The Constitution of India
Article 319
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.
Why this exists
The Public Service Commissions were designed by the Constitution's framers as independent, merit-based bodies to recruit and advise on civil service appointments, free from political or executive influence. If members or Chairmen could look forward to lucrative government jobs after their term, they might be tempted to please the government of the day while still in office, compromising their independence and the fairness of recruitment. Article 319 closes this door by restricting post-retirement employment, ensuring the Commissions' decisions remain neutral and merit-driven, while still allowing limited lateral movement between related Public Service Commission roles.
How courts read it
Courts have generally read Article 319 as an absolute post-retirement bar rather than a mere convention, emphasizing that its purpose is to safeguard the independence of the Public Service Commissions under Article 320. Judicial discussions, including in cases dealing with the scope of the UPSC's constitutional role, have treated this restriction as central to preventing conflicts of interest, though there is no single landmark case that has substantially reinterpreted its plain text.
Common misconceptions
- Myth: All Public Service Commission members are barred from every future job, including private ones.
Fact: Article 319 only restricts future employment under the Government of India or a State Government; private sector or non-government roles are not covered by this Article. - Myth: The Chairman of the UPSC can later become Chairman of a State Public Service Commission.
Fact: Under Article 319(a), a former UPSC Chairman is completely barred from any further government employment, including heading a State Commission — this flexibility exists only for former State Commission Chairmen and ordinary members, not for a former UPSC Chairman.