs of the Union or State in the matter concerned.
What Article 315 means
Article 315 constitutionally establishes the system of Public Service Commissions. It recognizes three possible institutional forms: the Union Public Service Commission, a State Public Service Commission, and a Joint State Public Service Commission serving two or more States. It also permits the Union Commission to undertake specified State needs where the constitutional conditions in clause (4) are met.
Article 316 - Appointment and term of office of members
Clause (1). The Chairman and other members of the Union Public Service Commission or a Joint Commission are appointed by the President. The Chairman and other members of a State Public Service Commission are appointed by the Governor of the State. As nearly as may be, one-half of the members of every Public Service Commission are to be persons who, at the dates of their respective appointments, have held office for at least ten years under the Government of India or a State Government, subject to the constitutional rule for computing the qualifying period.
Clause (1A). Where the office of Chairman becomes vacant, or the Chairman is unable to perform the duties of office because of absence or another reason, one of the other members may be appointed to perform those duties until the new Chairman enters upon the duties of office or the existing Chairman resumes them. The appointing authority is the President for the Union or Joint Commission and the Governor for a State Commission.
Clause (2). A member holds office for six years from entering office or until attaining the applicable age limit, whichever occurs earlier. The age limit is sixty-five years for the Union Commission and sixty-two years for a State Commission or Joint Commission.
Resignation. A member may resign in writing addressed to the President in the case of the Union or a Joint Commission, and to the Governor in the case of a State Commission.
Removal. A member may be removed in the manner provided by clauses (1) or (3) of Article 317.
Clause (3). A person who has held office as a member of a Public Service Commission is, on expiry of the term of office, ineligible for re-appointment to that office.
Tenure and age limit at a glance
| Commission | Appointing authority | Maximum age under Article 316(2) | Term |
|---|
| Union Public Service Commission | President | 65 years | Six years or until age 65, whichever is earlier |
| State Public Service Commission | Governor | 62 years | Six years or until age 62, whichever is earlier |
| Joint State Public Service Commission | President | 62 years | Six years or until age 62, whichever is earlier |
Related constitutional provisions: Articles 317 to 323 continue the constitutional scheme relating to removal and suspension, conditions of service, post-tenure restrictions, functions, extension of functions, expenses and reports of Public Service Commissions.
Related provisions on Public Service Commissions
For the next provisions in the constitutional sequence, see Articles 317 and 318, Articles 319 and 320, and Articles 321, 322 and 323.
This page is intended as a general legal information resource. For authoritative constitutional text, refer to the official Constitution published by the Legislative Department, Ministry of Law and Justice.
