Article 322 of the Costitution of India with Case law
Here is a detailed explanation of Article 322 of the Constitution of India, along with relevant case law:
🇮🇳 Article 322 – Expenses of Public Service Commissions
🔹 Text of Article 322:
"The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State."
🔍 Explanation:
✅ Purpose:
Article 322 ensures financial independence of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) by charging their expenses directly to the Consolidated Fund, thereby:
Preventing interference by the executive.
Guaranteeing stable functioning of these constitutional bodies.
Upholding neutrality and autonomy in civil services recruitment.
✅ Key Features:
| Feature | Description |
|---|---|
| Applies To | UPSC and State PSCs |
| Source of Funds | Consolidated Fund of India (for UPSC) or State (for PSCs) |
| Includes | Salaries, pensions, allowances, administrative expenses |
| Charged Expenditure | Not subject to vote in Parliament or State Legislature |
💡 What is "Charged" vs "Voted" Expenditure?
Charged Expenditure: Automatically debited from the Consolidated Fund; not put to vote (e.g., President’s salary, judiciary expenses, UPSC expenses).
Voted Expenditure: Requires legislative approval via annual appropriation bill.
⚖️ Relevant Case Law on Article 322:
🔹 Union of India v. R. Gandhi, President, Madras Bar Association (2010)
Citation: (2010) 11 SCC 1
Relevance:
While the case primarily dealt with judicial independence, the Supreme Court compared constitutional bodies (like UPSC) and emphasized the importance of financial security under provisions like Article 322.
Held that financial autonomy is crucial for institutional independence.
🔹 T.N. Public Service Commission v. A. Vaidyanathan (1995)
Citation: AIR 1995 SC 1237
Held:
Dealt with functioning and independence of State PSC.
The Court stressed that constitutional provisions like Article 322 secure financial autonomy, helping ensure fair, impartial recruitment processes.
🔹 State of Punjab v. Salil Sabhlok (2013)
Citation: (2013) 5 SCC 1
Relevance:
In context of appointment to PSCs, the Supreme Court emphasized the need for integrity and autonomy of these commissions, made possible by safeguards such as financial independence under Article 322.
📌 Summary Table:
| Aspect | Details |
|---|---|
| Article | 322 |
| Applies to | UPSC and State PSCs |
| Expenses Covered | Salaries, pensions, allowances, staff, operations |
| Source | Consolidated Fund of India/State |
| Nature of Expense | Charged – not voted |
| Purpose | Ensure financial independence and autonomy |
🧠 Conclusion:
Article 322 plays a crucial role in safeguarding the autonomy of India’s Public Service Commissions. By insulating their finances from legislative approval, the Constitution ensures that UPSC and State PSCs can function independently and impartially. Courts have consistently recognized this protection as vital to uphold integrity in civil services recruitment.
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