Article 319 of Indian Constitution places restrictions on the post-retirement employment of members of the Union and State Public Service Commissions to uphold their independence and impartiality. It states that the Chairman of the UPSC is completely barred from accepting any future employment under the Central or State governments. Similarly, the Chairman of a State Public Service Commission cannot accept any government employment except as Chairman or member of the UPSC or another SPSC. A member of the UPSC, other than the Chairman, may be appointed as Chairman of the UPSC or an SPSC but is ineligible for any other government job. Likewise, a member of an SPSC, other than the Chairman, may be appointed as Chairman or member of the UPSC or as Chairman of another SPSC but cannot hold any other government position. Article 319 of Indian Constitution intended to prevent any conflict of interest and ensure that the commissions remain free from political or executive influence after members demit office. Explore in-depth analysis of other Constitutional Articles

Article 319 of Indian Constitution

Prohibition as to the holding of offices by members of Commission on ceasing to be such members 

On ceasing to hold office-- 

(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State; 

(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; 

(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State; 

(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

Note: “The information on Article 319 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 319 of Indian Constitution lays down certain restrictions on future employment for individuals who have served as Chairmen or Members of the Union Public Service Commission (UPSC) or State Public Service Commissions (SPSC). These restrictions vary based on whether the individual was a Chairman or Member and whether the body served was Union or State.

• Article 319 of Constitution demonstrates the principle that public service must be free from vested interests and the lure of future appointments.
• The only permissible career progression is from Member to Chairman within UPSC/SPSC structures and maintains the exclusivity of roles.
• By preventing future government employment, Article 319 of Indian Constitution reduces chances of post retirement favouritism or lobbying.

Article 319 of Indian Constitution Significance

The significance of Article 319 of Indian Constitution lies in its role in protecting the autonomy and integrity of the Union and State Public Service Commissions. By restricting post-tenure employment options, it reinforces ethical conduct and ensures unbiased functioning.

1. Independence of Constitutional Bodies
The UPSC and SPSC are intended to function autonomously. Article 319 of Constitution ensures that their members:

• Are not influenced by the possibility of getting post-retirement jobs through favor with the ruling authorities.
• Maintain objective, merit-based decision-making while in office.

2.Promoting Ethical Governance
By curbing future government employment, it removes conflicts of interest. Members are not influenced by political or bureaucratic entities for future gains.

3.Encouraging Institutional Continuity
Article 319 of Indian Constitution bars external appointments post-tenure and permits internal elevation (e.g., from Member to Chairman), thereby:

• Rewards experience and service within the same institutional framework.
• Encourages competent individuals to serve without political interference.

4.Ensures Fair Recruitment
Since UPSC and SPSC are involved in recruiting civil servants, these restrictions maintain:

• Public confidence in the integrity of recruitment processes.
• An unbiased selection mechanism, free from personal or political agendas.

The interpretation of Article 319 of Indian Constitution has been explored in various landmark judgements that clarified the scope of "employment" under government bodies. One such case involved a petition challenging the appointment of a retired High Court judge as Chairperson of the Kerala State Commission for Backward Classes and contended that it violated Clause (d) of Article 319 of Indian Constitution

The Kerala High Court in S. Subramaniam v. State of Kerala observed that:

• No Employer-Employee Relationship: Drawing from Chintaman Rao v. State of M.P., "employment" requires a contract and control, which does not apply to statutory posts like Lokayukta.
• Not Government Employment: Relying on Hargovind Pant v. Raghukul Tilak, the Court held that constitutional offices (like Governor or Lokayukta) are not employment under the Government.
• Independence of Office: Lokayukta functions independently of the executive and cannot be directed by the State.

Decision in S. Subramaniam v. State of Kerala:

The Kerala High Court dismissed the petition and held that positions like Lokayukta or Commission Chairperson do not violate Clause (d) of Article 319 of Indian Constitution as they are not government employment.

Conclusion

Article 319 of Indian Constitution plays an important role in preservation of the autonomy and integrity of the Union and State Public Service Commissions. By imposing restrictions on post-retirement employment, it ensures that members of these commissions are free from political influence and conflicts of interest. It maintains a fair and unbiased recruitment process.