## CONSTITUTION 317

### CONSTITUTION 317 — Removal and suspension of a member of a Public Service Commission
- https://unisonlegal.in/statutes/constitution/317

> 317. Removal and suspension of a member of a Public Service
Commission.-(1) Subject to the provisions of clause (3), the Chairman or any
other member of a Public Service Commission shall only be removed from his
office by order of the President on the ground of misbehaviour after the Supreme
Court, on reference being made to it by the President, has, on inquiry held in
accordance with the procedure prescribed in that behalf under article 145,
reported that the Chairman or such other member, as the case may be, ought on
any such ground to be removed.
(2) The President, in the case of the Union Commission or a Joint
Commission, and the Governor 1*** in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the Supreme Court under
clause (1) until the President has passed orders on receipt of the report of the
Supreme Court on such reference.
(3) Notwithstanding anything in clause (1), the President may by order
remove from office the Chairman or any other member of a Public Service
Commission if the Chairman or such other member, as the case may be,-
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service
Commission is or becomes in any way concerned or interested in any contract or
agreement made by or on behalf of the Government of India or the Government
of a State or participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in common with
the other members of an incorporated company, he shall, for the purposes of
clause (1), be deemed to be guilty of misbehaviour.