Article 315 of Indian Constitution: Public Service Commission for Union & States

Article 315 plays an important role under Part XIV of the Constitution. Article 315 of Indian Constitution provides for establishment of Public Service Commissions at both the Union and State levels. The Commissions are mainly responsible for recruiting individuals to the civil services and other government posts. In order to maintain efficiency and promote cooperative federalism the Constitution also allows the formation of Joint State Public Service Commissions (JSPSCs) for two or more States. It ensures a structured and consistent mechanism for public employment across the country. Explore in-depth analysis of other Constitutional Articles

Article 315 of Indian Constitution

Public Service Commissions for Union and for the States

(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State. 

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States

(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law. 

(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State. 

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Article 315 of Indian Constitution has the following clauses which defines the framework for establishing and functioning of Public Service Commissions across the country. It ensures both autonomy and intergovernmental cooperation in civil service recruitment.

• Article 315 Clause 1 mandates the establishment of the Union Public Service Commission (UPSC) for the Central Government and State Public Service Commission (SPSC) for each individual State . It guarantees a dedicated constitutional body for supervising recruitment and related matters in public services.
• Article 315 of Indian Constitution Clause 2 allows two or more States to form Joint State Public Service Commission through mutual agreement. If each participating State Legislature passes a resolution then the Parliament can legislate to constitute a JSPSC to serve those States collectively.
• Article 315 of the Constitution Clause 3 empowers the Parliament to include additional provisions in such laws which are incidental or necessary to implement and operate a Joint State Public Service Commission effectively.
• Article 315 of Indian Constitution Clause 4 authorizes the UPSC to extend its services to State but only upon the request from that State’s Governor and with the approval of the President. It supports States that may lack the infrastructure or resources to manage recruitment independently.
• Lastly it also explains that all constitutional references to UPSC or a State PSC will include the Joint State PSC wherever applicable.

Download 5 Key take aways on Article 315 of Indian Constitution PDF

Article 315 of Indian Constitution Significance

Article 315 plays an important role in transforming the Indian civil service recruitment framework . It not only ensures balanced distribution of responsibilities between Union and States but also promotes cooperation, efficiency and adaptability in public service administration . Its important contributions include

• Ensures Standardization : By mandating the establishment of Public Service Commissions at both Union and State levels, Article 315 of Indian Constitution ensures a uniform standard of recruitment and fair selection procedures in civil services
• Promotes Cooperation Among States: The provision for Joint State Public Service Commissions reflects a spirit of federal cooperation
• Strengthens Administrative Efficiency: By allowing the UPSC to assist State PSCs, Article 315 promotes efficient functioning and helps maintain recruitment quality across all States, even in the absence of a full-fledged State PSC.
• Constitutional Flexibility: Article 315 of Indian Constitution introduces flexibility in the recruitment process, permitting structural arrangements tailored to the administrative needs of different States without compromising on constitutional principles.

There are no landmark judgments that deal exclusively with the interpretation of Article 315 of Indian Constitution. However, various courts have referred to the provision of Article 315 of the Constitution in passing and addressing broader issues related to the functioning and autonomy of Public Service Commissions.

Conclusion

Article 315 of Indian Constitution serves as the constitutional foundation for establishing Public Service Commissions in India. It ensures a structured, fair, and efficient recruitment process at both Union and State levels, promoting cooperative federalism and administrative flexibility.