Article 317 of Indian Constitution, Provisions, Judgements, Significance

Article 317 of the Indian Constitution deals with the removal and suspension of the Chairman and members of Public Service Commissions (including the Union Public Service Commission and State Public Service Commissions)

Article 317 of the Indian Constitution Key Provisions

Removal on the Ground of Misbehaviour: Article 317(1) states that 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 subject to the provisions of Article 317(3). Before removal, the President must refer the matter to the Supreme Court of India, which conducts an inquiry in accordance with the procedures under Article 145.

The President can issue a removal order only if the Supreme Court recommends it.

Suspension During Inquiry: Article 317(2) provides for the suspension of a member during the Supreme Court inquiry.

• For the Union or Joint Public Service Commission, the President may suspend the member.
• For a State Public Service Commission, the Governor may suspend the member.

The suspension is temporary and continues only until the President receives the Supreme Court’s report and makes a final decision. This provision safeguards both the integrity of the inquiry and the effective functioning of the Commission.

Removal on Other Grounds: Article 317(3) allows the President to remove a member without a Supreme Court inquiry in certain circumstances:

• If the member is declared insolvent.
• If the member engages in paid employment outside the duties of the office.
• If the member is, in the President’s opinion, unfit to continue in office by reason of infirmity of mind or body.

Misbehaviour and Conflict of Interest: Article 317(4) specifies what constitutes misbehaviour. A member is considered guilty of misbehaviour if they:

• Are 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 
• Derive any profit or benefit from such contracts, except where the interest arises solely as a member of a company shared with others.

This provision ensures that Public Service Commissions members act with impartiality and do not have any conflicts of interest that could compromise the recruitment process.

Judgements Related to Article 317 of the Indian Constitution

In RE: Mepung Tadar Bage, the Supreme Court examined a Presidential reference under Article 317 of the Constitution seeking the removal of Ms. Mepung Tadar Bage, a member of the Arunachal Pradesh Public Service Commission, on grounds of alleged misbehaviour relating to the leakage of a Public Service Commission examination question paper. The Supreme Court clarified that: 

• Misbehaviour under Article 317 requires proof of specific individual acts attributable to the member concerned, not merely systemic or procedural lapses affecting the Commission. 
• Collective responsibility of the Commission does not automatically translate into individual misbehaviour of every member. 
• Mere institutional failings or administrative inefficiencies are not sufficient to justify removal; there must be cogent evidence showing individual conduct undermining the office.

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Article 317 of the Indian Constitution Significance

Article 317 is significant because it: 

• Safeguards Institutional Autonomy: Article 317 ensures that the Chairman and members of Public Service Commissions cannot be removed arbitrarily, thereby preserving the independence and impartiality of these constitutional bodies.
• Accountability: The article provides clear grounds for removal, including misbehaviour, insolvency, outside employment, or physical/mental incapacity, making members accountable while in office.
• Prevention of Conflict of Interest: The explicit provision that involvement in government contracts constitutes misbehaviour ensures that PSC members act free from personal or financial bias, thereby maintaining integrity in public administration.
• Maintains Credibility of Recruitment: By protecting ethical and competent functioning of PSCs, Article 317 ensures a fair, merit-based recruitment system in civil services, which is crucial for effective governance.