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   the
Chairman  and  the  Members of the State  Public  Service   Commissions
remained unchanged.

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   of  Government
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   of
University  Professors has been recently raised to 60.  It will not be
attractive  for  these  academicians  to serve  on  a   Public  Service
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   Government  after
retirement.   Consequently,  no eminent academician will be  eager   to
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.

NEW DELHI;                                                  OM MEHTA.

The 18th August, 1976.

  THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976

                                        [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   years"
shall be substituted.