Part XIV & XIVA - Services and Tribunals • Article

Article 319 Simplified: Prohibition as to the holding of offices by members of Commission on ceasing to be such members

Article 319 (Prohibition as to the holding of offices by members of Commission on ceasing to be such members) governs the Public Service Commissions (like UPSC and State PSCs). It details their setup, appointment of members, functions, expenses, and annual reports, ensuring they remain independent bodies that select candidates based purely on merit.

Official Text

On ceasing to hold office— (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

Simple Meaning

Explain Like Ten

When exam board members retire, they cannot take regular government jobs (like becoming directors of government companies or advisers). This is so they don't try to help the government during exams in order to get a nice job after they retire.

Student Mode

Enforces strict post-retirement employment prohibitions to preserve PSC independence. A retired UPSC Chairman is completely ineligible for any further employment under the Central or State governments. Other retired UPSC/State PSC members are only eligible for specific higher PSC posts (e.g., UPSC Chairman, State PSC Chairman) but barred from any other government jobs.

Example

When public money is collected, shared, audited, or spent, Article 319 explains the constitutional rule behind prohibition as to the holding of offices by members of commission on ceasing to be such members.

Key Takeaway

Article 319 anchors prohibition as to the holding of offices by members of commission on ceasing to be such members within India's constitutional system.

FAQs

Can a retired UPSC Chairman take up any other government job?

No. Under Article 319(a), the Chairman of the UPSC is strictly ineligible for any further employment either under the Government of India or the Government of any State. This prevents any 'quid pro quo' arrangements.

What offices are open to a retired member of a State PSC?

Under Article 319(d), a retired State PSC member can be appointed as the Chairman or member of the UPSC, or as the Chairman of that or any other State PSC. They are ineligible for any other government job.

Why does the Constitution place such strict post-retirement bans on PSC members?

The ban is designed to secure the absolute independence and impartiality of the Public Service Commissions. If members could look forward to government posts after retirement, they might be tempted to compromise their independence to please the ruling political party.

Quiz

On ceasing to hold office, the Chairman of the UPSC is ineligible for further employment under:

Answer: Both Central and State Governments

A retired Chairman of a State PSC is eligible to be appointed as:

Answer: Chairman or member of the UPSC