Article 378 of Indian Constitution: Provisions as to Public Service Commissions.
Article 378 Provisions as to Public Service Commissions – Constitution Of India
(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
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🏛️ Transitional Provisions – Public Service Commissions (Post-Constitution Commencement)
🔹 1. Union Public Service Commission (UPSC) Members
- Those serving in the Dominion of India before 26 Jan 1950:
- Automatically became members of UPSC on commencement of the Constitution.
- Continued in office under old rules, regardless of Article 316(1) & (2), but subject to the proviso in Article 316(2).
- Tenure remained as previously determined.
🔹 2. State or Joint State Public Service Commission Members
- Those serving in Provincial or Joint Provincial Commissions before 26 Jan 1950:
- Became members of State PSCs or Joint State PSCs after commencement.
- Also continued in office under pre-Constitution rules, notwithstanding Article 316(1) & (2), but subject to its proviso.
- Tenure also remained unchanged from the pre-Constitution terms.
Summary of Article 378 of Indian Constitution
FAQ on Article 378 of Indian Constitution
What does Article 378 of the Indian Constitution cover?
Article 378 addresses the status and continuity of members of Public Service Commissions before and after the Constitution came into effect.
Who are the members affected by Article 378?
Article 378 primarily affects members of the Public Service Commission for the Dominion of India and members of Public Service Commissions serving Provinces or groups of Provinces.
What happens to members of the Dominion’s Public Service Commission under this article?
Members of the Dominion’s Public Service Commission, if in office before the Constitution’s commencement, automatically become members of the Union’s Public Service Commission, maintaining their roles until their original term concludes or until they choose otherwise.
What’s the significance of the “unless they have elected otherwise” phrase in Article 378?
The phrase “unless they have elected otherwise” implies that members affected by Article 378 have the option to choose a different course of action rather than automatically transitioning to a different commission, depending on their preferences.