The Constitution of India
Article 378
Provisions as to Public Service Commissions
(1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.
Why this exists
The Constitution replaced British-era 'Dominion of India' and 'Provinces' with the Union of India and States. Public Service Commissions were already functioning bodies with sitting members serving fixed terms. Article 378 is a transitional provision ensuring administrative continuity — so that the switch to the new constitutional order on 26 January 1950 didn't suddenly leave these commissions empty or force disruptive reappointments, while still preserving the safeguards (like removal only via the Article 316(2) proviso, referring to the Article 317 process) that protected members' independence.
Common misconceptions
- Myth: Article 378 gave old Public Service Commission members brand-new terms under the Constitution.
Fact: It did not reset their terms — they continued only until the original term fixed under the pre-Constitution rules expired. - Myth: Article 316's rules on tenure and age applied fully to these carried-over members from day one.
Fact: The article expressly excludes clauses (1) and (2) of Article 316 for them, though the proviso to Article 316(2) (relating to removal) still applied.