The government must always follow the Public Service Commission's advice.

The Commission's advice is not legally binding; the government can reject it, but Article 323 requires that such rejections be explained publicly to the legislature.

This report-and-explain process happens only occasionally or when there's a controversy.

The Article makes this an annual, mandatory duty, not a one-time or discretionary event.

The Constitution of India

Article 323

Reports of Public Service Commissions

(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.§

(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.§

Why this exists

Public Service Commissions were designed as independent bodies to ensure fair, merit-based recruitment and advice on civil service matters, free from political interference. Article 323 builds accountability into this independence: since Commissions themselves aren't directly answerable to voters, requiring an annual report to the legislature ensures their work is transparent and that governments must publicly justify any departure from their expert advice, preventing quiet overriding of merit-based recommendations.

Common misconceptions

Myth: The government must always follow the Public Service Commission's advice.
Fact: The Commission's advice is not legally binding; the government can reject it, but Article 323 requires that such rejections be explained publicly to the legislature.
Myth: This report-and-explain process happens only occasionally or when there's a controversy.
Fact: The Article makes this an annual, mandatory duty, not a one-time or discretionary event.