41st Amendment Of Indian Constitution

41st amendment of indian constitution

The 41st Amendment of Indian Constitution is officially known as THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976. The Constitution’s Article 316(2) was modified by this modification. As a result, the State Public Service Commissions’ chairman and members’ retirement age was raised from 60 to 62.

Continue reading the article on the Forty-first amendment of the Indian Constitution. This will enable you to learn more about the Indian Constitution.

41st Amendment Of Indian Constitution

On 7 September 1976, the 41st Amendment came into effect. On August 26, 1976, the Constitution (Forty-third Amendment) Bill, also known as the Constitution (Forty-first Amendment) Act, was introduced in the Lok Sabha. Om Mehta, a minister of state in the home affairs ministry at the time, introduced it.

This aimed to change Article 316(2) of the Constitution. The State Public Service Commission and Joint Public Service Commission members’ retirement age was increased from 60 to 62 by the 41st amendment to the Indian Constitution.

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Statement of Objects And Reasons

The Chairman and Members of a State Public Service Commission or Joint Commission are required to resign under Article 316(2) of the Constitution at the age of 58 or six years after taking office, whichever occurs first. When the Constitution went into effect, this situation existed. The High Court Judges’ retirement age was raised to 58. In contrast, it remained the same for the Chairman and Members of the State Public Service Commissions.

According to the same law, each Public Service Commission must include half of its members who work for the Indian government or a state government. Originally, 55 was the retirement age for government workers. However, it was eventually amended to 58 for employees of the All-India Services, the Central Government, and numerous States governments. They are consequently uninterested in joining the Commission. This is due to the fact that they will only have two years to serve, a position that is undesirable from the perspective of the efficient functioning of the Commission.

Professors from universities are eligible to be appointed to state public service commissions. The retirement age for university professors was recently raised to 58. If the retirement age remains sixty, it won’t be tempting for these academics to join a Public Service Commission. After retirement, the Chairman or Members of a State Public Service Commission are not permitted to work for the Union of India or a State Government. So long as the retirement age is not raised to 62, no eminent academician will be keen to accept the appointment to the Commission.

The idea is to make the State Public Service Commission’s Chairman and Members’ retirement age 62. This suggestion is intended to be implemented through the Bill.

See Also – 42nd Amendment Of Indian Constitution

Salient Features

Who introduced it? Om Mehta, then Minister of State in the Ministry of Home Affairs.
When it was Introduced? In the Lok Sabha on 26 August 1976,
The official name of the Amendment THE CONSTITUTION (FORTY-FIRST AMENDMENT) ACT, 1976.
Which articles were amended? Article 316(2)

Important Provisions

Amendment of article 316.-In article 316 of the Constitution the phrase “sixty years” shall be replaced with “sixty-two years” in clause (2). Article 316(2) of the Constitution has been amended to raise the age of retirement of the Chairman and Members of the State Public service Commissions from 60 to 62 years.

Conclusion

The 41st Amendment went into effect on 7 September 1976. With this modification, the retirement age for chairmen and members of joint public service commissions and state public service commissions is raised from sixty to sixty-two.

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