Article 316(2) of the Constitution
provides that the Chairman and
Members of a State Public Service Commission or Joint Commission shall
retire at 60 or hold office for a term of six years from the date on
which they enter service, whichever is earlier. This was the position
when the Constitution came into force. Subsequently, while the age of
retirement of the High Court Judges was raised to 62, that of
Chairman and the Members of the State Public Service
The same article provides that one-half of the
members of every Public
Service Commission shall be employees of the Government of India or
the Government of a State. The age of retirement
employees was 55 originally but was later raised to 58 in the case of
All-India Services, Central Government servants and the Government
servants of several States. Membership of the
Commission is no
attraction, therefore, to them, as they will have only two years to
serve on the Commission which position is not desirable from the point
of view of the efficient functioning of the Commission.
Academicians like University Professors are
eligible for appointment
to the State Public Service Commissions. The age of retirement
University Professors has been recently raised to 60. It will not be
attractive for these academicians to serve on a
Commission if the age of retirement
remains sixty. The
Chairman/Members of a State Public Service Commission are forbidden to
serve under the Government of India or a State
retirement. Consequently, no eminent academician will be eager
accept appointment on the Commission unless the age of retirement is
raised to 62.
The proposal is to raise the age of
retirement of the Chairman and
Members of the State Public Service Commissions to 62. The Bill seeks
to give effect to this proposal.
The 18th August, 1976.
THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT,
[7th September, 1976.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament
in the Twenty-seventh Year of the
Republic of India as follows:-
1. Short title.-This Act may be called
the Constitution (Forty-first
Amendment) Act, 1976.
2. Amendment of article 316.-In article
316 of the Constitution, in
clause (2), for the words "sixty years", the words "sixty-two
shall be substituted.