सं Samvidhan

The Constitution of India

Article 316

Appointment and term of office of members

(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.

(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.

(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:

Provided that —

(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;

(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.

(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

Why this exists

The framers wanted Public Service Commissions — bodies that oversee fair recruitment into government service — to be staffed by experienced, independent people rather than political appointees who could be easily replaced or re-appointed as a reward for loyalty. Requiring half the members to have prior government experience ensures institutional knowledge, while fixed tenure, age limits, a structured removal process (via Article 317), and a bar on reappointment are meant to insulate members from political pressure and prevent them from currying favour with the government in hopes of extension.

How courts read it

Courts have generally read Article 316 alongside Article 317, emphasizing that the security of tenure and the specific removal procedure exist to protect the independence of Public Service Commissions from executive interference. Judicial decisions on removal of Commission members have stressed that Article 316's guarantee of a fixed term is meaningless unless removal strictly follows Article 317's inquiry process (typically involving the Supreme Court), reinforcing separation of the Commission's functioning from arbitrary government action.

Common misconceptions
  • Myth: A Public Service Commission member can simply be fired by the government whenever it wants.
    Fact: Removal is only allowed through the specific process described in Article 317, not at the government's discretion, to protect the Commission's independence.
  • Myth: A retiring member of a Public Service Commission can be reappointed to the same Commission later.
    Fact: Article 316(3) explicitly bars reappointment to that same office once a person's term has ended.
  • Myth: All members of Public Service Commissions must have prior government service.
    Fact: Only about half the members are required to have at least ten years of prior government experience; the rest need not meet this specific criterion.
Article 316 — Appointment and term of office of members · Samvidhan