Article 317 In English | Article 317 Of Indian Constitution In English | What Is Article 317

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Article 317 Of Indian Constitution In English

Article 317 – Removal and suspension of a member of a Public Service Commission.
(1) Subject to the provisions of clause ( 3 ), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Commissioner a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause ( 1 ) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything in clause ( 1 ), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,
(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause ( 1 ), be deemed to be guilty of misbehaviour.

Indian Constitution part 14 articles

Article 317 In English

317 Article – Removal and suspension of any member of Public Service Commission.
(1) Subject to the provisions of clause (3), the Chairperson or any other member of a Public Service Commission shall be removed from his office only after reference has been made by the Supreme Court on the ground of misbehavior by order of the President. An inquiry has been made by the President in accordance with the procedure laid down in that behalf under article 145, report is given that the Chairperson or such other member, as the case may be, should be removed on any such ground.
(2) The Chairman, a Joint Commission in the case of a Union Commissioner, and the Governor in the case of a State Commission, may suspend from office the Chairperson or any other member of the Commission in respect of which a reference is made to clause (1) under the Supreme Court, unless the President has passed an order on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in clause (1), the President may, by order, remove from office the Chairperson or any other member of the Public Service Commission if the Chairperson or such other member, as the case may be,
(a) has been declared an insolvent; either
(b) engages in any paid employment outside the duties of his office during the term of his office; either
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) If the Chairperson or any other member of the Public Service Commission is in any way connected with or interested in or takes part in any contract or agreement entered into by or on behalf of the Government of India or the Government of any State thereof As a member in profit or in any profits or emoluments arising out of and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehavior.

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 317 Of Indian Constitution?

Article 317 Debate Summary

Draft Article 285A (Article 317 of the Constitution of India 1950) was not included in the draft Constitution 1948. It was introduced by the Chairman of the Drafting Committee on 22 August 1949. It laid down the manner in which the Public Service may be a member of the Commission. suspended or removed. The President was empowered to remove a member of the Public Service Commission in two cases – (i) evidence of misconduct and (ii) automatic disqualification. The grounds for automatic disqualification were (i) being declared insolvent, (ii) of infirmity of mind or body or (ii) taking up any other employment during the period of membership of the Public Service Commission.

One member felt that the phrase ‘only to be removed’ should be replaced with ‘may be removed’. The assembly did not discuss this suggestion.

Another member proposed that the phrase ‘abuse or infirmity of mind or body’ be replaced with the words ‘abuse or incapacity’ as the phrase was colloquial. The House rejected this amendment without any debate. The draft article was adopted on the same day.

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