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What is Article 320 of indian constitution

 

🧾 Article 320 of the Indian Constitution

Title: Functions of Public Service Commissions


📘 Purpose:

Article 320 defines the duties and responsibilities of:

  • UPSC (Union Public Service Commission)

  • SPSC (State Public Service Commissions)

  • JPSC (Joint PSCs)

These commissions act as advisory bodies and conduct recruitment exams for government services.


🔍 Key Functions under Article 320:

Clause Function
(1) Conduct examinations for appointments to services of the Union and States
(3) PSCs must be consulted on:
  • Methods of recruitment

  • Principles of appointments/promotions/transfers

  • Suitability of candidates

  • Disciplinary matters (dismissal, removal, etc.)

  • Claims for legal expenses related to service

  • Claims for pensions due to injury in service |
    | (4) | The President/Governor may make regulations that exclude any matter from PSC consultation |
    | (5) | These regulations must be laid before Parliament or State Legislature |


📊 Summary Chart: Article 320 – Functions of PSCs

Function Applies To
Conduct exams for civil services UPSC, SPSC, JPSC
Advise on recruitment methods ✅ Yes
Recommend promotions & transfers ✅ Yes
Handle disciplinary cases ✅ Yes
Examine legal cost/pension claims ✅ Yes
Can Govt exclude some posts by rules ✅ Yes (via regulation)

🧠 Important Points:

  • PSCs are advisory bodies, not decision-makers. Their recommendations are usually followed but not binding.

  • President or Governor can exempt certain posts (e.g., temporary, contractual) from PSC consultation.

  • Ensures merit-based recruitment and transparency in government hiring.


Examples:

Scenario PSC Role Under Article 320
Recruitment to IAS, IPS UPSC conducts the exam
Promotion of state lecturers to senior posts SPSC advises the state govt.
Disciplinary action against a public servant SPSC consulted for recommendation
Contractual data entry operator hired by govt. May be excluded via regulation

Here is a clear and informative 🔄 Flowchart for Article 320 of the Indian Constitution — outlining the functions of Public Service Commissions (UPSC, SPSC, JPSC):


🧾 🔄 Article 320 Flowchart

📌 Functions of UPSC / SPSC / JPSC

🧑‍⚖️ Public Service Commissions
        ⬇️
🔹 Conduct Examinations
   For recruitment to:
   - Union services (by UPSC)
   - State services (by SPSC)
        ⬇️
🔹 Advisory Role in:
   - Recruitment Methods
   - Appointments & Promotions
   - Transfers between services
   - Disciplinary Matters (dismissal/removal)
   - Legal Costs (defended while in service)
   - Pension Claims (injury-related)
        ⬇️
⚠️ Exceptions by Regulation
   ↳ President (UPSC) or Governor (SPSC)
   ↳ Can exclude any matter from PSC advice
   ↳ Must lay such regulation before Parliament/State Legislature

📊 Quick Recap Table

Function PSC Responsibility Binding?
Conduct exams for govt. jobs ✅ Yes 🔸 Usually followed
Advise on recruitment/promotion/transfer ✅ Yes 🔸 Advisory
Advise on disciplinary actions ✅ Yes 🔸 Advisory
Advise on service-related legal/pension claims ✅ Yes 🔸 Advisory
Exempt posts from PSC consultation ✅ By Govt. regulation ✅ Regulation binding

🧠 Important Notes:

  • PSCs ensure merit-based recruitment.

  • Their advice helps maintain transparency and fairness.

  • Governments can exclude certain posts from PSC purview for efficiency.