Provisions as to Public Service Commissions

Article 378 — Provisions as to Public Service Commissions

of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. (2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. 378A. Special provision as to duration of Andhra Pradesh Legislative Assembly.—Notwithstanding anything contained in article 172, the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.]

Plain English Summary

This article deals with how the members of old Public Service Commissions (for the whole Dominion or for specific states) continue to hold their positions after the Constitution came into effect. It ensures that these commissions maintain their terms until the end of the term they were set for before the Constitution began.

Key Points

Members of the Public Service Commission for the Dominion of India who held office before the Constitution become members of the Public Service Commission for the Union.
Members of Provincial or group-of-Provinces commissions become members of the corresponding State or Joint State Public Service Commissions.
They continue to hold office until the end of their term as determined by the rules that were in place before the Constitution started.

Why It Matters

This provision ensures continuity in the administrative structure by providing a clear mechanism for existing public service commission members to continue serving according to established rules.

Landmark Judgements

No major landmark judgements.