Constitution Section 378 — Provisions as to Public Service Commissions
Part XXI — TEMPORARY, TRANSITIONAL AND — SPECIAL PROVISIONS
Constitutional
Summary
When the Constitution came into effect, the people who were already serving as members of the Public Service Commission for the whole of India before that date automatically became members of the new Union Public Service Commission, unless they chose otherwise. They would continue in their positions until their original term ended, as set by the rules that applied before the Constitution started, even though the usual rules about how long members can serve would normally apply. The same rule applied to members of provincial Public Service Commissions or commissions serving a group of provinces—they automatically became members of the corresponding state or joint state commission, unless they chose otherwise, and kept their jobs until their original term expired under the old rules.
Official Text
(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses
(1) and
(2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
(2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses
(1) and
(2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.