Article 378

Transition of Members of Federal and Provincial Public Service Commissions

Official heading: “Provisions as to Public Service Commissions”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XXI, Article 378, printed page 249
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Provided that members of the Dominion and provincial Public Service Commissions became members of the Union and State Public Service Commissions.

2. What It Means in Everyday Language

Article 378 preserved the independent civil service recruitment machinery across India during the transition to the Republic.

Under clause (1), members of the Public Service Commission for the Dominion of India holding office before commencement became members of the Union Public Service Commission (UPSC).

Under clause (2), members of provincial Public Service Commissions became members of the respective State Public Service Commissions (SPSCs) or Joint State Commissions.

Their existing tenures and service terms were preserved, ensuring that ongoing civil service competitive examinations and interview panels proceeded without disruption.

3. Practical Illustrative Example

Everyday Scenario:

Civil service examination interviews scheduled in January 1950 were conducted without postponement because commission members automatically transitioned under Article 378.

Core takeaway: Article 378 maintained recruitment stability and institutional independence for civil service commissions.

Illustrative Notice: New members appointed after 1950 were appointed under the permanent provisions of Article 316.

4. Important Limits, Qualifications & Exceptions

Article 378 ensured uninterrupted merit recruitment for civil services.

UPSC continuity: Dominion commission transitioned to the Union Public Service Commission.
SPSC continuity: Provincial commissions transitioned to State Public Service Commissions.
Tenure protection: Members completed their statutory terms determined under pre-existing rules.

5. Operative Constitutional Text

(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. (2) The Members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

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 XXI, Article 378, printed page 249 • 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