Article 321 of the Indian Constitution is an enabling provision that supplements the functions of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) as outlined in Article 320. While Article 320 lists the core advisory and recruitment functions that the Commissions are constitutionally mandated to perform concerning the services of the Union or the State, Article 321 provides the legislative power to extend these functions or confer additional responsibilities upon them.
This article allows for the expansion of the Commissions’ roles beyond the standard civil services under the direct control of the government, permitting their involvement in matters relating to services of local authorities, corporate bodies, or other public institutions, subject to specific legislation. This flexibility allows the Parliament and State Legislatures to leverage the expertise and independent status of the PSCs for broader application of merit-based principles in the public sector.
Original Text
321. Power to extend functions of Public Service Commissions.
An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission, or the State Public Service Commission as respects the services of the Union or the State, as the case may be, and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.
Detailed Explanation
Article 321 grants the power to extend the functions of the Public Service Commissions (UPSC and SPSCs) through legislative action. It explicitly states that an Act made by either the Parliament (for the UPSC, covering Union services) or the Legislature of a State (for the SPSC, covering State services) may provide for the exercise of additional functions by these Commissions.
Crucially, this article specifies the scope of these potential additional functions. They can relate not only to the services of the Union or the State (which are primarily covered by Article 320) but also extend to services of:
- Any local authority (like Municipalities, Panchayats, etc.)
- Any other body corporate constituted by law (this includes statutory corporations, public sector undertakings formed under specific Acts of Parliament or State Legislatures)
- Any public institution.
This means that Parliament or State Legislatures can, through enacting specific laws, assign roles to the UPSC or SPSC, respectively, such as conducting recruitment, advising on disciplinary matters, or consultation on recruitment rules, for bodies that are not directly part of the Union or State government departments but fall within the broader public sector domain. The nature and extent of these additional functions are entirely dependent on the specific provisions of the Act passed by the relevant legislature. This article transforms the PSCs from mere advisory bodies for government services into potential consultants or recruitment agencies for a wider array of public entities, based on legislative will.
Detailed Notes
- Enabling Provision: Article 321 is an enabling article, not self-executory. It requires legislative action to become effective.
- Legislative Authority: The power to confer additional functions rests with:
- Parliament (for the Union Public Service Commission).
- Legislature of a State (for the State Public Service Commission).
- Mechanism: Additional functions are conferred through an Act made by the respective legislature.
- Recipient Commissions: The functions can be conferred on the Union Public Service Commission or a State Public Service Commission.
- Scope of Services Covered: The additional functions can relate to services of:
- The Union (if conferred on UPSC by Parliament).
- The State (if conferred on SPSC by State Legislature).
- Any local authority (e.g., municipalities, panchayats).
- Any other body corporate constituted by law (e.g., statutory corporations, some PSUs).
- Any public institution.
- Nature of Functions: The article refers to “additional functions,” implying functions beyond those specified as mandatory or standard under Article 320. These could involve recruitment, consultation, or other personnel-related advisory roles.
- Supplement to Article 320: Article 321 expands the potential domain of Public Service Commissions’ activities beyond the core government services covered by Article 320.
- Requires Specific Legislation: The specific nature, scope, and limitations of these additional functions are defined entirely by the Act passed by the Parliament or the State Legislature.
Additional Comments
- This article provides significant flexibility in utilising the expertise and independent status of the PSCs across various arms of the state and public sector.
- It allows for the application of uniform, merit-based recruitment standards to services outside the traditional government departments, enhancing transparency and efficiency in the broader public employment landscape.
- The extent to which PSCs are involved with local bodies, PSUs, or other institutions varies greatly, depending on the specific legislation enacted by Parliament or State Legislatures for different sectors or bodies.
- While Article 320 outlines the core constitutional duties, Article 321 allows for the expansion of the PSCs’ role based on policy considerations and legislative decisions.
Summary
Article 321 empowers Parliament and State Legislatures to enact laws conferring additional functions upon the Union or State Public Service Commissions. These functions can extend beyond the standard civil services of the Union or State to encompass services of local authorities, corporate bodies constituted by law, and other public institutions. This legislative power allows for broadening the scope of the PSCs’ involvement in recruitment, consultation, and personnel matters, thereby enabling the application of merit-based principles and independent advice to a wider range of public sector entities as deemed necessary by the respective legislatures.