Part XIV & XIVA - Services and Tribunals • Article

Article 318 Simplified: Power to make regulations as to conditions of service of members and staff of the Commission

Article 318 (Power to make regulations as to conditions of service of members and staff of the 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

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.

Simple Meaning

Explain Like Ten

The President (for the country) and the Governor (for a state) can make rules about how many staff the exam board needs and what they get paid. But once a board member is hired, the government cannot cut their salary or benefits to punish them.

Student Mode

Authorizes the President (for UPSC/Joint PSC) and Governor (for State PSC) to determine the number of commission members, their service conditions, and staff regulations. Crucially, the proviso protects the independence of members by declaring that their conditions of service cannot be varied to their disadvantage after appointment.

Example

When public money is collected, shared, audited, or spent, Article 318 explains the constitutional rule behind power to make regulations as to conditions of service of members and staff of the commission.

Key Takeaway

Article 318 anchors power to make regulations as to conditions of service of members and staff of the commission within India's constitutional system.

FAQs

Who determines the size and staff conditions of the UPSC?

The President of India has the power under Article 318 to determine the number of members of the Union Commission and make regulations for their service conditions, as well as those of the commission's staff.

Can the government reduce the salary or allowances of a PSC member during their term?

No. The proviso to Article 318 explicitly states that the conditions of service of a PSC member shall not be varied to their disadvantage after their appointment. This prevents the government from using financial pressure to influence the commission's decisions.

Who regulates the conditions of service for State PSC staff?

The Governor of the State has the power to make regulations determining the staff size and service conditions for a State Public Service Commission.

Quiz

The conditions of service of a PSC member cannot be varied to their disadvantage after appointment under which article?

Answer: Article 318

Who is empowered to make regulations for the staff of a Joint Public Service Commission?

Answer: The President of India