## CONSTITUTION 316

### CONSTITUTION 316 — Appointment and term of office of members
- https://unisonlegal.in/statutes/constitution/316

> 316. Appointment and term of office of members.-(1) The Chairman
and other members of a Public Service Commission shall be appointed, in the
case of the Union Commission or a Joint Commission, by the President, and in
the case of a State Commission, by the Governor of the State:
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Provided that as nearly as may be one-half of the members of every Public
Service Commission shall be persons who at the dates of their respective
appointments have held office for at least ten years either under the Government
of India or under the Government of a State, and in computing the said period of
ten years any period before the commencement of this Constitution during which
a person has held office under the Crown in India or under the Government of
an Indian State shall be included.
1[(1A) If the office of the Chairman of the Commission becomes vacant
or if any such Chairman is by reason of absence or for any other reason unable
to perform the duties of his office, those duties shall, until some person appointed
under clause (1) to the vacant office has entered on the duties thereof or, as the
case may be, until the Chairman has resumed his duties, be performed by such
one of the other members of the Commission as the President, in the case of the
Union Commission or a Joint Commission, and the Governor of the State in the
case of a State Commission, may appoint for the purpose.]
(2) A member of a Public Service Commission shall hold office for a term
of six years from the date on which he enters upon his office or until he attains,
in the case of the Union Commission, the age of sixty-five years, and in the case
of a State Commission or a Joint Commission, the age of 2[sixty-two years],
whichever is earlier:
Provided that-
(a) a member of a Public Service Commission may, by writing under
his hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to
the Governor 3*** of the State, resign his office;
(b) a member of a Public Service Commission may be removed from
his office in the manner provided in clause (1) or clause (3) of
article 317.
(3) A person who holds office as a member of a Public Service
Commission shall, on the expiration of his term of office, be ineligible for
re-appointment to that office.

1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 11 (w.e.f. 5-10-1963).
2. Subs. by the Constitution (Forty-first Amendment) Act, 1976, s. 2, for "sixty years"
(w.e.f. 7-9-1976).
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