Previous Year Question

According to Article 315(2) of the Constitution, two or more States may agree that there should be one Public Service Commission for that group of States. A resolution to that effect must then be passed by the Legislature of each concerned State. In a State having a bicameral Legislature, the resolution must be passed by both Houses.

After such resolutions are passed, Parliament may by law provide for the appointment of a Joint State Public Service Commission. Thus, neither the Lok Sabha alone nor the Rajya Sabha alone establishes it; it is established by Parliamentary law.

Therefore, the phrase “if requested by concerned States” in option (b) is broadly correct, but its precise constitutional meaning is that the Legislatures of the concerned States must pass resolutions. A mere executive request by State Governments is not sufficient.

Another important fact is that the Chairman and other Members of a Joint Commission are appointed by the President. In contrast, the Chairman and Members of an individual State Public Service Commission are appointed by the Governor of the State. This distinction is provided in Article 316(1).

The distinction between Article 315(2) and Article 320(2) is also important. Article 315(2) concerns the establishment of a Joint State Public Service Commission, whereas under Article 320(2), the UPSC may, at the request of two or more States, assist them in framing and operating schemes of joint recruitment for services requiring candidates with special qualifications. These are not the same arrangement.

For examination purposes, the sequence can be remembered as:

Agreement of two or more States → Resolution by concerned State Legislatures → Law by Parliament → Joint State Public Service Commission.

Hence, option (b) is correct.