Constitution 316 — Appointment and term of office of members

The Constitution of India, 1950

Statutory text

(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 person
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 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.

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