Union Public Service Commission(UPSC)-

• UPSC is a Constitutional Body under Article 315-323 Part XIV Chapter II of the Constitution of India.

• Article 315(1) says that Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

Composition and qualification-

• We can find the detail of Composition of UPSC in Article 316. 

• UPSC consists of Chairman and other members.

• The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State (Article 316(1))

This Article(316) Also mention One Important condition and that is-

• Nearly as may be one-half of the members of every Public Service Commission shall be persons, who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State

Note-

• The number of members of the Commission and the conditions of their service are not mentioned in our constitution and are left to be determined by the President, which means the Central government

Term –

• The chairman and member occupy the office for 6 years or till they reach 62 years.

Reappointment –

• A person who holds office as a member or chairman of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-appointment to that office

Note -

• A member can be appointed as Chairman of the UPSC or or as the Chairman of a State Public Service Commission.

Salary and Resignation

Salary-

• The salaries and allowances of the State Public Service Commission (SPSC) are charged on the Consolidated Fund of the State. This includes the salaries, allowances, and pensions of the commission's staff and members

Resignation-

• A member of a State Public Service Commission may resign from his/her office by submitting the written resignation to the Governor of the State.
• Removal/Suspension of Members: The Chairman or any other member of SPSC shall only be removed from his/her office by order of the President of India.

Removal –

• The procedure of removal o Chairman and members of UPSC (or Joint or State PSC) is mentioned under Article 317.

Grounds-

• The chairman or a member of the Commission can be removed from office by the President on the ground of misbehavior.

Enquiry-

• It is only after an inquiry by Supreme Court, on a reference being made to it by the President. Pending the inquiry by the Court, the President may suspend the member concerned.

What is the meaning of Misbehavior?

Misbehavior is defined under article 317(4)

• If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior

There are also some other grounds on which chairman or members can be removed -

The President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be—

(a) Is adjudged an insolvent.

(b) Engages during his term of office in any paid employment outside the duties of his office.

(c) Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body

Functions of Public Service Commission -

• It shall be the duty of the Union Public Service Commissions to conduct examinations for appointments to the services of the Union.

• It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

• Advising the Government on all matter relating to methods of Recruitment to various services and posts.

• Disciplinary cases relating to different civil services.

• To look into Promotion related matters of the public servant

Commission is consulted on following matters (Article 320(3))-

(a) on all matters relating to methods of recruitment to civil services and for civil posts.

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers.

(c) on all disciplinary matters affecting a person serving under the Government of India.

(d) on any claim by or in respect of a person who is serving or has served under the Government of India

(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving
under the Government of India

• The Supreme Court has held that if the government fails to consult UPSC in the matters the aggrieved public servant has no remedy in a court.

• The Constitution states that the president, in respect to the all-India services and Central services and posts may make regulations specifying the matters in which, it shall not be necessary for UPSC to be consulted. But all such regulations made by the president shall be laid before each House of Parliament for at least 14 days

Other Aspects-

Power to extend functions of Public Service Commission-

• Parliament has the power to extend functions of Public Service Commission.

Reports of The commission-

• It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission.

• Where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

Limitations of Commission-

• UPSC is not consulted while making reservation in jobs.

• UPSC is not consulted posts which are for high diplomatic importance, Group C or D services and With regard to the selection for temporary or officiating appointment to a post if the person appointed is not likely to hold the post for more than a year.