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Article 316 Of Indian Constitution In English
Article 316 – Appointment and term of office of members.
(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some persons appointed under clause ( 1 ) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State in the case of a State Commission, may appoint for the purpose.
(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty five years, and in the case of a State Commission or a Joint Commission, the age of sixty two years, whichever is earlier: Provided that.
(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause ( 1 ) or clause ( 3 ) of Article 317.
(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re appointment to that office.
Article 316 In English
316 Article – Appointment and tenure of members.
(1) The Chairperson and other members of the Public Service Commission shall be appointed by the President, in the case of a Union Commission or a Joint Commission, and, in the case of a State Commission, by the Governor of the State: Provided that from amongst the members of each Public Service Commission, About half shall be persons who, on the dates of their respective appointments, have held office under the Government of India or the Government of a State for not less than ten years, and in counting the said period of ten years any period preceding the commencement of this Constitution shall also include the period during which a person has held office in India under the Crown or under the Government of an Indian State.
(1A) If the office of the Chairperson of the Commission becomes vacant or if any such Chairperson is, by reason of absence or for any other reason, unable to perform the duties of his office, those duties shall, unless certain persons ) is not appointed. ) is entered on his duties for the vacant post or, as the case may be, until the Chairman has resumed his duties, as Chairman by one of the other members of the Commission, in the case of the Union Commission in or a Joint Commission, and in the case of a State the Governor of the State may, in the case of a State Commission, appoint for the purpose.
(2) A member of the Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains the age of sixty-five years in the case of a Union Commission, and Provided that in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:
(a) a member of a Public Service Commission may, under his signature, address to the President, in the case of a Union Commission or a Joint Commission, and, in the case of a State Commission, to the Governor of a State. , resign from his post;
(b) a member of the Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317.
(3) Any person who holds office as a member of the Public Service Commission shall, on the expiry of the term of his office, be ineligible for reappointment to that post.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 316 Of Indian Constitution?
In Article 316 you see “Appointment and term of office of members” that means (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, more above.
Article 316 Debate Summary
Draft Article 285 (Article 316, Constitution of India 1950) was debated on 22 August 1949. The draft Article regulated the appointment and composition of the members of the Public Service Commission.
The chairman of the drafting committee introduced an amendment to split the draft article and split them into separate articles. The amended draft Article 285 provides for the appointment and tenure of office members of the Public Service Commission.
One member felt that only civil servants benefited from the provision which states that half the members of the commission should hold office for at least 10 years under the state government or the central government. The Chairman replied saying that this provision is not for the benefit of civil servants and it is necessary for those having experience to be in the Commission.
An amendment was introduced to change the requirement of members to ‘about half as much as possible’. The Assembly passed this amendment and it was adopted in Article. The amended draft article was added to the Constitution on the same day.
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