Which Article of the Constitution prescribes mandatory consultation with RPSC on disciplinary matters affecting a person serving under Government of Rajasthan ?

Correct — option (1), Article 320(3).

Article 320 sets out the functions of Public Service Commissions. Clause (3) lists the matters on which the Union or a State Public Service Commission "shall be consulted".

Sub-clause (c) of that clause covers "all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters".

For a person serving under the Government of Rajasthan, the State Commission is RPSC. So consultation with RPSC on disciplinary matters comes from Article 320(3).

The same clause has a proviso: the Governor may make regulations naming matters on which the Commission need not be consulted. Article 320(5) requires those regulations to be laid before the State Legislature.

Options (2), (3) and (4) cite clauses that do not exist: Articles 318, 322 and 325 are not divided into numbered clauses.

Why the others are wrong

• (2)
  Article 318(1) — Article 318 has no clause (1). It is one provision, and it lets the Governor, for a State Commission, make regulations on the number of members and staff and their conditions of service.

  Its proviso protects a member: conditions of service cannot be varied to his disadvantage after appointment. It says nothing about consultation on disciplinary matters.

• (3)
  Article 322(2) — Article 322 is a single paragraph with no clause (2). It provides that a Commission's expenses, including salaries, allowances and pensions of members and staff, are charged on the Consolidated Fund — of the State, for a State Commission.

  That protects the Commission's finances; it does not deal with disciplinary consultation.

• (4)
  Article 325(4) — Article 325 is not about Public Service Commissions at all. It is in Part XV, on elections, and provides one general electoral roll for every territorial constituency.

  No person can be kept off that roll on grounds only of religion, race, caste or sex. The article is a single paragraph with no clause (4).

Articles 315 to 323, in Part XIV of the Constitution, deal with Public Service Commissions.

For a State Commission, the Governor appoints the Chairman and members (Article 316), who serve six years or until age 62. Removal is by the President (Article 317). Expenses are charged on the State's Consolidated Fund (Article 322).

Article 320(3) makes the Commission an adviser on recruitment methods; principles for appointments, promotions and transfers and the suitability of candidates; disciplinary matters; legal-cost claims; injury-pension claims; and any other matter the Governor refers to it.

The advice is not binding. Under Article 323(2) the Commission reports annually to the Governor, who lays the report before the Legislature with reasons wherever its advice was not accepted.

Key facts

• Article 320(3)(c) requires consultation with the Public Service Commission on all disciplinary matters affecting a person serving the State in a civil capacity.
• A proviso to Article 320(3) lets the Governor make regulations listing matters on which the State Commission need not be consulted.
• Article 320(5) requires those regulations to be laid before the State Legislature for not less than fourteen days.
• Article 323(2) requires a State Commission to report annually to the Governor, who lays the report before the Legislature.
• RPSC came into existence on 22 December 1949; its first Chairman was Sir S. K. Ghosh, then Chief Justice of Rajasthan.

Common traps

• Trusting an article number with an invented clause. Articles 318, 322 and 325 have no numbered clauses, so 318(1), 322(2) and 325(4) cannot be the answer.
• Confusing Article 320(3) with Article 311. Article 311 gives the civil servant's own safeguards against dismissal or removal; Article 320(3)(c) requires the Commission to be consulted.
• Reading "shall be consulted" as "shall be obeyed". The Commission advises; where its advice is not accepted, Article 323 requires reasons before the Legislature.

UnlockIAS will link similar questions from RAS Pre 2023 and 2016 here once those papers are published on this site.

• practice — not a real PYQ

  Under which Article of the Constitution does the Rajasthan Public Service Commission present its annual report to the Governor?

  • (a)Article 315
  • (b)Article 317
  • (c)Article 320
  • (d)Article 323
  Answer(4) — Article 323(2) requires a State Commission to report annually to the Governor. Article 315 (1) provides for Public Service Commissions, Article 317 (2) deals with removal and suspension of members, and Article 320 (3) sets out their functions.
• practice — not a real PYQ

  The expenses of the Rajasthan Public Service Commission, including the salaries and pensions of its members and staff, are charged on the:

  • (a)Consolidated Fund of India
  • (b)Consolidated Fund of the State
  • (c)Contingency Fund of the State
  • (d)Public Account of the State
  Answer(2) — Article 322 charges a State Commission's expenses on the Consolidated Fund of the State. The Consolidated Fund of India (1) bears the expenses of the Union Commission. The Contingency Fund (3) and the Public Account (4) are not named in Article 322.