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Question 21 of 60 · Constitutional & Statutory Bodies
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The procedure for the removal and suspension of the Chairman or a member of a Public Service Commission is laid down in:

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Answer: Option B — Article 317

Detailed Solution

Article 317 deals with the removal and suspension of a member of a Public Service Commission.

Removal on the ground of misbehaviour:

  • The Chairman or any other member of the Union Public Service Commission (UPSC) or a State Public Service Commission can be removed from office by order of the President on the ground of misbehaviour.
  • Before this, the President must refer the matter to the Supreme Court for an inquiry.
  • If the Supreme Court, after inquiry, upholds the cause of removal and advises so, the President can remove the member.
  • The advice of the Supreme Court is binding on the President.

Suspension during the inquiry:

During the inquiry by the Supreme Court, the President (in the case of the UPSC or a Joint Commission) or the Governor (in the case of a State Commission) can suspend the member.

Other grounds of removal:

  • The President can also remove the Chairman or a member of a Public Service Commission without referring the matter to the Supreme Court if he or she:
  • is adjudged an insolvent;
  • engages, during the term of office, in any paid employment outside the duties of the office; or
  • is, in the opinion of the President, unfit to continue in office because of infirmity of mind or body.

Meaning of misbehaviour:

A member is deemed guilty of misbehaviour if he or she is interested in any contract or agreement made by the government, or shares in its profit.

Why such protection:

  • The members of the Public Service Commissions must be independent and impartial in recruiting civil servants.
  • Protecting them from arbitrary removal helps them to work without fear of political pressure.
  • Although the members of a State Public Service Commission are appointed by the Governor, they can be removed only by the President.

Why not the other options?

  • ✗Article 316 deals with appointment and term; Article 318 with conditions of service; Article 319 with restrictions on further employment.

Quick tip

Remember: Article 317 = removal and suspension of members of Public Service Commissions (by the President, after an inquiry by the Supreme Court for misbehaviour).

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Constitutional & Statutory Bodies — Preparation

This question tests your understanding of Constitutional & Statutory Bodies, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers bodies set up under the Constitution, such as the Election Commission, UPSC, Finance Commission, Comptroller and Auditor General and the national commissions for Scheduled Castes and Scheduled Tribes, and statutory or executive bodies such as NITI Aayog, the NHRC, the CVC, the CBI and Lokpal. Questions often ask whether a body is constitutional or not, which article creates it, who appoints its head and for how long. For example, the CAG is appointed under Article 148, the Finance Commission under Article 280, and NITI Aayog replaced the Planning Commission in 2015 by an executive resolution. Practise the constitutional and statutory bodies questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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