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Keralam ex-Governor reportedly recommended PSC chief's removal: how Article 317 works

By CAShorts DeskPublished Sources: The Hindu; The Indian Express; Constitution of India (Legislative Department); Supreme Court reports; UPSC; Kerala PSC

Keralam ex-Governor reportedly recommended PSC chief's removal: how Article 317 works
Illustration (AI-generated)

Keralam's former Governor, Rajendra Arlekar, reportedly recommended to President Droupadi Murmu the removal of Kerala Public Service Commission chairperson M.R. Baiju, citing alleged irregularities at the Commission. The step became public after he left the State. The President has not acted. Under Article 317, removal for misbehaviour needs a Supreme Court inquiry on the President's reference.

Syllabus: Prelims · Polity & Governance; GS4 · Probity in Governance; GS2 · Constitutional Bodies

Why this matters for UPSC

GS2 polity: appointment and removal in constitutional bodies. Prelims can ask who appoints, suspends and removes a State Public Service Commission member under Article 316 and Article 317; Mains, how security of tenure balances accountability.

Why it matters

A young graduate in Keralam who sits a State recruitment examination depends on the Commission's members being fair. If a Governor or a State government could sack those members at will, every result could be bent by fear or favour, and honest members could be pushed out for refusing a request. That is why their removal is slow and judge-led. The price is that charges against members can take years to settle. Here both worries meet: candidates want alleged malpractice cleaned up quickly, yet a shortcut around the Supreme Court would weaken the shield that protects fair selections in every State.

Prelims pointers

  • Article 145(1)(j): the Supreme Court, with the President's approval, makes rules for inquiries under Article 317(1); Order XLIII of the Supreme Court Rules, 2013 sets that procedure.
  • Article 316: as nearly as may be, half of every Commission's members must have held government office for ten years; a member cannot be reappointed after the term.
  • The Supreme Court hears a reference under Article 317(1) in its advisory jurisdiction and sends its report, with a recommendation, to the President.
  • Article 318: the Governor fixes a State Commission's strength and members' service conditions by regulations; conditions cannot be varied to a member's disadvantage after appointment.
  • Article 319(b): a former State Commission chairperson may become UPSC chairperson or member, or chairperson of another State Commission, but may take no other government employment.
  • Article 320(3)(c): a State Commission is consulted on disciplinary matters affecting State civil servants; under Article 320(4), it need not be consulted on how Article 16(4) reservations are made.
  • Article 323(2): a State Commission reports annually to the Governor, who lays the report before the State Legislature with reasons for any advice not accepted.
  • Article 315(2): a Joint State Public Service Commission is created by a law of Parliament after the legislatures of the States concerned pass resolutions.

Practise a UPSC-style question

With reference to the removal of a member of a State Public Service Commission, consider the following statements:

1. The President may remove a member for misbehaviour after the High Court of that State inquires and reports.

2. The President may remove a member who is adjudged an insolvent without any reference to the Supreme Court.

3. A member who shares in the profit of a contract made by the State Government is deemed guilty of misbehaviour.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (b) 2 and 3 only

Answer: (b) 2 and 3 only. Article 317 names the Supreme Court as the inquiring court and lists direct grounds and a deemed ground.

Statement 1: incorrect. Under Article 317(1), the inquiry on the President's reference is held by the Supreme Court, not by a High Court.

Statement 2: correct. Article 317(3)(a) lets the President remove a member adjudged an insolvent by order, with no Supreme Court inquiry.

Statement 3: correct. Article 317(4) deems a member who is interested in, or shares the profit of, a government contract or agreement to be guilty of misbehaviour.

Eliminate: Statement 1 swaps the Supreme Court for a High Court, so it is wrong. Out: (a), (c), (d).

Trap: Swapped attribution. The inquiry is pinned on the State's High Court, which sounds natural for a State body, but Article 317(1) gives it to the Supreme Court.

Remember: Misbehaviour needs the Supreme Court's report; insolvency, outside paid work or infirmity need only the President's order.

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