Part XIV & XIVA - Services and Tribunals • Article

Article 317 Simplified: Removal and suspension of a member of a Public Service Commission

Article 317 (Removal and suspension of a member of a Public Service Commission) regulates the recruitment, tenure, and constitutional protections of civil servants. It protects government officers (like IAS or IPS) from arbitrary dismissal or demotion by ensuring they cannot be fired without a proper inquiry and a fair hearing.

Official Text

(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed. (2) The President, in the case of the Union Commission or a Joint Commission, and the Governor *** in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body. (4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.

Simple Meaning

Explain Like Ten

To stop leaders from firing honest exam board members who don't listen to them, this rule says only the President can fire them, and usually only after the Supreme Court investigates and says they did something wrong (like taking bribes). They can also be fired if they go bankrupt or get another job.

Student Mode

Specifies the procedure for the removal and suspension of PSC members. They can be removed by the President on grounds of 'misbehaviour' only after a Supreme Court inquiry (under Article 145) confirms it. Alternatively, the President can remove them directly if they are adjudged insolvent, engage in outside paid employment, or are unfit due to infirmity of mind or body. Governors can only suspend State PSC members pending the Supreme Court inquiry.

Example

When public money is collected, shared, audited, or spent, Article 317 explains the constitutional rule behind removal and suspension of a member of a public service commission.

Key Takeaway

Article 317 anchors removal and suspension of a member of a public service commission within India's constitutional system.

FAQs

Can a State Governor remove a member of a State Public Service Commission?

No. Although the Governor appoints State PSC members, they do not have the power to remove them. Under Article 317, only the President of India can remove a member or Chairman of any Public Service Commission (Union, State, or Joint).

What is the procedure for removing a PSC member on grounds of misbehaviour?

The President must refer the matter to the Supreme Court. The Supreme Court conducts an inquiry under Article 145 procedures. If the Court finds the member guilty of misbehaviour and recommends removal, the President can then issue the removal order.

Under what conditions can the President remove a member without a Supreme Court inquiry?

Under Article 317(3), the President may remove a member directly if the member is adjudged an insolvent (bankrupt), engages in paid employment outside their office duties during their term, or is unfit to continue due to infirmity of mind or body.

What constitutes 'misbehaviour' under Article 317?

Under Article 317(4), a member is deemed guilty of misbehaviour if they become interested in any government contract or agreement, or participate in its profits or benefits in any way other than as an ordinary member of an incorporated company.

Quiz

Who has the power to remove a Chairman or member of a State Public Service Commission?

Answer: The President of India

Which body conducts the inquiry into allegations of misbehaviour against a UPSC member?

Answer: The Supreme Court of India

Who can suspend a member of a State PSC pending a Supreme Court inquiry?

Answer: The Governor of the State