Article 317 of Indian Constitution: Removal and Suspension of PSC Members

Article 317 plays an important role under Part XIV of the Constitution. Article 317 of Indian Constitution lays down the procedure for the removal and suspension of the Chairman or members of Public Service Commission (PSC) which includes the Union Public Service Commission (UPSC), State PSCs and Joint Commissions. The provision ensures that high-ranking constituational functionaries can only be removed under strict and lawful procedures to maintain their independence and impartiality. Explore in-depth analysis of other Constitutional Articles

Article 317 of Indian Constitution

Removal and suspension of member of a Public Service Commission

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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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 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,--
4. is adjudged an insolvent; or
5. engages during his term of office in any paid employment outside the duties of his office; or
6. is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

Article 317 of Indian Constitution has the following clauses -

• According to Article 317 Clause 1 the President can remove the Chairman or any member of a Public Service Commission only on grounds of misbehavior and that too after an inquiry conducted by the Supreme Court. The President must make a reference to the Supreme Court, and the Court must report that removal is justified based on the inquiry held under Article 145 procedures.
• Article 317 Clause 2 gives power to the President (for UPSC or Joint Commission) or the Governor (for State PSCs) to suspend the concerned individual while the inquiry is ongoing.
• Article 317 of Indian Constitution Clause 3 provides additional grounds for removal without requiring a Supreme Court inquiry. These include:

1. Being declared insolvent
2. Engaging in paid employment outside their official duties
3. Being declared unfit due to mental or physical infirmity

• Lastly, the Article 317 Clause 4 states that if a member or Chairman becomes involved in government contracts or financially benefits from them, they shall be deemed guilty of misbehavior under Clause (1).

Download 5 Key take aways on Article 317 of Indian Constitution PDF

Article 317 of Indian Constitution Significance

Article 317 of Indian Constitution plays an important role in upholding integrity and impartiality of Public Service Commissions. By involving Supreme Court in cases of misbehavior Constitution ensures judicial oversight and protection from arbitrary removal. It also safeguard against conflicts of interest and prevents members from misusing their positions. The checks help reinforce public trust in selection process conducted by commissions.

Several landmark judgments have shaped the interpretation of Article 317 of Indian Constitution. The judiciary has explained the The judiciary has explained the scope and procedure of removal and suspension under Article 317. The following are some of the cases 

Re: Smt. Sayalee Sanjeev Joshi (2005)

The Supreme Court explained its role when exercising jurisdiction under reference made in Article 317 of Indian Constitution. The main duty of the Court is to determine, based on facts and evidence, whether the conduct of a Commission member amounts to ‘misbehaviour’ under the Constitution. It must assess the admissibility and relevance of the evidence presented and cannot rely on mere suspicion in place of concrete proof.

Mangala Sridhar v. State of Karnataka (2017)

The Karnataka High Court held that the Governor cannot suspend a member of State Public Service Commission under Article 317 of Indian Constitution without following constitutional procedure. The Division Bench of Subhro Kamal Mukherjee, C.J., and Budihal R.B., J., ruled that suspension can only occur after the President refers the matter to the Supreme Court and with the aid and advice of the Council of Ministers. The appellant, suspended over corruption charges by an order dated 14.05.2014, challenged the Governor’s unilateral action. Referring to Samsher Singh v. State of Punjab (1974) and In re Article 317(1) (1983), the Court clarified that the Governor must act on ministerial advice and not at personal discretion. Consequently, the Court set aside the suspension as unconstitutional.

Conclusion

Article 317 of Indian Constitution provides comprehensive and balanced mechanism to remove or suspend members of a Public Service Commission. It protects members from arbitrary executive actions while holding them accountable for misconduct or incapacity. ThE balance preserves both the independence and credibility of these constitutional bodies.