Article 319

Restrictions on Future Employment for Retired PSC Chairmen and Members

Official heading: “Prohibition as to the holding of offices by members of Commission on ceasing to be such members”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XIV, Article 319, printed page 180
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Last human legal review: Not yet reviewed

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1. In One Sentence

Strictly disqualifies retired Chairmen and members of Public Service Commissions from accepting future employment under the Union or State governments, with specified exceptions.

2. What It Means in Everyday Language

To prevent Public Service Commission members from currying favor with the government in hopes of lucrative post-retirement postings, Article 319 imposes strict employment disqualifications.

The UPSC Chairman is permanently barred from any further employment under the Government of India or any State government.

A State PSC Chairman can only be appointed as UPSC Chairman/member or Chairman of another SPSC, and is barred from all other government posts.

Ordinary members of UPSC and SPSCs face similar upward-only eligibility rules, preventing horizontal or subordinate political patronage appointments.

3. Practical Illustrative Example

Everyday Scenario:

A retired UPSC Chairman is offered appointment as a paid advisor to a Union Ministry or Chairman of a State public sector enterprise.

Core takeaway: Under Article 319(a), the appointment is unconstitutional; a UPSC Chairman is totally ineligible for any further government employment.

Illustrative Notice: Constitutional offices (like Governor of a State or President of India) are not considered employment "under the Government" within the meaning of Article 319 (Hargovind Pant case).

4. Important Limits, Qualifications & Exceptions

Article 319 establishes an ethical firewall against post-retirement executive patronage.

Absolute bar for UPSC Chairman: Complete prohibition on further Union or State government appointments.
Upward mobility only: State PSC members may only ascend to higher commission posts (SPSC Chairman, UPSC member/Chairman).
Protects meritocracy: Prevents sitting members from compromising grading standards to secure post-retirement positions.

5. Operative Constitutional Text

On ceasing to hold office— (a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; (d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

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 319, printed page 180 • 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