Appointment and term of office of members

Quick Summary (TL;DR)

Article 316 (Appointment and term of office of members): Regulates civil services, tenure security (Art 311), and independent Public Service Commissions (UPSC/PSC) under Part XIV.

In Simple Citizen Words

Article 316 ('Appointment and term of office of members') in Part XIV (Services Under the Union and the States) governs public recruitment and civil service accountability. It regulates recruitment rules (Art 309), due-process inquiry protections before dismissal/removal of civil servants (Art 311), All-India Services (Art 312), and the independent functioning, appointment, removal protections, and annual reports of UPSC and State PSCs (Arts 315–323). Specifically: (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: ...

Key Constitutional Provisions

Constitutional Mandate (Art. 316): Directly codifies the legal rule for 'Appointment and term of office of members' under Part XIV

Structured across 6 clause(s) and 2 sub-clause(s) with explicit constitutional provisos/safeguards

Exercises of constitutional office under this article must follow aid, advice, and established constitutional conventions

Exceptions & Reasonable Restrictions

Under Article 319, UPSC/PSC Chairpersons and Members are barred from holding subsequent government employment to prevent political favouritism in recruitment.

Why This Matters in Daily Life

Protects merit-based competitive recruitment for youth and shields honest government officers from political victimization.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Sardar Vallabhbhai Patel & Dr. B. R. Ambedkar

Deputy Prime Minister & Drafting Chairman • August 22–23 & October 10, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 316: Protecting civil servants from political victimization (Art 311) and insulating public recruitment from nepotism through independent Public Service Commissions (UPSC/PSC).

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"Remove them and I see nothing but a picture of chaos all over the country... You will not have a united India if you do not have a good All-India Service which has the independence to speak out its mind."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 316: Enacted Part XIV (Articles 308–323) guaranteeing natural justice before dismissal (Art 311) and establishing independent Union and State Public Service Commissions (Arts 315–323).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 316 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.

Clause (1A)

If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.

Clause (2)

A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:

Provided that —

Sub-clause (a)

a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;

Sub-clause (b)

a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.

Clause (3)

A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Appointment and term of office of members

🟡 Textually Amended Since 1950 Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Appointment and term of office of members). Subsequently refined through 1 Constitutional Amendment(s) to meet evolving democratic and governance needs.

CURRENT ENFORCEABLE STATUS (TODAY)

Enforceable Today with Amended Clauses: Article 316 (Appointment and term of office of members): Regulates civil services, tenure security (Art 311), and independent Public Service Commissions (UPSC/PSC) under Part XIV.

Key Amendment Milestones & Textual Modifications

41st Constitutional Amendment Act, 1976 — State Public Service Commission Retirement Age Raised to 62

Year 1976

Why it happened: Raised the retirement age of Chairmen and Members of State Public Service Commissions from 60 to 62 years.

                                    Amended (316): State Public Service Commission Retirement Age Raised to 62                                

Article 315 Ask Nyaya Saarthi AI About This Article Article 317

Emergency Citizen Helplines

Appointment and term of office of members

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications