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What is Article 316 of indian constitution

 

🧾 Article 316 of the Indian Constitution

Title: Appointment and term of office of members of Public Service Commissions


📘 Purpose:

Article 316 deals with the appointment, tenure, eligibility, and retirement of the Chairperson and members of:

  • Union Public Service Commission (UPSC)

  • State Public Service Commissions (SPSC)

  • Joint Public Service Commissions (JPSC)


🔍 Key Provisions of Article 316:

Clause Provision
(1) The Chairman and members of UPSC are appointed by the President; for SPSC, by the Governor.
(1A) In the case of a Joint PSC, appointment is made by the President.
(2) Tenure of office is 6 years or until the age of 65 years (for UPSC) / 62 years (for SPSC), whichever is earlier.
(3) Resignation is submitted to the President (UPSC) or Governor (SPSC).
(4) Removal from office only by the President, and only as per Article 317 (next article).
(5) A member (except the Chairman) who completes term is ineligible to hold further office in the same PSC. But can become Chairman.

📊 Summary Chart: Article 316

Feature Details
Applies To UPSC, SPSC, JPSC
Who Appoints? - UPSC & JPSC → President - SPSC → Governor
Tenure - UPSC → 6 years or 65 years - SPSC → 6 years or 62 years
Resignation Given To - UPSC/JPSC → President - SPSC → Governor
Removal Only by President, as per Article 317 (on proven misbehavior or incapacity)
Reappointment Rules - Member can become Chairman - Chairman cannot hold further PSC office

🧠 Example Scenarios:

Scenario What Happens?
UPSC Chairman turns 65 before 6 years of service He retires at 65 (whichever is earlier)
State PSC member resigns voluntarily Resignation submitted to Governor
PSC member removed due to misconduct Can only be done under Article 317 by President
A UPSC member is promoted to Chairman of UPSC ✅ Allowed

📌 Important Notes for Exams:

  • Age limit UPSC: 65 years

  • Age limit SPSC: 62 years

  • Member → Chairman ✅

  • Chairman → any future PSC post ❌


Here is a clear and concise 📊 Comparison Chart of Articles 315 & 316 of the Indian Constitution — covering Public Service Commissions (PSCs):


🧾 Articles 315 & 316 – Public Service Commissions (UPSC, SPSC, JPSC)

Aspect Article 315 Article 316
Title Public Service Commissions for Union & States Appointment and Term of Office of PSC Members
Purpose Establishes UPSC, SPSC, and JPSC Governs appointment, tenure, resignation, & removal of PSC members
Level of PSCs Union (UPSC), State (SPSC), Joint (JPSC for two or more states) Applies to all types: UPSC, SPSC, JPSC
Appointing Authority UPSC/JPSC → President SPSC → Governor Same: UPSC/JPSC → President SPSC → Governor
Tenure of Members Not specified - UPSC: 6 years or until age 65 - SPSC: 6 years or until age 62
Resignation Authority Not mentioned UPSC/JPSC → President SPSC → Governor
Removal Process Not specified Only by President, per Article 317
Post-Service Rules Not covered - Member → can become Chairman ✅ - Chairman → cannot hold any PSC office ❌

🧠 Quick Notes for Exams & Bloggers:

  • Article 315 sets up the PSC institutions

  • Article 316 defines how PSC members are appointed and how long they serve

  • UPSC age limit = 65 years

  • SPSC age limit = 62 years

  • JPSC: Used rarely, but allowed with mutual agreement of states