Vol. 13 · pages 271–275

Constitution and were applicable to any public ser- vice or any post which has continued to exist after the commencement of this Constitution as a service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution. 5 CHAPTER II—Public Service Commissions Public Service Com- missions for the Union and for the States. 284. (1) Subject to the provisions of this article there shall be a Public Service Commission for the Union and a Public Service Commission for each State. 10 (2) Two or more States may agree— (a) that there shall be one Public Service Com- mission for that group of States; or 15 (b) that the Public Service Commission for one of the States shall serve the needs of all the States; and any such agreement may contain such incidental and consequential provisions as may appear neces- sary or desirable for giving effect to the purposes of the agreement and shall, in the case of an agreement that there shall be one Commission for a group of States, specify by what Governor or Governors the functions which are under this Part of this Constitu- tion to be discharged by the Governor of a State are to be discharged. 20 25 (3) The Public Service Commission for the Union if requested so to do by the Governor of a State may, with the approval of the President, agree to serve all or any of the needs of the State. 30 (4) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commis- sion serving the needs of the Union, or, as the case may be, the State as respects the paricular matter in question. 35 270 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 238 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Composition and staff of Commissions. 285. (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission, by the President, and in the case of a State Commission, by the Governor of the State in his discretion: 5 Provided that at least 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 Consti- tution during which a person has held office under the Crown shall be included. 10 (2) In the case of the Union Commission, the President and, in the case of a State Commission, the Governor of the State in his discretion, may by regulations— 15 (a) determine the number of members of the Commission, their tenure of office and their conditions of service; and 20 (b) make provision with respect to the number of members of the staff of the Commission and their conditions of service. (3) On ceasing to hold office— 25 (a) the Chairman of the Union 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 Commission shall be eligible for appointment as the Chair- man or a member of the Union Commis- sion or as the Chairman of another State Commission, but not for any other employment either under the Government of India or under the Government of a State; 30 35 (c) no other member of the Union or of any State Commission shall be eligible for any other appointment either under the Govern- ment of India or the Government of a State without the approval, in the case of an appointment in connection with the 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 271 239THE DRAFT CONSTITUTION

affairs of a State, of the Governor of the State and, in the case of any other appointment, of the President. Functions of Public Service Com- missions. 286. (1) It shall be the duty of the Union and the State Public Service Commissions to conduct exami- nations for appointments to the services of the Union and the services of the State respectively. 5 (2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. 10 (3) The President as respects the All India Services and also as respects other services and posts in connection with the affairs of the Union, and the Governor as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted, but, subject to regulations so made and to the provisions of the next succeeding clause, the Union Commission or, as the case may be, the State Commission shall be consulted— 15 20 25 (a) on all matters relating to methods of recruit- ment to civil services and for civil posts; (b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candid tes for such appoint- ments, promotions or transfers; 30 (c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capa- city, including memorials or petitions relating to such matters; 35 (d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown, in a civil capacity that any costs incurred by him 40 272 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 240 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the reve- nues of India or, as the case may be, the State; 5 (e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in a civil capacity, and any question as to the amount of any such award, 10 and it shall be the duty of a Public Service Commis- sion to advise on any matter so referred to them and on any other matter which the President or, as the case may be, the Governor may refer to them. 15 (4) Nothing in this article shall require a Public Service Commission to be consulted as respects the manner in which appointments and posts are to be allocated as between the various communities in the Union or a State. 20 Power to extend func- tions of Public Service Com- missions . 287. Subject to the provisions of this article, an Act made by Parliament or by the Legislature of the State may provide for the exercise of additional functions by the Union Public Service Commission, or, as the case may be, by the State Public Service Commission: 25 Provided that where the Act is made by the Legislature of a State, it shall be a term of such Act that the functions conferred by it shall not be exercisable in relation to any person who is not a member of one of the services of the State except with the consent of the President. 30 Expenses of Public Service Commissions. 288. The expenses of the Union or a State Public Service Commission, including any salaries, allow- ances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the revenues of India or, as the case may be, the State. 35 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 273 241THE DRAFT CONSTITUTION

PART XIII Elections Superintend- ence, direc- tion and control of elections to be vested in an Election Commission. 289. (1) The superintendence, direction and con- trol of all elections to Parliament and of elections to the offices of President and Vice-President held under this Constitution, including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with the elections to Parliament, shall be vested in a Commis- sion to be appointed by the President. 5 10 (2) The superintendence, direction and control of all elections to the Legislature of a State for the time being specified in Part I of the First Schedule and of elections to the office of Governor of the State *elections to constitute a panel for the purpose of the appointment of a Governor of the State held under this Constitution including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to the Legislature of such State shall be vested in a Commission to be appointed by the Governor of the State.** 15 20 Elections to Parliament. 290. Subject to the provisions of this Constitu- tion, Parliament may, from time to time, by law, make provision with respect to all matters relating to or in connection with elections to either House of Parliament including matters necessary for secur- ing the due constitution of the two Houses of Parlia- ment and the delimitation of constituencies. 25 Elections to the Legis- latures of States. 291. Subject to the provisions of this Constitu- tion, the Legislature of a State for the time being specified in Part I of the First Schedule may, from time to time, by law, make provision with respect to all matters relating to or in. connection with elections to the House or Houses of the Legislature of the State including matters necessary for securing the due constitution of such House or Houses and the delimitation of constituencies. 30 35 * The words “elections to constitute a panel for the purpose of the appointment of a Governor of the State” will have to be used in this clause in place of the words “elections to the office of Governor of the State” if the second alternative is adopted in article 131. ** The Committee is of opinion that the Election Commission to superintend., direct and control elections to the Legislature of a. State in Part I of the First Schedule should be appointed by the Governor of the State. 274 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 242 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES