Constitution 317 — Removal and suspension of a member of a Public Service Commission

The Constitution of India, 1950

Statutory text

(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 Commission or 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.

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