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Union Public Service Commission (UPSC)

  • Context (TH): The Union Public Service Commission (UPSC) opposed an anticipatory bail plea by a former IAS probationer.

UPSC Union Public Service Commission

  • UPSC is an independent constitutional body under Part XIV (Article 315-323) of the Indian Constitution, which conducts merit-based examinations for direct recruitment of officers to the All India Services and the Central Civil Services (Group A and B).
  • It was established on 1 October 1926 as the Public Service Commission, which was later reconstituted as the Federal Public Service Commission by the Government of India Act 1935.
  • It was renamed the Union Public Service Commission after the independence in 1947.

Appointment and Conditions of Service

  • Article 316: The Commission comprises the chairman and other members appointed by the President.
    • One-half of the members should be persons who have held office for at least ten years, either under the Government of India or the Government of a state.
    • Every member holds office for 6 years or until he attains the age of 65, whichever is earlier. They are ineligible for reappointment to that office, but a member can be appointed chairman.
    • A member may also resign by submitting their written resignation to the President.
  • Article 318: The President decides the number of members and conditions of service.
  • Article 319 prevents the chairman from further employment either under the Government of India or the Government of a state.

Removal

  • Article 317: The Chairman or any other member of UPSC shall only be removed from his/her office by order of the President of India on the grounds of misbehaviour.
    • The Chairman or any other member of UPSC may be removed if he/she/they:
    1. is adjudged an insolvent.
    2. engages during his/her term of office in any paid employment outside the duties of his/her office.
    3. is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
    4. on the ground of proved misbehavior and incapacity after the Supreme Court has held the ground for removal of the chairman or the member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president.

Functions

  • Article 320: The functions of the Commission are:
    1. Conduct examinations for appointment to the services of the Union.
    2. Direct recruitment by selection through interviews.
    3. Appointment of officers on promotion / deputation / absorption.
    4. Framing and amendment of Recruitment Rules for various services and posts under the Government.
    5. Disciplinary cases relating to different Civil Services.
    6. Advising the Government on any matter referred to the Commission by the President of India.
  • Article 323: The commission presents an annual report to the President. The President shall provide to each House of Parliament a memorandum explaining the cases where the advice of the Commission was not accepted.

Limitations

  • The advice of the body is not binding on the government. However, an individual ministry or department has no power to reject the advice of the UPSC.
  • The court held that any irregularity in consultation with the UPSC or acting without consultation on the matters enumerated in the UPSC (Exemption from Consultation) Regulations, 1958 made by the President does not invalidate the decision of the government.
    • However, it is to be laid before each house of the Parliament for at least 14 days. The Parliament can amend or repeal them. An act made by the Parliament is needed to extend the jurisdiction of UPSC.

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