An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.
Articles 321, 322 and 323 of the Constitution of India: Public Service Commissions
Articles 321, 322 and 323 form part of Chapter II of Part XIV of the Constitution of India. They deal respectively with extension of the functions of Public Service Commissions, their constitutionally protected expenditure, and their annual reporting obligations.
In brief: Article 321 permits Parliament or a State Legislature to confer additional functions on the appropriate Public Service Commission. Article 322 provides that Commission expenses are charged on the relevant Consolidated Fund. Article 323 requires annual reports and disclosure to the legislature of cases in which Commission advice was not accepted.
| Article | Subject | Core rule |
|---|---|---|
| 321 | Power to extend functions | Legislation may give UPSC or a State PSC additional functions relating to specified public services, local authorities, statutory bodies or public institutions. |
| 322 | Expenses of Public Service Commissions | Specified Commission expenses are charged on the Consolidated Fund of India or the relevant State. |
| 323 | Reports of Public Service Commissions | UPSC, State PSCs and Joint Commissions must report annually through the constitutional authorities identified in the Article. |
Article 321 - Power to extend functions of Public Service Commissions
Meaning and scope of Article 321
Article 321 is an enabling constitutional provision. It allows the competent legislature to expand the functions of the Union Public Service Commission or a State Public Service Commission by law. The additional functions may concern Union or State services and may also extend to services connected with a local authority, a body corporate constituted by law, or a public institution.
The important point is that the additional function contemplated by Article 321 is to be provided by an Act of Parliament or, where applicable, an Act of the State Legislature.
Article 322 - Expenses of Public Service Commissions
The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.
Meaning and constitutional significance of Article 322
Article 322 places the expenses of the UPSC and State Public Service Commissions, including salaries, allowances and pensions payable to or in respect of their members or staff, as a charge on the appropriate Consolidated Fund. For the Union Commission, the relevant fund is the Consolidated Fund of India; for a State Commission, it is the Consolidated Fund of that State.
This financial arrangement is part of the constitutional framework governing Public Service Commissions and supports their institutional functioning independently of ordinary annual voting on such charged expenditure.
Article 323 - Reports of Public Service Commissions
Clause (1): The Union Commission must present annually to the President a report on the work done by the Commission. The President must cause a copy of the report, together with a memorandum explaining the reasons in cases where the Commission's advice was not accepted, to be laid before each House of Parliament.
Clause (2): A State Commission must present annually to the Governor a report on its work. A Joint Commission must present annually to the Governor of each State served by it a report concerning that State. The Governor must cause the report and a memorandum explaining cases of non-acceptance of the Commission's advice to be laid before the State Legislature.
Meaning of Article 323
Article 323 creates an annual reporting and legislative accountability mechanism. It requires the work of Public Service Commissions to be reported to the President or Governor, as applicable, and then placed before Parliament or the State Legislature. Where the Commission's advice has not been accepted, the constitutional authority must also place an explanatory memorandum stating the reasons for non-acceptance.
How Articles 321, 322 and 323 work together
These provisions address three different institutional aspects of Public Service Commissions. Article 321 concerns the legal expansion of their functions. Article 322 deals with their expenditure. Article 323 provides for annual reporting and disclosure to the legislature. They should also be read with the preceding provisions in Chapter II of Part XIV, particularly Articles 315 to 320, which establish Public Service Commissions and deal with their membership, service conditions and functions.
Official constitutional text
For the current official text of the Constitution, readers may consult the Legislative Department, Ministry of Law and Justice and India Code.
This page is an explanatory legal-information resource. For legal proceedings or formal reliance, verify the provision from the current official constitutional text and applicable judicial decisions.