What is Article 317 of indian constitution

 

🧾 Article 317 of the Indian Constitution

Title: Removal and suspension of a member of a Public Service Commission

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📘 Purpose:

Article 317 lays down the procedure for removal and suspension of the Chairman or any member of:

• Union Public Service Commission (UPSC)

• State Public Service Commission (SPSC)

• Joint Public Service Commission (JPSC)

It ensures that PSC members cannot be removed arbitrarily, maintaining the independence and integrity of the institution.

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🔍 Key Provisions of Article 317:

Clause	Provision
(1)	The President (for UPSC/JPSC) or Governor (for SPSC) can remove the Chairman or any member only on grounds of misbehavior, after an inquiry by the Supreme Court. The SC must report that the person should be removed.
(2)	The President/Governor may suspend the member during the inquiry.
(3)	A PSC member may also be removed if they:

• Are adjudged insolvent (bankrupt), or

• Take up paid employment outside their duties, or

• Are unfit due to infirmity of mind or body.
  For these cases, no SC inquiry is needed. |
  | (4) | The decision of the President or Governor is final and binding. |

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📊 Summary Chart: Article 317

Grounds for Removal	Procedure Required	Authority Involved
Misbehavior	Inquiry by Supreme Court & recommendation	President (UPSC/JPSC) or Governor (SPSC)
Insolvency	No inquiry needed	Direct removal
Paid employment during term	No inquiry needed	Direct removal
Physical or mental incapacity	No inquiry needed	Direct removal
Suspension during inquiry	Allowed during SC inquiry	President/Governor

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🧠 Why Article 317 Matters:

• Protects the independence of PSCs from political interference

• Ensures removal only in serious, proven cases

• Follows a fair inquiry procedure (similar to judges)

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✅ Example Scenarios:

Scenario	Allowed under Article 317?
A UPSC member is found corrupt — SC inquiry recommends removal	✅ Yes, removal allowed after SC recommendation
SPSC Chairman becomes mentally unfit	✅ Yes, can be removed directly (Clause 3)
A member takes up a private job while in office	✅ Yes, can be removed immediately
A PSC member is suspended during ongoing SC inquiry	✅ Yes, suspension allowed under Clause 2

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Here is a clear and easy-to-understand 🔄 Flowchart of Article 317 — outlining the Removal & Suspension Process of PSC (Public Service Commission) members:

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🧾 🔄 Article 317 Flowchart

Removal & Suspension of UPSC / SPSC / JPSC Members

🧑‍⚖️ PSC Member Accused of Misconduct / Unfitness
               ⬇️
🔍 Is the allegation about "Misbehavior"?
               ⬇️
          ✅ YES                            ❌ NO
           ⬇️                                 ⬇️
🧵 Refer case to Supreme Court          📋 Check for other reasons:
     for inquiry & report                    - Insolvency?  
                                             - Paid employment?
                                             - Physical/Mental unfitness?
           ⬇️                                 ⬇️
👨‍⚖️ Supreme Court holds inquiry           📌 If YES → Removal without SC inquiry
           ⬇️
📢 SC Reports: “Should be Removed”
           ⬇️
✅ President (for UPSC/JPSC) or  
✅ Governor (for SPSC)
orders REMOVAL

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⚠️ SUSPENSION Clause

🛑 During SC Inquiry on Misbehavior → 
🔸 President (UPSC/JPSC)  
🔸 Governor (SPSC)  
➡️ Can Suspend the member

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🧠 Summary Table: Removal Grounds in Article 317

Ground for Removal	Supreme Court Inquiry Needed?	Authority for Action
Misbehavior	✅ Yes	President / Governor
Insolvency (Bankruptcy)	❌ No	President / Governor
Paid Employment (Conflict)	❌ No	President / Governor
Mental/Physical Unfitness	❌ No	President / Governor

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