Public Service Commissions for the Union and for the States

Article 284, Draft Constitution of India 1948

(1) Subject to the provisions of this article 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-

(a) That there shall be one Public Service Commission for that group of States; or

(b) That the Public Service Commission for one of the States shall serve the needs of all the States; and any such agreement may contain such incidental and consequential provisions as may appear necessary or desirable for giving effect to the purposes of the agreement and shall, in the case of an agreement that there shall be one Commission for a group of States, specify by what Governor or Governors the functions which are under this Part of this Constitution to be discharged by the Governor of a State are to be discharged.

(3) The Public Service Commission for the Union if requested so to do by the Governor of a State may, with the approval of the President, agree to serve all or any of the needs of the State.

(4) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union, or, as the case may be, the State as respects the particular matter in question.

Article 315, Constitution of India 1950

(1) Subject to the provisions of this article, 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, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

⁠(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.

⁠(4) The Public Service Commission for the Union, if requested so to do by the Governor or Rajpramukh of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.

⁠(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

Draft Article 284 (Article 315 Constitution of India 1950) was debated on 22 August 1949. It stated that Union and State Public Service Commissions would be constituted. Two or more States could have one common Public Service Commission. Further, on receiving a request from the Governor of a State, the Union Public Service Commission could also address the needs of a particular State.

The Assembly President proposed to include the requirement for the State legislature to pass a resolution to set up a common Public Service Commission for two or more States. This joint public service commission would be set up by Parliament. Since the general principle was that each State should have its own Public Service Commission, any deviation from the same should be authorized by the respective legislatures.

Some Members felt that the involvement of Parliament to set up a joint public service commission was unnecessary interference in provincial affairs. However, another Member believed that public services should be centralized and there must be no provision for distinct state public service officials.

A Member also urged that the provisions on the Commissions should not be rigid and more discretion should be given to Parliament. He thought flexible provisions could help facilitate a more inclusive Commission. Others disagreed and stated that a comprehensive framework for these Commissions should be laid out in the Constitution to ensure its smooth functioning in the future.

The assembly rejected these proposals and accepted the amendment put forward by the President.

Draft Article 284 as amended was adopted on 22 August 1949.