Article 378 of Indian Constitution specifies transitional provisions for Public Service Commissions. It allows members of Public Service Commissions before the commencement of the Constitution to continue their tenure under the new system, either in a State or Joint State Public Service Commission. These members would serve until their terms end, as per pre-existing rules unless they chose otherwise. The article bridges the gap between the old system and new constitutional framework. It ensures continuity in governance. Explore in-depth analysis of other Constitutional Articles.

Article 378 of Indian Constitution

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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Download Free PDF Article 378 of Indian Constitution

Article 378 of Indian Constitution ensures the smooth transition of the Public Service Commissions that existed before the commencement of Constitution into the newly established structure. The commissions operating for the Dominion of India and Provinces are treated as the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC) under the Constitution. The transition guarantees that the functioning and appointments of these commissions continue without disruption until new provisions are made.

Article 378 of Indian Constitution Significance

Article 378 of Indian Constitution under Part XXI plays an important role in ensuring continuity and stability in functioning of Public Service Commissions during the transition to the new constitutional framework. It preserves the validity of existing commissions and integrates them into the unified framework of the Union and State Public Service Commissions.

• Seamless Transition: It guarantees uninterrupted operations of pre-existing Public Service Commissions under the new constitutional system and ensures continuity in public service recruitment.
• Legal Continuity: It maintains the legality of appointments and functions of existing commissions and preserves stability in governance.
• Unified Structure: Article 378 of Indian Constitution integrates the older commissions into the unified structure of the UPSC and SPSC. It ensures consistency in recruitment processes for both Union and State services.

Article 378 of Indian Constitution ensures that the existing Public Service Commissions transition smoothly into the new constitutional structure without interruption. It permits continued operation of public service recruitment processes. It ensures continuity and maintains a unified structure for public service commissions across the nation.

• Continuation of Operations: Existing Public Service Commissions are deemed to be appointed according to Constitution and continue their operations until new provisions are introduced
• Non-Disruption: It guarantees no disruption in operations of the commissions during the transition and ensures stability in government services and recruitment
• Unified Public Service Structure: Article 378 of Indian Constitution aligns the previous commissions with the Constitution. It creates a consistent and unified framework for public service recruitment across Union and State levels.

Article 378 of Indian Constitution Judicial Pronouncements

There are no landmark judgements that particularly interpret Article 378 of Indian Constitution as it mainly addresses transitional provisions regarding the Public Service Commissions. The article aims to ensure the smooth integration of pre-existing commissions into the constitutional framework. Since Article 378 of the Constitution deals with a procedural and transitional aspect it has not been the subject of major judicial scrutiny or interpretation in important court rulings. Thus, it remains a functional provision rather than one that has been extensively debated in judicial cases.

Conclusion

Article 378 of Indian Constitution played an important role in facilitating the smooth transition of the Public Service Commissions from the pre-Constitutional era into the newly established framework. By ensuring that the existing commissions continue to function without interruption, it preserves legal continuity and supports the smooth operation of public service recruitment processes.