Article 323 In English | Article 323 Of Indian Constitution In English | What Is Article 323

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Article 323 Of Indian Constitution In English

Article 323 – Reports of Public Service Commissions.
(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reason for such non acceptance to be laid before each House of Parliament.

(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non acceptance to be laid before the Legislature of the State PART XIVA TRIBUNALS.

Indian Constitution part 14 articles

Article 323 In English

323 Article – Reports of Public Service Commissions.
(1) It shall be the duty of the Union Commission to present annually to the President a report as to the business done by the Commission and on receipt of such report the President shall submit a copy thereof together with a memorandum in respect of which such matters, if Where the advice of the Commission was not accepted, the reason for such rejection should be laid before each House of Parliament.
(2) It shall be the duty of the State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of the Joint Commission to present annually to the Governor of each. The States whose needs are to be fulfilled by the Joint Commission a report as to the work done by the Commission in relation to that State, and in any case the Governor shall, on receipt of such report, with a copy thereof in respect of the matters Memorandum, if any, before the Legislature of the State Part XIV Tribunal explaining the reasons for such rejection, where the advice of the Commission was not accepted.

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What Is Article 323 Of Indian Constitution?

Article 323 Debate Summary

The draft Article 288A (Article 323 1950 of the Constitution of India) was not included in the draft Constitution 1948. It was introduced by the Chairman of the Drafting Committee on 23 August 1949. The draft Article 288A states that the Union and State Public Service Commissions shall submit an annual Report to the President or the Governor with the details of the work done by the Commission in that year. If any of the advice of the Commission is not accepted, the President or the Governor shall submit a report to the Parliament or the State Legislature with explanation.

The members withdrew their amendments and the same day the Assembly adopted the draft Article 285C. One member supported the inclusion of this draft article as he believed that it was important for the members of Parliament and the general public to know what the recommendations of the commission were and why they were rejected. Another member felt that if the executive arbitrarily disregarded the advice of the commission, this draft article would help Parliament criticize the executive’s actions.

Another member remarked that even before the Constitution came into force, the provisions of this draft Article should be complied with – the recommendations of the Federal Service Commission should be accepted or a reasonable explanation provided for its rejection. The draft Article 288A was adopted on the same day without any amendments.

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