Important Commissions Of India – UPSC

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Union Public Service Commission

The Union Public Service Commission is an independent constitutional body created under Article 315 of the Constitution. Article 315 of the Constitution provides that there shall be a Public Service Commission for the Union. This article makes it obligatory for the Union Government to constitute a public service commission. Functions of the Commission: The functions of the UPSC fall into four 4 categories namely:

  • Executive functions,
  • Regulatory functions,
  • Judicial functions,
  • Miscellaneous function

Executive Functions

The mandatory function of the UPSC is to conduct examinations for making selections to those public positions of the union government which fall vacant from time to time (Article 320). The Union Public Service Commission also has the responsibility if requested by two or more states to assist them in framing and operating schemes of joint recruitment (Article 320(2)).

Regulatory Functions

As per Article 320(3) the regulatory functions are of an advisory nature. The Commission tenders advice on matters relating to i). The method of recruitment and ii) The principles to be followed in making appointments, promotions and transfers from one service to another and the suitability of candidates for such appointments, promotions or transfers.

Door Quasi-Judicial Functions

The Commission has been accorded a status close to the judiciary as its functions involve the exercise of judicial discretion in certain matters as per different clauses of Article 320 of the Constitution. Thus it advises on: a) All disciplinary matters affecting civil servants working under the Government of India, including petitions relating to such matters; b) Any claims by an officer that government should bear the cost of his defence in legal proceedings instituted against him in respect of acts done in his official capacity, and Any claims in regard of pension in respect of injuries sustained by a servant while serving the government and any question as to the amount of any such award.

Composition of the UPSC

The Union Public Service Commission is a multi-member body. It consists of a Chairman and other members. The exact strength of the Commission is not specified in the constitution. The President determines its strength (Article 318). The Constitution (Article 316) provides that, as nearly as may be, one-half of the members must be persons who have held office for at least ten years under the Government of India. If the office of the Chairman of the Commission becomes vacant, the functions have to be performed by one of the members of the Commission as the President may appoint for the purpose.

Appointment

Article 316 of the Indian Constitution makes the provision for the appointment of the chairman and members of the UPSC. It states that the President of India will appoint the chairman and members.

Tenure of Office

A member of the UPSC normally holds office for a term of 6 years or till he attains the age of 65 years whichever is earlier (Article 316). The Constitution does not make a distinction between the tenure of a Chairman and the tenure of the members. In case a member serving his 6 years term is elevated to the post of Chairman, then he would be eligible for a fresh term of 6 years subject to the limitation that he does not attain the age of 65 years. The constitution confers the right of resignation to a member. A member can resign by addressing a letter to the President of India.

Removal and Suspension of a Member

The Constitution of India in Article 317 has envisaged two circumstances when a member of the Commission ceases to hold office, apart from his right of resignation. In the first, the initiative lies with the President to take steps for his removal, while in the second, the member ceases to hold office by automatic disqualification. Under the first arrangement, a member of the commission is removable from office by order of the President on proof of misbehaviour.

The Supreme Court on a reference by the President will hold an enquiry following the prescribed procedures. Orders are not issued by the President for a member’s removal unless the Supreme Court reports that he ought to be removed on grounds of misbehaviour.

In cases of misbehaviour alone, the matter is referred to the Supreme Court so that the Commission is immune from political pressures. However, the Constitution does not elaborate on the categories of acts falling under ‘misbehaviour’. So far, no chairman or member of the Commission has been removed on this ground. The second circumstance relates to the automatic disqualification of a member.

The constitution deals with four conditions where a member may be automatically disqualified namely insolvency, engagement in any other employment, infirmity of mind or body and if the member becomes or is 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 and benefits from the contract.

Article 317 also provides for the suspension of a member pending an enquiry by the Supreme Court. The President has the power to suspend from office the Chairman or any other member during an enquiry being conducted by the Supreme Court.

Terms of Office

Article 316 of the constitution makes elaborate provisions regarding the terms of office of the members of the Public Service Commission. No member of the Union Public Service Commission can be re-appointed to that office. Article 319 states that on ceasing to hold office.

The chairman of the UPSC shall be ineligible for further employment under the Government of India or the government of a state, and A member, other than the chairman, UPSC, shall be eligible for appointment as the chairman of the UPSC or as the chairman of a state public service commission but not for or any other employment, either under the Government of India or under the government of a state.

The Supreme Court has held that the office of the Governor of a State, the Office of the High Court Judge, any office in the Universities and Public Corporations cannot be treated as employment under the government. There is no bar on retired members of the UPSC, contesting elections to Union Parliament or State Legislatures.

Expenses of the Commission

The expenses of the UPSC, including salaries, allowances and pensions payable to the chairman, members and staff, are charged on the Consolidated Fund of India. Only those members are paid pensions who have served the UPSC for at least three years, Annual Report of the Commission, It is the duty of the Union Public Service Commission to present annually to the President a report (Article 323), as to the work done by the Commission and on receipt of such report the President causes a copy thereof together with a memorandum explaining the cases, if any, where the advice of the Commission was not accepted. In such cases, the reasons, for non-acceptance, should be laid before each House of Parliament.

Matters on which the UPSC need not be consulted are

  1. All civil and criminal judicial posts in Union territories are under the control of a High Court.
  2. Posts in the Presidents / Vice Presidents Secretariat.
  3. Posts in the Government hospitality organization under the ministry of external affairs.
  4. Posts of National Research Professors under the Ministry of Education.
  5. All posts dealing with external intelligence in the Govt. of India.
  6. Teaching posts to be filled in by transfer or deputation under the Lal Bahadur Sastry National Academy of Administration.
  7. On LOT Orhanit no All Technical and Administrative posts under the department of space and the space commission. 8.
  8. Posts in the Central Reserve Police and the Indo-Tibetan border force.

Here are some more Important Commissions Of India – SPSC, JPSC.

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