In my humble opinion, this proviso is not in consonance with the spirit of the other articles. We are prescribing a very vast field where the Public Service Commission has to be consulted, and we have included transfers, promotions, and other things as well. This is a very good ideal. If we are providing that the Public Service Commission should be consulted even in these matters, then, we should not leave this loophole, by which the majority party may find it easy to secure regulations from the President or the Governor that they need not consult the Public Service Commission. In my opinion, even though it is provided here that the Governor and the President shall have the power to frame regulations, they would be guided by the advice of their Ministers, and the Ministers would represent the majority party. These regulations will be changing from time to time and there is scope when, with the object of extending favouritism and nepotism, they might make such regulations as may suit their convenience. My objection is that because this is only a consultative body, it is not necessary that the advice of the Public Service Commission must be acted upon. There is a provision in article 288-A that the Public Service Commission shall present to the President annually a report and that the President shall cause a copy thereof together with a memo, explaining if in any cases the advice of the Commission was not accepted, the reasons for such non-acceptance, to be laid before Parliament. The reasons shall have to be given. Therefore that provided a good check and if this proviso is not there, we shall have very wholesome effect on the working of this article. In my opinion this proviso should be deleted.
