Removal and suspension of Public Service Commission members and regulation of the conditions of service of Commission members and staff.
Article 317 creates constitutional safeguards governing removal and suspension of the Chairman and other members of the Union, Joint and State Public Service Commissions.
Subject to clause (3), a Chairman or other member may be removed from office only by an order of the President on the ground of misbehaviour after the Supreme Court, on a reference made by the President and after an inquiry conducted under the procedure prescribed under Article 145, reports that the member ought to be removed on that ground.
Where a reference under clause (1) has been made, the President may suspend the Chairman or member of the Union Commission or a Joint Commission. In the case of a State Commission, the Governor may suspend the Chairman or member. The suspension may continue until the President passes orders after receiving the Supreme Court's report.
Despite clause (1), the President may remove a Chairman or other member if the person is adjudged insolvent, engages during the term of office in paid employment outside official duties, or is, in the President's opinion, unfit to continue by reason of infirmity of mind or body.
A Chairman or member who is concerned or interested in a government contract or agreement, or participates in its profit, benefit or emolument otherwise than as a member in common with other members of an incorporated company, is deemed guilty of misbehaviour for clause (1).
For the Union Commission or a Joint Commission, the President may make regulations. For a State Commission, the Governor of the State may make regulations to:
Constitutional protection: the conditions of service of a member of a Public Service Commission cannot be varied to that member's disadvantage after appointment.
Misbehaviour: Article 317(1) uses this expression as a constitutional ground for removal and requires the Supreme Court inquiry and report described in that clause. Article 317(4) expressly treats the specified government-contract interest as misbehaviour for this purpose.
Suspension: suspension under Article 317(2) is linked to a reference already made to the Supreme Court under Article 317(1). The competent authority differs according to whether the Commission is the Union or Joint Commission, or a State Commission.
Service regulations: Article 318 is the constitutional source of the President's or Governor's regulation-making power over the number and conditions of service of Commission members and staff, subject to the protection against disadvantageous variation after a member's appointment.
For the authoritative constitutional text and amendments, consult the Legislative Department, Ministry of Law and Justice and the India Code portal. This article is an explanatory guide and should be read with the current official text of the Constitution.