Article 323 of the Costitution of India with Case law
Article 323 of the Constitution of India
Title: Reports of Public Service Commissions
🔹 Full Text of Article 323:
It shall be the duty of the Union Public Service Commission or the State Public Service Commission, as the case may be, to present annually to the President or the Governor of the State, as the case may be, a report as to the work done by the Commission, and on receipt of such report, the President or the Governor, as the case may be, shall cause a copy thereof together with a memorandum explaining, so far as necessary, the cases, if any, where the advice of the Commission was not accepted, and the reasons for such non-acceptance, to be laid before each House of Parliament or the Legislature of the State, as the case may be.
📘 Explanation of Article 323:
Objective: To ensure transparency and accountability in the working of Public Service Commissions.
Mandate:
The UPSC and State PSCs must submit annual reports on their performance.
These reports are submitted to the President (in case of UPSC) or the Governor (in case of State PSCs).
The government must also explain in a memorandum if and why the recommendations of the Commission were not accepted.
These documents are placed before Parliament or State Legislatures.
✅ Key Points:
| Feature | Description |
|---|---|
| Type | Procedural/Accountability Article |
| Applies to | UPSC and State Public Service Commissions |
| Report Requirement | Mandatory (Annual) |
| Authority Receiving Report | President (for UPSC), Governor (for State PSCs) |
| Public Disclosure | Report and reasons for non-acceptance of advice must be placed before Parliament or State Legislature |
⚖️ Relevant Case Law Related to Article 323:
Though Article 323 deals specifically with reporting by Public Service Commissions, the following cases touch upon the role, independence, and functioning of PSCs, which are indirectly relevant to Article 323:
🔹 Rajasthan Public Service Commission v. Kaila Kumar Paliwal
(AIR 2007 SC 2067)
Issue: Whether the Commission’s recommendations were binding.
Held: The recommendations of the PSC are advisory, not binding on the government. However, reasons must be recorded and disclosed (as required by Article 323).
Relevance: Confirms Article 323 compliance when rejecting PSC advice.
🔹 Ram Gopal Chaturvedi v. State of M.P. (1970)
Context: Challenge to the validity of a recruitment decision where the PSC was allegedly bypassed.
Held: PSC’s role is advisory, but if its advice is not followed, the State must provide a justification.
Relevance: Reinforces accountability principles in Article 323.
🔹 Ex-Constable R. S. Rana v. Union of India (2011)
Issue: Procedural lapses in appointments and disciplinary action.
Held: Highlighted the importance of following due process and the role of PSCs in ensuring fair recruitment.
Relevance: Indirectly supports the importance of PSC reports and transparency, as mandated by Article 323.
🧾 Constitutional Context:
Part XIV: Services under the Union and the States
Articles 315 to 323 deal with Public Service Commissions.
Article 320: Functions of PSCs
Article 323: Accountability through annual reports
📌 Importance of Article 323:
Ensures oversight of executive actions related to recruitment and services.
Promotes good governance by highlighting:
Efficiency of PSCs,
Government compliance with recommendations,
Reasons for deviation from expert advice.
Facilitates legislative scrutiny through annual reporting.
🧩 Summary Table:
| Aspect | Details |
|---|---|
| Applies to | UPSC & State PSCs |
| Obligation | Submit annual report |
| Submitted to | President (UPSC), Governor (State PSC) |
| Action required | Government must explain non-acceptance of recommendations |
| Placed before | Parliament (UPSC), State Legislature (State PSC) |
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