Article 317 of the Costitution of India with Case law
📜 Article 317 of the Constitution of India
Title: Removal and suspension of a member of a Public Service Commission
✅ Full Text (Simplified):
Article 317 outlines the procedure for removal and suspension of:
A member or the Chairman of the Union Public Service Commission (UPSC), or
A member or the Chairman of a State Public Service Commission (SPSC).
🔹 Clauses of Article 317:
Clause (1):
The President (for UPSC and Joint PSCs) or the Governor (for SPSC) can remove the Chairman or any other member on grounds of:
Misbehavior, after an inquiry by the Supreme Court.
The SC must recommend removal after its inquiry.
Clause (2):
The President or Governor may suspend the member while the Supreme Court inquiry is pending.
Clause (3):
President may remove for:
Insolvency
Paid employment outside office duties
Infirmity of mind/body as declared by a medical authority
Clause (4):
The same provisions apply to State Public Service Commissions with the Governor's role similar to the President's for UPSC.
🧠 Explanation:
This Article provides security of tenure and protection from arbitrary removal for UPSC and SPSC members.
Ensures independence and impartial functioning of the Public Service Commissions.
Only the Supreme Court can recommend removal on grounds of misbehavior, maintaining checks and balances.
⚖️ Important Case Laws on Article 317:
1. Union of India v. Tulsiram Patel
Citation: AIR 1985 SC 1416
Held:
Though mainly on Article 311, it stressed that Constitutional functionaries like UPSC members must be removed only as per constitutional procedures, i.e., Article 317 in this case.
Reinforced natural justice and due process in removal inquiries.
2. State of Orissa v. R. N. Banerjee
Citation: AIR 1967 SC 903
Held:
Misbehavior under Article 317(1) must be serious and proven through a Supreme Court inquiry.
The Court clarified that mere administrative lapses or disagreements with government policy do not amount to misbehavior under this Article.
3. G. D. Karkare v. T. L. Shevde
Citation: AIR 1952 Nag 330
Held:
Removal of a Public Service Commission member without following Article 317 procedure was held invalid.
Emphasized that constitutional safeguards are mandatory.
🛡️ Grounds for Removal under Article 317:
| Ground | Procedure |
|---|---|
| Misbehavior | Inquiry by SC → Recommendation → Removal by President/Governor |
| Insolvency | Direct removal by President/Governor |
| Engaging in paid work | Direct removal by President/Governor |
| Mental/physical unfitness | Removal upon medical report |
🔁 Related Articles:
| Article | Subject |
|---|---|
| 315 | Establishment of Public Service Commissions |
| 316 | Appointment and term of office |
| 318 | Power to make regulations on service conditions |
| 320 | Functions of Public Service Commissions |
📚 Summary Table:
| Feature | Details |
|---|---|
| Article | 317 |
| Applies to | UPSC, State PSCs |
| Removable by | President (UPSC), Governor (SPSC) |
| Grounds for removal | Misbehavior, insolvency, other disqualifications |
| Supreme Court Inquiry? | Required for "misbehavior" only |
| Suspension allowed? | Yes, during SC inquiry |
| Protection given | Yes – strong procedural safeguards |
| Key Cases | R.N. Banerjee, Tulsiram Patel, G.D. Karkare |
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