Articles 319 and 320 of the Constitution of India
Article 319 regulates the offices that a Chairman or member of a Public Service Commission may hold after ceasing to hold that office. Article 320 defines the principal constitutional functions of the Union Public Service Commission and State Public Service Commissions.
Article 319 - Prohibition as to holding offices after ceasing to be a Commission member
Article 319 specifies the eligibility and ineligibility of former Chairmen and members of the Union Public Service Commission and State Public Service Commissions for subsequent government employment or appointment to another Public Service Commission.
On ceasing to hold office:
(a) The Chairman of the Union Public Service Commission is ineligible for further employment under the Government of India or the Government of a State.
(b) The Chairman of a State Public Service Commission may be appointed as Chairman or another member of the Union Public Service Commission, or as Chairman of another State Public Service Commission, but is not eligible for other employment under the Government of India or a State Government.
(c) A member, other than the Chairman, of the Union Public Service Commission may be appointed as Chairman of the Union Public Service Commission or Chairman of a State Public Service Commission, but is not eligible for other employment under the Government of India or a State Government.
(d) A member, other than the Chairman, of a State Public Service Commission may be appointed as Chairman or another member of the Union Public Service Commission, or as Chairman of that or another State Public Service Commission, but is not eligible for other employment under the Government of India or a State Government.
The official constitutional text should be consulted for authoritative wording.
Article 320 - Functions of Public Service Commissions
Article 320 sets out the constitutional duties and consultative functions of the Union and State Public Service Commissions.
Clause (1): Examinations. The Union and State Public Service Commissions conduct examinations for appointments to the services of the Union and the States respectively.
Clause (2): Joint recruitment. If requested by two or more States, the Union Public Service Commission assists them in framing and operating joint recruitment schemes for services requiring candidates with special qualifications.
Clause (3): Consultation. The appropriate Public Service Commission is to be consulted on methods of recruitment; principles governing appointments, promotions and transfers; suitability of candidates; disciplinary matters affecting civil servants; specified claims for legal costs incurred in defending proceedings connected with official duties; and specified claims concerning pensions for injuries sustained in civil service. A Commission must also advise on matters referred to it by the President or, as applicable, the Governor.
The proviso to clause (3) permits the President, for all-India services and Union services or posts, and the Governor, for State services or posts, to make regulations specifying matters or classes of cases in which consultation with a Public Service Commission is not necessary.
Clause (4): Reservation and Article 335. Clause (3) does not require consultation with a Public Service Commission regarding the manner in which a provision referred to in Article 16(4) may be made or the manner in which effect may be given to Article 335.
Clause (5): Legislative scrutiny of exemption regulations. Regulations made under the proviso to clause (3) must be laid for at least fourteen days before the appropriate House or Houses of Parliament or the State Legislature, and remain subject to modification, repeal or amendment by the competent Legislature during the relevant session.
Meaning and practical effect of Articles 319 and 320
Why Article 319 matters
The restrictions in Article 319 are part of the constitutional framework intended to preserve the independence of Public Service Commissions. They limit the prospect of ordinary government employment after a person has served in specified Commission offices, while allowing only the constitutional appointments expressly mentioned in the Article.
What Article 320 covers
Article 320 gives Public Service Commissions a central role in merit-based public recruitment and provides for consultation in important service matters. The UPSC describes its functions under Article 320 as including examinations, direct recruitment, promotion or deputation matters, recruitment rules, disciplinary cases and advice on matters referred by the President.
Is consultation required in every case?
No. Article 320(3) itself permits the President or a Governor, within the respective constitutional sphere, to make regulations identifying matters in which consultation is not necessary. Article 320(4) also creates specific constitutional exclusions concerning Article 16(4) and Article 335.
Official resources
For the current authoritative constitutional text and institutional information, refer to the official Government of India sources below.
Constitution of India - Legislative Department, Ministry of Law and Justice
Last reviewed: 19 September 2026. This page is an explanatory legal information resource; the official constitutional text prevails.