Article 315 of the Costitution of India with Case law
Article 315 of the Constitution of India
Title: Public Service Commissions for the Union and for the States
Text of Article 315(1):
(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 the legislatures of those States, Parliament may by law provide for the Joint State Public Service Commission.
(3) The Public Service Commission for the Union shall be called the Union Public Service Commission (UPSC), and the Public Service Commission for a State shall be called the State Public Service Commission (SPSC).
(4) The Union Public Service Commission shall serve the needs of the Union and, if requested, the needs of any State.
(5) A Joint State Public Service Commission shall serve the needs of the participating States.
✅ Key Features of Article 315:
| Feature | Explanation |
|---|---|
| Constitutional Bodies | UPSC and SPSC are constitutional authorities |
| Purpose | Recruitment to civil services and posts under the Union/States |
| Joint Commission | Possible for two or more States through legislation |
| Impartiality | Independent from the executive; governed by Articles 315–323 |
⚖️ Case Laws Related to Article 315 and Public Service Commissions:
🔹 Ram Jawaya Kapoor v. State of Punjab
AIR 1955 SC 549
Though not directly about PSCs, the Court recognized the constitutional role of commissions in a democratic setup.
Reaffirmed that recruitment and appointments must be constitutional and based on rules.
🔹 State of Mysore v. Syed Mahmood
AIR 1968 SC 1113
Issue: Whether the government is bound to consult the Public Service Commission.
Held: Consultation with PSC is mandatory in matters relating to recruitment, promotion, disciplinary action, etc., as per Article 320.
Significance: Though not every advice is binding, non-consultation renders the action invalid.
🔹 T.N. Public Service Commission v. R. Rajagopal
(1997) 2 SCC 383
Facts: Allegations of irregularities in PSC examinations.
Held: PSCs must maintain transparency and fairness; malpractices undermine public trust.
Significance: Reinforced PSC's duty of impartiality and public accountability.
🔹 Ajit Kumar v. Union of India
AIR 1980 SC 1193
Held: The advice of the Public Service Commission is not binding on the government, but non-consultation is unconstitutional.
🔹 Union of India v. Tulsiram Patel
AIR 1985 SC 1416
Relevance: Discussed exceptions to PSC consultation under Article 320(3)(c) when disciplinary action is being taken under emergency provisions.
Held: In certain cases, consultation may be dispensed with, but generally, it is expected.
🏛️ Related Articles in the Constitution:
| Article | Subject |
|---|---|
| 316 | Appointment and term of office of members |
| 317 | Removal and suspension of members |
| 318 | Power to make regulations for conditions of service |
| 320 | Functions of Public Service Commissions |
| 321 | Power to extend functions of PSCs |
| 323 | Reports to be submitted to President/Governor |
✅ Conclusion:
Article 315 establishes a federal structure for public recruitment services in India by creating independent constitutional bodies like the UPSC and SPSCs. It ensures:
Merit-based recruitment,
Political neutrality, and
Transparency in public employment.
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