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Constitution of India · Section Article 317

Removal and suspension of a member of a Public Service Commission

Article 317 — Removal and suspension of a member of a Public Service Commission

  1. Removal and suspension of a member of a Public Service Commission.—(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 1*** 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.

Plain English Summary

This article explains the strict procedure for removing or suspending a member of a Public Service Commission. A member can only be removed by the President after the Supreme Court has investigated and reported that the member has misbehaved. The President also has specific powers to remove members based on insolvency, outside employment, or mental/physical infirmity.

Key Points

  • Removal by Misbehaviour: A member can only be removed if the Supreme Court finds they have misbehaved after an inquiry.
  • Suspension Power: The President (or Governor for State Commissions) can suspend a member while the Supreme Court is investigating a complaint.
  • Grounds for Removal (Direct): The President can remove a member if they are declared insolvent, hold outside paid employment, or are deemed unfit due to mental or physical infirmity.
  • Conflict of Interest: Being involved in contracts benefiting the government can also be considered grounds for removal.

Why It Matters

This article establishes a high legal bar for removing public service members, ensuring that such actions are based on proven misconduct or specific disqualifying circumstances rather than mere political disagreement.

Landmark Judgements

No major landmark judgements.

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