Article 321 of the Costitution of India with Case law
🔷 Article 321 of the Constitution of India: Power to Extend Functions of Public Service Commissions
📜 Text of Article 321:
“An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or a State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.”
🧾 Explanation:
Article 321 allows Parliament or State Legislature to assign additional responsibilities to the Union Public Service Commission (UPSC) or State Public Service Commissions (SPSC).
These additional functions can relate to:
Union or State services
Local authorities
Statutory bodies
Public institutions
This power is not automatic—a specific law must be passed to confer such additional duties.
⚖️ Important Case Laws Involving Article 321:
1. Ashok Kumar Yadav v. State of Haryana, AIR 1987 SC 454
The Supreme Court emphasized the importance of independence and credibility of the Public Service Commissions.
While this case does not interpret Article 321 directly, it underlines the constitutional sanctity of the commission, making any expansion of its function under Article 321 a serious matter requiring legislative backing.
2. State of Punjab v. Salil Sabhlok, (2013) 5 SCC 1
The Supreme Court discussed the standards and responsibilities of State Public Service Commissions.
It recognized that additional functions can be imposed, but they must not compromise the core function—free and fair recruitment.
3. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Although primarily about the basic structure doctrine, it upheld the importance of independent constitutional bodies, including the UPSC/SPSC, reinforcing the cautious approach in using Article 321.
📌 Summary Table:
| Feature | Details |
|---|---|
| Article | 321 |
| Deals With | Extension of functions of UPSC and SPSC |
| By Whom | Parliament or State Legislature |
| Additional Functions Can Be | For Union/State/local authorities/statutory bodies/public institutions |
| Legal Requirement | Needs a formal Act to extend functions |
| Objective | Efficient use of commissions for broader recruitment/selection tasks |
🏛️ Practical Example:
If the UPSC is to be tasked with recruitment for a new national-level statutory body, Parliament may pass a law under Article 321 extending the UPSC's jurisdiction over that body's appointments.
🗂️ Related Articles:
| Article | Subject |
|---|---|
| Article 315 | Public Service Commissions for Union and States |
| Article 320 | Functions of Public Service Commissions |
| Article 323 | Reports of Commissions |
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