320. Functions of Public Service Commissions.—
(1) It shall be the
duty of the Union and the State Public Service Commissions to conduct
examinations for appointments to the services of the Union and the services of
the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in framing
and operating schemes of joint recruitment for any services for which
candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted—
181 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
(a) on all matters relating to methods of recruitment to civil
services and for civil posts;
(b) on the principles to be followed in making appointments to
civil services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or
has served under the Government of India or the Government of a State
or under the Crown in India or under the Government of an Indian State,
in a civil capacity, that any costs incurred by him in defending legal
proceedings instituted against him in respect of acts done or purporting
to be done in the execution of his duty should be paid out of the
Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India or
the Government of a State or under the Crown in India or under the
Government of an Indian State, in a civil capacity, and any question as to
the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter
so referred to them and on any other matter which the President, or, as the case
may be, the Governor 1*** of the State, may refer to them:
Provided that the President as respects the all-India services and also as
respects other services and posts in connection with the affairs of the Union,
and the Governor 2***, as respects other services and posts in connection with
the affairs of a State, may make regulations specifying the matters in which
either generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to be
consulted.
(4) Nothing in clause
(3) shall require a Public Service Commission to
be consulted as respects the manner in which any provision referred to in
clause
(4) of article 16 may be made or as respects the manner in which effect
may be given to the provisions of article 335.
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The words "or Rajpramukh, as the case may be" omitted by s. 29 and Sch. ibid.
(w.e.f. 1-11-1956).
182 THE CONSTITUTION OF INDIA
(Part XIV.—Services under the Union and the States)
(5) All regulations made under the proviso to clause
(3) by the President
or the Governor 1*** of a State shall be laid for not less than fourteen days
before each House of Parliament or the House or each House of the Legislature
of the State, as the case may be, as soon as possible after they are made, and
shall be subject to such modifications, whether by way of repeal or amendment,
as both Houses of Parliament or the House or both Houses of the Legislature of
the State may make during the session in which they are so laid.
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