Article 318 of the Costitution of India with Case law
🇮🇳 Article 318 of the Constitution of India
Topic: Power to make regulations for the conditions of service of members and staff of the Union and State Public Service Commissions
(Found in Part XIV – Services under the Union and the States)
🔹 Text of Article 318 (Simplified):
The President (in case of Union Public Service Commission – UPSC) or the Governor (in case of a State Public Service Commission – SPSC) may make regulations:
Determining the number of members of the Commission;
Conditions of service of the Chairman and members;
Staff appointments and their service conditions;
And any other matters required for the Commission’s functioning.
🟢 These regulations have the force of law but are subject to the provisions of the Constitution.
🧾 Purpose of Article 318:
To provide administrative flexibility in managing UPSC and State PSCs.
Ensures that service conditions and internal structure of Commissions can be tailored by the executive without going through Parliament or State Legislatures.
📌 Key Features:
| Aspect | Description |
|---|---|
| Who frames regulations? | President (UPSC) / Governor (SPSC) |
| What do regulations cover? | Members’ strength, terms, appointment of staff, etc. |
| Legal force? | Yes – Regulations have statutory force |
| Subject to? | Must comply with the Constitution |
⚖️ Important Case Laws Related to Article 318:
🔹 1. State of Punjab v. Salil Sabhlok, (2013) 5 SCC 1
Issue: Challenge to appointment procedure and functioning of Punjab PSC.
Held: Although the Governor has powers under Article 318, these must be exercised in line with constitutional principles of fairness and transparency.
Key takeaway: Regulations under Article 318 cannot override constitutional mandates like equality under Article 14.
🔹 2. State of Mysore v. V. Gopalaswamy, AIR 1968 SC 922
Held: Regulations made under Article 318 are administrative in nature, but they have binding force and can be reviewed by courts for arbitrariness or violation of fundamental rights.
🔹 3. Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851
Although not directly on Article 318, the Court emphasized that regulatory powers under the Constitution must follow due process, and be in line with constitutional values.
🔹 4. R.S. Dass v. Union of India, AIR 1987 SC 593
The Court held that the President’s power under Article 318 is broad, but not absolute — it must not infringe on judicial independence or violate service rules already established by law.
✅ Summary Table:
| Feature | Details |
|---|---|
| Article | 318 |
| Applies to | UPSC and State PSCs |
| Regulation Power Vested In | President (UPSC), Governor (SPSC) |
| Covers | Member strength, service conditions, staff regulations |
| Subject to | The Constitution and Judicial Review |
| Nature | Delegated legislation with statutory force |
🧭 Practical Impact:
Article 318 empowers the executive to govern and manage the functioning of Public Service Commissions without amending laws.
However, these powers are subject to constitutional scrutiny, especially under Article 14 (Equality) and basic service jurisprudence.
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