Power to extend functions of Public Service Commissions

Article 287, Draft Constitution of India 1948

Subject to the provisions of this article, an Act made by Parliament or by the Legislature of the State may provide for the exercise of additional functions by the Union Public Service Commission, or, as the case may be, by the State Public Service Commission:

Provided that where the Act is made by the Legislature of a State, it shall be a term of such Act that the functions conferred by it shall not be exercisable in relation to any person who is not a member of one of the services of the State except with the consent of the President.

Article 321, Constitution of India 1950

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

Draft Article 287 was debated on 23 August 1949. It empowered Parliament and State Legislatures to expand the scope of functions of the Union and State Public Service Commissions by enacting a law. Further, it also required that the State law should have a clause which stated that the additional functions would be exercised only in relation to members of the State services. However, with the consent of the President it could be exercised vis-a-vis persons who are not members of the State services.

The Drafting Committee Chairman proposed to amend the Draft Article to remove the additional requirement for State laws. Further, he also expanded the power of Parliament and State Legislatures to include additional functions in relation to services of any local authority, statutory corporation and public institution.

A Member felt that this amendment was important as it made services in body corporations and public institutions on par with services in the Union or State governments. Another Member supported the inclusion of local authorities as they often employed persons who were not qualified based on biases. Therefore, it was important to make them accountable to the Public Service Commission.

However, he did not want to include companies and banking companies created under the Companies Act and Banking Companies Act within this Draft Article. He believed that this clarification was necessary to prevent the Public Service Commission from exercising control over private corporations. A Member supported the suggestion to exclude private firms as he believed the interference of the Public Service Commission would hamper the functioning of private corporations.

The Assembly rejected the proposal to explicitly exclude private firms. However, it accepted the changes proposed by the Drafting Committee Chairman.

Draft Article 287 as amended was adopted on 23 August 1949.