Functions and Reports of Public Service Commissions (Articles 320, 323)

PSC functions refer to the constitutional duties assigned to the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs) under Articles 320 to 323 of the Constitution — chiefly conducting recruitment examinations, advising government on service matters, and reporting annually on their work. These provisions sit in Part XIV, Chapter II, which also covers the composition, appointment, and removal of Commission members, and together they are designed to keep civil service recruitment and personnel matters insulated from day-to-day political control.

The Constitutional Scheme: Articles 315–323

Article 315 establishes a Public Service Commission for the Union and one for each State, while allowing two or more States to share a Joint State Public Service Commission if their legislatures pass resolutions to that effect. Articles 316 to 319 deal with the appointment, tenure, removal, and post-retirement restrictions of Chairmen and members, while Articles 320 to 323 spell out what the Commissions actually do — their functions, the possibility of extending those functions, how their expenses are met, and their obligation to report on their work.

Article	Subject
320	Functions of the Public Service Commissions
321	Power to extend the functions of the Commissions
322	Expenses of the Commissions
323	Reports of the Commissions

Functions Under Article 320

Article 320(1) makes it the duty of the Union and State Commissions to conduct examinations for appointment to services of the Union and of the States respectively. This examination-conducting role is the most visible face of the Commissions, covering the recruitment tests through which candidates enter the civil services.

Article 320(2) adds a cooperative function: if two or more States request it, the UPSC must assist those States in framing and operating schemes of joint recruitment for services that require candidates with special qualifications, pooling resources rather than each State running a separate, smaller exercise.

Article 320(3) casts the Commissions in an advisory role. The Union or State Commission is to be consulted on matters going well beyond conducting exams:

Advisory matter	What it covers
Methods of recruitment	How civil services and civil posts should recruit candidates
Appointment principles	Principles for appointments, promotions, and transfers from one service to another, and the suitability of candidates for such moves
Disciplinary matters	Advice connected with service discipline, alongside recruitment and promotion questions

Because the Commissions are consulted rather than given the final word, government departments can proceed even where their advice is not followed — but Article 323, discussed below, builds in a check on how such disagreements are handled.

The Commissions' reach into judicial appointments is a related, narrower example: under Article 234, the Governor appoints persons other than district judges to the State judicial service in accordance with rules framed after consulting the State Public Service Commission and the High Court exercising jurisdiction over that State — showing the Commission's advisory footprint extending into judicial service recruitment as well.

Extending Functions — Article 321

Article 321 allows Parliament, or the Legislature of a State, to enact a law empowering the Union or State Commission to take on additional functions relating to the services of the Union or the State, and also relating to the services of any local authority or other body corporate created by law, or of any public institution. This gives the Commissions' role flexibility: their responsibilities are not frozen at what Article 320 lists, but can be widened by ordinary legislation as recruitment needs evolve.

Expenses — Article 322

Article 322 provides that the expenses of the Union or a State Public Service Commission — including salaries, allowances, and pensions payable to its members and staff — are charged on the Consolidated Fund of India, or the Consolidated Fund of the State, as applicable. A charged expenditure is not put to an annual vote in the legislature, which shields the Commission's day-to-day funding from being used as leverage over its independence.

Reports — Article 323

Article 323(1) obliges the Union Commission to present an annual report to the President on the work it has done. On receiving this report, the President must ensure that a copy is laid before each House of Parliament, together with a memorandum explaining the reasons wherever the Commission's advice was not accepted by government. Clause (2) casts a parallel duty on each State Commission, whose report goes through the Governor to the State Legislature, again accompanied by an explanation of any cases of non-acceptance.

This reporting requirement is significant because it converts Article 320's advisory relationship into an accountable one: even though the executive is free to override the Commission's advice, it cannot do so silently — the reasons must eventually be placed on the legislative record for scrutiny.

Independence and Institutional Safeguards

The functions and reporting duties under Articles 320–323 work together with the tenure and removal protections in Articles 316–319. Commission Chairmen and members are appointed by the President (for the UPSC) or the Governor (for a State Commission), hold fixed tenures, and can be removed only through the special procedure the Constitution prescribes, rather than at the government's discretion. Combined with charged expenditure under Article 322 and the transparency mechanism of Article 323, this framework was intended to keep recruitment and personnel advice professional and shielded from routine political pressure — a concern the Constituent Assembly debates reflect directly. Speaking on 18 November 1949, Dr. B.R. Ambedkar linked the independence of the Comptroller and Auditor-General with that of the Public Service Commissions, describing both as institutions given more independence under the new Constitution than they had previously enjoyed, and as safeguards strengthening the rights of citizens.

UPSC Relevance

Prelims

• Article 320 covers the functions of Public Service Commissions; Article 321 allows extension of those functions by law; Article 322 deals with expenses; Article 323 with reports.
• Expenses of the UPSC/SPSC are charged on the Consolidated Fund and are not voted upon annually.
• The UPSC's Article 320(2) role includes assisting States, on request, with joint recruitment schemes.
• Article 234 appointments to the State judicial service (other than district judges) require consultation with the State Public Service Commission.

Mains

• Examine how Articles 320 and 323 together balance the Public Service Commissions' advisory role with legislative accountability.
• Discuss the significance of charging Public Service Commission expenses on the Consolidated Fund for institutional independence.
• Evaluate the scope for extending Public Service Commission functions under Article 321 to bodies beyond the Union and State services.

FAQ

What are the main functions of the Public Service Commissions under Article 320? Under Article 320, the Union and State Public Service Commissions conduct recruitment examinations for their respective services, assist States with joint recruitment schemes when requested, and are consulted on recruitment methods, appointment and promotion principles, and disciplinary matters.

Is the government bound to accept the advice of the Public Service Commission? No. The Commission's role under Article 320(3) is advisory, and government is not constitutionally bound to accept it — but under Article 323, reasons for not accepting the advice must be reported to the legislature.

How are the expenses of a Public Service Commission met? Under Article 322, the expenses of the Union or a State Public Service Commission, including salaries, allowances, and pensions of its members and staff, are charged on the Consolidated Fund of India or of the State concerned.

Who receives the annual report of a Public Service Commission? Under Article 323, the Union Commission reports annually to the President, who has it laid before Parliament; a State Commission's report goes to the Governor for laying before the State Legislature. Both must be accompanied by a memorandum on cases where the Commission's advice was not accepted.

Can the functions of a Public Service Commission be expanded beyond what Article 320 lists? Yes. Article 321 permits Parliament or a State Legislature to pass a law giving the Union or State Commission additional functions relating to Union or State services, local authorities, other statutory bodies corporate, or public institutions.

Quick Revision

• Article 320(1): duty to conduct recruitment examinations for Union and State services.
• Article 320(2): UPSC assists two or more States with joint recruitment schemes, if requested.
• Article 320(3): Commission consulted on recruitment methods, appointment/promotion principles, and disciplinary matters.
• Article 321: additional functions can be conferred by Parliament/State Legislature law.
• Article 322: Commission expenses charged on the Consolidated Fund (Union or State) — not annually voted.
• Article 323: annual report to President (Union) or Governor (State); non-acceptance of advice must be explained to the legislature.
• Article 234: judicial service appointments (other than district judges) made after consulting the State Public Service Commission.

Sources

• Constitution of India — Ministry of Law and Justice, Legislative Department
• India Code — Constitution of India
• Union Public Service Commission — official website

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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