Union Public Service Commission (UPSC)

• The UPSC is the central recruiting agency in India and an independent constitutional body.
• Articles 315 to 323 in Part XIV of the Constitution contain provisions regarding the UPSC.

Composition

• Consists of a chairman and other members appointed by the President.
• The President determines the composition.
• One-half of the members should have held office for at least ten years under the Government of India or a state government.
• The President determines the conditions of service for the chairman and members.
• Term: 6 years or until age 65, whichever is earlier.
• Members can resign to the President.
• The President can appoint an acting chairman in specific circumstances:
  • When the office of chairman is vacant.
  • When the chairman is unable to perform duties.
• The acting chairman functions until a new chairman is appointed or the current chairman resumes duties.

Removal

• The President can remove the chairman or any member under specific circumstances:
  • If adjudged insolvent.
  • If engaged in paid employment outside the duties of the office.
  • If unfit to continue in office due to infirmity of mind or body.
• Removal for misbehaviour requires a Supreme Court enquiry.
• The Supreme Court's advice is binding on the President.
• The President can suspend the chairman or member during the enquiry.
• "Misbehaviour" definition: being concerned or interested in any government contract or agreement, or participating in its profits except as a member.

Independence

• Provisions to ensure independent functioning:
  • Security of tenure: removal only on grounds mentioned in the Constitution.
  • Conditions of service cannot be varied to their disadvantage after appointment.
  • Expenses (salaries, allowances, pensions) are charged on the Consolidated Fund of India (not subject to vote of Parliament).
  • The Chairman of the UPSC is not eligible for further employment under the Government of India or a state.
  • A member of the UPSC is eligible to become Chairman of UPSC or SPSC but not any other employment.
  • Chairman or Member is not eligible for reappointment.

Functions

• Conducts examinations for appointments to All-India Services, Central Services, and public services of centrally administered territories.
• Assists states (if requested by two or more) in framing joint recruitment schemes.
• Serves the needs of a state on request of the state governor and with the President's approval.
• Consulted on:
  • Methods of recruitment to civil services and posts.
  • Principles for appointments, promotions, and transfers.
• Advises on disciplinary matters, reimbursement of legal expenses, and pension claims of civil servants.
• The Supreme Court held that failure to consult UPSC does not invalidate the government's decision.
• The UPSC's selection does not confer a right to the post.
• Parliament can confer additional functions on the UPSC and extend its jurisdiction.
• The UPSC presents an annual report to the President, who lays it before Parliament with a memorandum explaining cases of non-acceptance of the Commission's advice.

Limitations

• Matters outside UPSC's jurisdiction:
  • Reservations of appointments for backward classes.
  • Considering claims of SCs/STs in appointments.
  • Temporary appointments unlikely to exceed one year, if immediate action is required.
  • Appointments to Group C and Group D Central Services.
  • Appointments to Chairmanships/Memberships of boards, commissions, tribunals.
  • Appointments to Heads of Diplomatic Missions abroad.
• The President can exclude posts/services from UPSC purview.
• Regulations made by the President are laid before Parliament, which can amend or repeal them.
• UPSC (Exemption from Consultation) Regulations, 1958.

Role

• The UPSC is the 'watch-dog of merit system' in India.
• Concerned with recruitment to All-India Services and Central Services (Group A and B).
• Advises on promotion and disciplinary matters.
• Not concerned with classification of services, pay, training, etc.
• These matters are handled by the Department of Personnel and Training (DoPT).
• UPSC is a central recruiting agency, while DoPT is the central personnel agency.
• UPSC's recommendations are advisory and not binding.
• Government can make rules regulating the scope of UPSC's advisory functions.
• The emergence of the Central Vigilance Commission (CVC) has affected UPSC's role in disciplinary matters.

Articles related to UPSC

Article No.	Subject-matter
315	Public Service Commissions for the Union and for the states
316	Appointment and term of office of members
317	Removal and suspension of a member of a Public Service Commission
318	Power to make regulations as to conditions of service of members and staff
319	Prohibition as to the holding of office by members after ceasing to be such
320	Functions of Public Service Commissions
321	Power to extend functions of Public Service Commissions
322	Expenses of Public Service Commissions
323	Reports of Public Service Commissions