Article 316

Appointment, Tenure, and Qualifications of Public Service Commission Members

Official heading: “Appointment and term of office of members”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XIV, Article 316, printed pages 178–179
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Last human legal review: Not yet reviewed

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1. In One Sentence

Provides for the appointment, six-year term of office, retirement ages, and reappointment bars for Public Service Commission members.

2. What It Means in Everyday Language

The Chairman and members of the UPSC and Joint Commissions are appointed by the President; State Commission members are appointed by the State Governor.

The proviso to clause (1) requires that as nearly as half of the members must have held government office for at least ten years.

Members hold office for a six-year term, or until age 65 (for UPSC) and age 62 (for State and Joint Commissions, raised from 60 by the 41st Amendment).

Clause (3) strictly bars any member from reappointment to the same office upon expiry of their term, preserving institutional impartiality.

3. Practical Illustrative Example

Everyday Scenario:

A member of a State Public Service Commission completes their six-year term and seeks reappointment for a second term on the same State Commission.

Core takeaway: Article 316(3) strictly prohibits reappointment to the same office to prevent members from seeking executive favors toward the end of their tenure.

Illustrative Notice: A State Commission member remains eligible under Article 319 to be appointed Chairman of that SPSC or a member/Chairman of UPSC.

4. Important Limits, Qualifications & Exceptions

Article 316 ensures institutional expertise, fixed tenure, and integrity for Commission members.

Appointing authorities: President appoints UPSC and Joint Commission members; Governors appoint State Commission members.
Experience requirement: Approximately one-half must have at least ten years of prior public service experience.
Age ceilings: Age 65 for Union Commission; age 62 for State and Joint Commissions.
Reappointment bar: Strict prohibition on consecutive reappointment to the identical post.

5. Operative Constitutional Text

(1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State: Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included. (1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office has entered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose. (2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier: Provided that— (a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office; (b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article 317. (3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office.

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6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XIV, Article 316, printed pages 178–179 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource