Article 320 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 320 of the Constitution of India, along with relevant case law:
📜 Article 320 – Constitution of India
"Functions of Public Service Commissions"
✅ Text Summary of Article 320:
Article 320 outlines the duties and functions of:
Union Public Service Commission (UPSC)
State Public Service Commissions (SPSC)
🔹 Main Clauses of Article 320:
| Clause | Description |
|---|---|
| (1) | UPSC and SPSC conduct examinations for appointments to the services of the Union and the States. |
| (2) | Commissions must be consulted on: |
| → methods of recruitment, | |
| → principles for promotions, transfers, | |
| → disciplinary matters, etc. | |
| (3) | Commission is consulted for any matter related to civil services as prescribed by the President (for UPSC) or Governor (for SPSC). |
| (4) | Legislature may exclude certain posts from consultation with Commission. |
| (5) | If the Government does not consult the Commission, the matter must be explained in the annual report. |
| (6) | Commission members are protected from legal liability for actions done in good faith under this Article. |
🧾 Key Functions of UPSC/SPSC Under Article 320:
Conduct competitive exams (like IAS, IPS, PCS).
Advise on appointments, promotions, and transfers.
Advise in disciplinary matters (suspension, removal).
Frame or approve recruitment rules.
Report annually to the President/Governor.
⚖️ Important Case Laws on Article 320:
1. State of Punjab v. Salil Sabhlok
Citation: (2013) 5 SCC 1
Issue: Whether political influence in appointments to Public Service Commissions is unconstitutional.
Held: The appointment process must be fair, transparent, and free of political interference.
Relevance: Emphasized the integrity of institutions under Article 320.
2. Ram Gopal Chaturvedi v. State of M.P.
Citation: AIR 1970 MP 163
Issue: Appointment made without consulting PSC — is it invalid?
Held: Consultation is mandatory, but not binding. Non-consultation must be justified.
Relevance: Reinforced that while advice of PSC is not binding, consultation is compulsory.
3. Union of India v. Tulsiram Patel
Citation: AIR 1985 SC 1416
Held: In case of dismissal from service under Article 311, consultation with UPSC is essential, but exceptions exist in case of security of state, emergency, etc.
Relevance: Connects disciplinary matters under Article 311 with consultation under Article 320.
4. Mahesh Chandra Gupta v. Union of India
Citation: (2009) 8 SCC 273
Issue: Challenge to appointment of High Court judges.
Held: Article 320 is not applicable to appointment of judges under Article 217.
Relevance: Clarifies limits of PSC's role.
📚 Summary Table:
| Feature | Details |
|---|---|
| Institutions Covered | UPSC and State PSCs |
| Duties | Exams, recruitment, promotions, disciplinary matters |
| Consultation | Mandatory in most cases, though advice is not binding |
| Legal Protection | Members protected under Clause (6) for good faith actions |
| Annual Reports | Must explain deviations from consultation |
🧠 Why Article 320 is Important:
Ensures merit-based selection in civil services.
Promotes transparency and accountability in appointments.
Maintains a separation from political influence in recruitment.
Empowers PSCs as constitutional bodies ensuring fairness.
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