Article 316 of the Costitution of India with Case law
Article 316 of the Constitution of India
Title: Appointment and term of office of members of Public Service Commissions (PSCs)
Bare Text Summary of Article 316:
Article 316 governs the appointment, tenure, and conditions of service of the members of the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSC).
🧾 Key Provisions of Article 316:
| Clause | Provision |
|---|---|
| 316(1) | The Chairman and other members of UPSC or a State PSC shall be appointed: |
In case of UPSC or Joint Commission → by the President
In case of State PSC → by the Governor of the State |
| 316(1A) | A person holding office as a member of a Public Service Commission shall be ineligible for reappointment to that office |
| 316(2) | Term of office:
6 years or until they attain the age of 65 years (for UPSC) or 62 years (for State PSC), whichever is earlier |
| 316(3) | A member may resign at any time by writing to the President (UPSC) or Governor (SPSC) |
| 316(4) | The Chairman continues to function until a new Chairman is appointed |
📌 Important Points:
Independence of PSCs is ensured through fixed tenure and constitutional protection.
Prevents arbitrary removal or reappointment.
Provides for smooth transition by allowing Chairman to continue till successor joins.
🧑⚖️ Important Case Laws on Article 316:
🔹 1. State of Punjab v. Salil Sabhlok, (2013) 5 SCC 1
Facts: The appointment of the Chairman of Punjab Public Service Commission was challenged on grounds of arbitrariness.
Held:
The Supreme Court ruled that appointments to PSCs must be made based on objective criteria and should not be arbitrary.
Transparency and credibility in the selection process is essential.
Emphasized constitutional morality and good governance under Article 316.
🔹 2. Ram Ekbal Sharma v. State of Bihar, AIR 1966 SC 1445
Held:
The Governor’s power to appoint members under Article 316 must be exercised fairly.
Even though appointment is an executive function, it is subject to constitutional limitations and judicial review.
🔹 3. Har Shankar v. State of Punjab, AIR 1975 SC 1121
Held:
Article 316 provides for independent functioning of PSCs.
The tenure and age limits are strictly binding and ensure stability and non-political functioning.
🔹 4. M. S. Gill v. Chief Election Commissioner, (1978) 1 SCC 405
(Though primarily about the Election Commission, this case reaffirmed that constitutional bodies like PSCs must operate free from executive influence.)
🧾 Practical Application:
A State cannot arbitrarily appoint or remove PSC members without following Article 316 and allied provisions like Article 317 (removal).
A person appointed as member of PSC cannot seek reappointment as member again.
✅ Conclusion:
Article 316 ensures that the Public Service Commissions remain independent, credible, and constitutionally protected. It lays down:
Who appoints the Chairman and members,
Tenure and retirement age,
Ineligibility for reappointment,
Resignation process, and
Continuity of office till a successor is appointed.
🔑 Key takeaway: Article 316 safeguards transparency and integrity in the appointment of constitutional watchdogs responsible for merit-based recruitment in government services.
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