Constituent Assembly Debates

Articles relating to constitution of Public Service Commission

Constituent Assembly of India met in the Constitution Hall New Delhi on 22 and 23^rd August 1949 under the chairmanship of Honourable Dr Rajendra Prasad to debate over the provisions drafted in the articles framed for the formation and functioning of the Public Service Commission. The participants of the debate were as follows:

Sri Lakshminarayan Sahu (Orissa: General)
Sri R K Sidhva ( C P & Berar : General)
Sri Naziruddin Ahmed ( West Bengal: Muslim)
Sri G S Guha (Tripura, Manipur and Khasi States)
Sri Brajeshwar Prasad (Bihar: General)
Dr Deshmukh ( C P & Berar: General)
Sri Lakshminarayan Sahu (Orissa: General)
Sri Chaudhri Ranbir Singh (East Punjab: General)
Sri Sardar Hukum Singh (East Punjab: Sikh)
Sri B N Munavalli ( Bombay State)
Sri Raj Bahadur (United States of Matsya)
Sri V I Muniswamy Oillai ( Madras: General)
Sri Kuladhar Chaliha (Assam: General)
Dr Manmohan Das ( West Bengal: General)
Sri Jaspat Roy Kapoor ( United Provinces: General)
Pandit Hirday Nath Kunzru ( United Provinces General)
Sri H V Kamath ( C P & Berar: General)

Constituent Assembly debated on original articles in the Draft Committee on the constitution of Public Service Commission such as

Article 284 on Forming UPSC/PSC/Joint PSC;
Articles 285,285A,285B and 285C on qualification, tenure, retirement age, removal, suspension, reemployment;
Article 286 on Functions of the Commission
Article 287 on extending the functions of the Commission;
Article 288 on Expenses of Commission
Article 288A on Submission of Annual Reports.

These are replaced with new set of articles from 315 to 323.

Constituent Assembly debates on 22-08-1949

VOLUME IX

Article 284 on Forming UPSC/PSC/Joint PSC:

284. (1) There shall be a Public Service Commission for the Union and a Public Service Commission for each State.

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States.

(2a) Any such law as aforesaid may contain such incidental and consequential provisions as may- appear necessary or desirable for giving- effect to the purposes of clause (2) of this article.

(3) The Public Service Commission for the Union, if requested serve all or any of the needs of the State.

(4) References in this, be construed as references to the Commission serving the needs of the Union or, as the case may be, State as respects the, particular matter in question.”

Articles 285, 285A, 285B and 285C on qualification, tenure, retirement age, removal, suspension, reemployment:

285 (1) Appointment and term of office of members: Chairman and other members of a Public Service Commission, Joint Commission

(2) Public Service Commission shall hold office for six years

285 (A) (1) Removal and suspension of a member of Public Service Commission …

(2) President in the case of the Union Commission or a Joint Commission and the Governor or Ruler in the case of a State Commission may suspend Chairman or any other member of the Commission

(3) Notwithstanding anything contained in clause (1) of this article, the President may, by order, remove Chairman and members for being insolvent, paid employment outside, infirmity of mind and body.

(4) For the purpose of clause (1) of this article, the Chairman or any other member of a Public Service Commission may be deemed to be guilty of misbehaviour.

285 B – President and Governor may determine the (a) number of members of commission. (b) make provision for the number of member of staff of the commission

285 C – On ceasing to hold office by members on ceasing to be such member and further employment

Constituent Assembly debates on 23-08-1949

VOLUME IX

286 – Function of Public Service Commission:

To conduct examination for appointment
UPSC to assist states in framing joint recruitment
UPSC and State PSC Consultation on

Recruitment,
Promotion and transfers
Disciplinary matters of person serving the government
Claim by person serving under India Government for any costs incurred by him
Pension matters

(4) Matters of reservation

(5) All regulations under (3) to be laid down before House of parliament or legislature

287– Power to extend the functions of Public Service Commission

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also of any local authority or other body corporate constituted by law or public institution.

288 – Expenses of the Public Service Commission

Expenses of Public Service Commission. The expenses of the Union or a State Public Service Commissions including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission shall be charged on the consolidated Fund of India or as the can may be, the State.

288 A – Submission of the Reports of Public Service Commission

It shall be the duty of the Union Commission to present a report, annually to the President.
It shall be the duty of a State Commission to present a report, annually to the Governor

Some important issues highlighted by members in the debate:

Member H V Kamath expressed that efforts should be made to make PSC completely independent of the Center and State.
Member Brajeshwar Prasad from Bihar said that “All officers in the Services must be servants of central government so that mischief of provincial autonomy can be in check. Provincial PSC – not able to prevent corruption, inefficiency, nepotism hence opposed to State PSCs whether individual or joint commission of States”.
Member Jaspat Raj Kapoor insisted that, the said provision, “at least one-half of the members”, had a revision in the resolution held in 1948, in the conference of Public Service Commission that, “in order to provide for the representation of interests involved, this provision should now be amended so as to provide one-third in place of one-half occurring in the first line of the proposal”. It is said that hence Ambedkar was forced to change the condition that, “at least one-half was changed to “as nearly as may be one-half”.
Member, Lakshminarayan Sahu: Independent and impartial commission will be the only security against any favouritism or nepotism. Highlighted the migration and refugee issues in Punjab and being backward in education, requested special provision for the State. (Note: This state later is known for the extreme corruption cases in Its PSC)
Member Chaudri Ranbir Singh suggested that, in view of Punjab problem, PSC should have members from rural places to the extent of 60 to 70%. As far as Nepotism is concerned, he says, it would continue even in future, it is not so easy to check it as imagined. ( Note: The future could be already seen by the members)
B N Munavalli (Bombay States) suggested the importance of US-based practical side of recruitment. He also said that India’s circumstances were different. Community representation was important in a country where there are 3 classes – Advanced/ Intermediate / Backwards classes. Tests can be held each category wise.
Member Brajeshwar Prasad criticised Ambedkar’s idea of greater power to central then to the provinces.
Member Naziruddin Ahmad said – “The total strength of the PSC is either 3 or 5 so that if there are three members, half of them are govt servants and if there were 5 members, three were govt servants. ( Note: Smaller the size lesser the political influence) Also added that – “Ambedkar developed great deal of regard and affection to Govt servants and unduly influenced by views of govt servants”
Member Pandit Hirday Nath Kunzru suggested – Governor or Ruler members and staff of the State may, by regulations, determine the number of the Commission members of the Commission and their conditions of service and the number of members of the staff of the Commission.

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