Constitution Section 317 — Removal and suspension of a member of a Public Service Commission
Part XIV — SERVICES UNDER THE UNION AND THE STATES — CHAPTER II.— PUBLIC SERVICE COMMISSIONS
Administrative Law
Summary
The Chairman or a member of a Public Service Commission can only be removed by the President on grounds of misbehaviour, and only after the Supreme Court investigates the matter and reports that removal is justified. While the Supreme Court is investigating, the President (for Union or Joint Commissions) or the Governor (for State Commissions) can suspend that person until the President decides based on the Supreme Court’s report. The President can also remove a Chairman or member if they become bankrupt, take outside paid work during their term, or are considered unfit due to mental or physical illness. If a Chairman or member becomes involved in any government contract or profits from it in a way not allowed for all members of a company, that is treated as misbehaviour for removal purposes.
Official Text
(1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.