Introduction

The Public Service Commission plays a crucial role in ensuring the impartial and efficient functioning of the civil services in India. Article 317 of the Indian Constitution deals with the removal and suspension of a member of a Public Service Commission. This article provides the necessary provisions to maintain the integrity and independence of the commission while also ensuring accountability.

Article 317: Overview

Article 317 of the Indian Constitution outlines the procedure for the removal and suspension of a member of a Public Service Commission. It emphasizes the importance of upholding the independence and impartiality of the commission while also providing a mechanism to address any misconduct or incompetence.

Grounds for Removal

Under Article 317, a member of a Public Service Commission can be removed from office on the following grounds:

1. Misbehavior
2. Incapacity

The President of India has the authority to initiate the removal process based on a reference made by the Governor of the state or the President of India, as the case may be. The President then refers the matter to the Supreme Court for an inquiry.

Removal Procedure

The removal procedure for a member of a Public Service Commission is as follows:

1. The President refers the matter to the Supreme Court for an inquiry.
2. The Supreme Court conducts the inquiry and presents its report to the President.
3. If the Supreme Court finds the member guilty of misbehavior or incapacity, the President can remove the member from office.

It is important to note that during the inquiry, the member has the right to be heard in person or through a legal representative. This ensures fairness and due process.

Suspension of a Member

Article 317 also provides for the suspension of a member of a Public Service Commission during the pendency of an inquiry. If the President is of the opinion that a member should be suspended, they may pass an order to that effect. The suspended member is entitled to receive an inquiry into the charges brought against them.

Independence and Impartiality

Article 317 is designed to safeguard the independence and impartiality of the Public Service Commission. The removal process involves the Supreme Court, which acts as a neutral and independent body to ensure a fair inquiry. This ensures that the commission can function without any undue influence or interference.

Importance of Accountability

While the independence of the Public Service Commission is crucial, accountability is equally important. Article 317 strikes a balance by providing a mechanism to hold members accountable for misconduct or incapacity. This ensures that the commission operates efficiently and maintains the trust of the public.

Conclusion

Article 317 of the Indian Constitution plays a vital role in maintaining the integrity and independence of the Public Service Commission. It provides a clear procedure for the removal and suspension of a member, ensuring accountability while upholding the principles of fairness and due process. By striking a balance between independence and accountability, Article 317 ensures the effective functioning of the commission and the civil services in India.