Article 319 of the Costitution of India with Case law
📘 Article 319 of the Constitution of India – Restrictions on Reemployment of Members of Public Service Commissions
🔹 Text of Article 319:
On ceasing to hold office—
(a) The Chairman of the Union Public Service Commission (UPSC) shall not be eligible for any further employment under the Government of India or a State.
(b) A member of the UPSC is eligible to be appointed as the Chairman of the UPSC, but not for any other employment under the Government of India or a State.
(c) The Chairman of a State Public Service Commission (SPSC) shall not be eligible for further employment under the Government of India or the Government of a State.
(d) A member of a SPSC is eligible to be appointed as the Chairman of the same or another SPSC or the UPSC, but not for any other employment under the Government of India or a State.
🧾 Purpose and Explanation:
Article 319 aims to ensure independence and impartiality of Public Service Commission members.
By restricting post-retirement government employment, it prevents conflict of interest and ensures commission members are not influenced by hopes of future appointments.
This is part of the broader intent behind Articles 315 to 323, which govern the structure and functioning of UPSC and SPSCs.
⚖️ Relevant Case Laws on Article 319:
🔹 **1. A.P. Public Service Commission v. B. Sarat Chandra, (1990) 2 SCC 669
Issue: Misconduct by a commission member.
SC emphasized the need for integrity and independence in public service commissions.
While not directly on Article 319, it reinforced the importance of safeguards like Article 319 in preserving institutional credibility.
🔹 **2. T.N. Public Service Commission v. R. Radhakrishnan, (2014) 13 SCC 745
Questioned the validity of appointments and conduct of commission members.
Court highlighted that constitutional provisions (including 319) reflect the need to maintain institutional discipline and autonomy.
🔹 **3. Union of India v. Tulsiram Patel, AIR 1985 SC 1416
Broad discussion on principles of natural justice and constitutional protections for public servants.
Referenced public service commissions and their independent role under the Constitution.
🔹 **4. State of Punjab v. Salil Sabhlok, (2013) 5 SCC 1
Though primarily about appointments to vigilance commissions, the Court drew parallels with UPSC/SPSC appointments, referencing Article 319 indirectly while emphasizing non-political, merit-based selections.
📝 Key Takeaways:
| Person | Post-Service Restriction |
|---|---|
| UPSC Chairman | ❌ No further govt job (Centre or State) |
| UPSC Member | ✅ Can become UPSC Chairman❌ Cannot take other govt job |
| SPSC Chairman | ❌ No further govt job (Centre or State) |
| SPSC Member | ✅ Can become SPSC or UPSC Chairman❌ Cannot take other govt job |
📊 Summary Table:
| Position | Eligible for UPSC Chairman? | Other Govt Jobs? |
|---|---|---|
| UPSC Chairman | ❌ No | ❌ No |
| UPSC Member | ✅ Yes | ❌ No |
| SPSC Chairman | ❌ No | ❌ No |
| SPSC Member | ✅ Yes (including UPSC Chair) | ❌ No |
🔎 Related Articles:
Article 315 – Public Service Commissions for the Union and States
Article 316 – Appointment and term of office
Article 317 – Removal and suspension
Article 320 – Functions of PSCs
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