Q: What is the role of the Public Service Commission (PSC)? Is the government bound by its recommendations?
Samir Sarkar, Calcutta
A: Article 315(1) of the Constitution of India provides that there shall be a PSC for the Union of India and a PSC for each state. Subject to compliance with certain procedural formalities, there may be one PSC for two or more states. Generally speaking, a PSC is an autonomous body, which advises and assists the Union / state government in the administration of matters relating to public service. In the case of the Union commission or a joint commission, the President appoints the members of a PSC, including its chairman. And in the case of a state commission, the Governor appoints the members (Article 316). The functions of a PSC are enumerated in Article 320, which includes the duty to conduct exams for appointments to the services of the Union and the state respectively. Article 320(3) states that the appropriate PSC shall be consulted on all matters relating to inter-alia, methods of recruitment to civil services and civil posts, on the principles to be followed in making promotions and transfers and on all disciplinary matters affecting a person serving under the Union or state government in a civil capacity. However, it is now well settled by the Supreme Court that Article 320(3) is not mandatory and in default of consultation with the PSC, the action of the government will not be bad. A PSC’s function is purely advisory. Not only is its advice not binding on the government, the government, too, cannot act mechanically upon such advice without applying its mind to the matter.
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