Article 315 of the Indian Constitution is a crucial provision that establishes the framework for Public Service Commissions in India. These commissions, both at the Union and State levels, are instrumental in ensuring a merit-based and impartial recruitment process for civil services, thereby upholding the integrity and efficiency of public administration. It lays the foundation for institutions designed to safeguard the independence and impartiality of civil service recruitment.
Original Text
315. Public Service Commissions for the Union and the States
(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by each House of the Legislature of each of those States, Parliament may by law provide that a Joint State Public Service Commission shall serve the needs of those States.
(3) Any such law as is referred to in clause (2) may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.
(5) Until other provision is made in this behalf under this Constitution, it shall be the duty of the Union Public Service Commission, if requested so to do by the Governor [ **] of a State, to agree to serve all or any of the needs of the State.
(6) Nothing in this article shall apply to the State of Jammu and Kashmir.
Detailed Explanation
Article 315 establishes the framework for Public Service Commissions in India, both at the Union level (UPSC) and at the State level (State PSCs). It outlines the basic structure and functions related to these commissions, focusing on their establishment and the possibility of joint commissions serving multiple states.
- Clause (1): Mandates the establishment of a Public Service Commission for the Union (UPSC) and a Public Service Commission for each State. This ensures that each level of government has its own body responsible for recruiting civil servants.
- Clause (2): Provides for the creation of a Joint State Public Service Commission (JSPSC) to serve the needs of two or more states. This is possible if the legislature of each state involved passes a resolution to that effect. Parliament then enacts a law to establish the JSPSC.
- Clause (3): States that the law enacted by Parliament for the creation of a JSPSC may include incidental and consequential provisions necessary for effectively implementing the law. This gives Parliament the flexibility to address any practical issues that may arise.
- Clause (4): Allows the UPSC, upon request from a State Governor and with the President’s approval, to serve the needs of that state. This provides a mechanism for states to utilize the expertise of the UPSC in cases where they may not have the resources or capacity to conduct their own recruitment processes.
- Clause (5): This clause was intended to be a temporary provision, allowing the UPSC to serve the needs of a state if requested by the Governor until other provisions were made. The reference to the Governor was relevant in the early years of the Constitution before states were fully equipped to handle their own recruitment.
- Clause (6): Exempted the State of Jammu and Kashmir from the application of this article. This provision was aligned with the special status granted to Jammu and Kashmir under Article 370, which has since been revoked.
Detailed Notes
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Establishment of Commissions:
- Mandates a UPSC for the Union.
- Mandates a State PSC for each State.
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Joint State Public Service Commission (JSPSC):
- Two or more States can agree to have a JSPSC.
- Requires a resolution passed by the legislature of each State.
- Parliament enacts a law to establish the JSPSC.
- Parliamentary law can include incidental and consequential provisions.
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Role of UPSC in States:
- UPSC can serve a State’s needs upon request by the Governor and with the President’s approval.
- Temporary provision allowing UPSC to serve a State until other provisions are made.
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Exemption:
- Initially, the article did not apply to Jammu and Kashmir.
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Key takeaway: This article forms the constitutional basis for recruitment to various civil services in the country, helping to ensure an impartial and merit-based selection process.
Additional Comments
- The provision for JSPSC is beneficial for smaller states that may lack the resources to conduct large-scale recruitment independently.
- The role of the UPSC in assisting states highlights the cooperative federalism aspect of the Indian Constitution.
- The exemption for Jammu and Kashmir under Article 370 illustrates how constitutional provisions could be tailored to address specific regional needs and circumstances.
- This article underscores the importance of independent bodies in maintaining the integrity and efficiency of the public service.
- The power of the Parliament to enact laws for JSPSC ensures uniformity and standardization in the recruitment process across multiple states.
Summary
This constitutional provision establishes the UPSC and State PSCs, outlining the structure for recruitment to civil services at both the Union and State levels. It enables the formation of Joint State Public Service Commissions through parliamentary law based on state legislative resolutions. Furthermore, it permits the UPSC to serve the needs of a State upon request and with presidential approval, and initially exempted Jammu and Kashmir from its purview.