The Constitution of India
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.
Why this exists
Public Service Commissions (UPSC and State PSCs) need administrative flexibility to organize their own staffing and internal management, since these bodies conduct recruitment and advise on civil service matters independently. The framers gave the executive (President/Governor) regulation-making power for practical administration, but added a strong safeguard: once a member is appointed, their service conditions are protected from being worsened later. This protects the independence and security of Commission members, who might otherwise face pressure or retaliation through unfavorable rule changes, ensuring the Commission can function impartially in recruitment and disciplinary matters affecting government servants.
Common misconceptions
- Myth: The President or Governor can change any Commission member's service conditions anytime, even to their disadvantage.
Fact: The proviso specifically bars any change that disadvantages a member after their appointment; only future or neutral/beneficial changes are allowed for sitting members. - Myth: This Article lets the executive control who gets appointed to the Commission.
Fact: Article 318 only covers the number of members/staff and their service conditions — appointments themselves are governed by separate provisions (Article 316).