UPSC

Notes

The Union Public Service Commission (UPSC) is a constitutional body (Art. 315-323, Part XIV). It evolved from the Public Service Commission (1926) and the Federal Public Service Commission (1935) and became the UPSC in 1950.

Composition

A Chairman and other members appointed by the President; the President decides the strength. At least half of the members must have held office for ten years under the Government of India or a State.
Term: six years or until age 65, whichever is earlier.
Removal (Art. 317): by the President on grounds of insolvency, paid employment outside duties, or infirmity of mind or body; or for misbehaviour, after an inquiry by the Supreme Court whose advice is binding. The President may suspend the member during the inquiry.
Post-retirement: the Chairman cannot hold any further office under the Government; members may become Chairman of the UPSC or a State PSC but nothing else.

Functions (Art. 320)

Conduct examinations for appointments to All-India Services, Central Services and services of Union Territories.
Assist States in joint recruitment (Art. 315(2)) when requested.
Consulted on: methods of recruitment, principles of appointment, promotion and transfer, disciplinary matters (suspension, removal), claims for legal expenses and pensions.
Submits an annual report to the President, laid before Parliament (Art. 323). Parliament may extend its functions (Art. 321).
Its advice is advisory and not binding on the Government (State of UP v Manbodhan Lal Srivastava, 1957). It is not consulted on reservation in appointments (Art. 335).

State Public Service Commissions: members are appointed by the Governor but can be removed only by the President. A Joint State PSC can be created by Parliament on States' request (Art. 315).

Key Points

Art. 315-323; established as UPSC in 1950.
Six years or age 65; removed only by the President after a Supreme Court inquiry.
Conducts examinations for All-India and Central services.
Advice is not binding.
State PSC members: appointed by the Governor, removed by the President.

MCQs

Q1. The Chairman and members of the UPSC are removed by: (a) Parliament (b) President after a Supreme Court inquiry for misbehaviour (c) CJI (d) Prime Minister Ans: (b). Art. 317.

Q2. The tenure of the UPSC Chairman is: (a) 5 years or age 62 (b) 6 years or age 65 (c) 6 years or age 62 (d) 5 years or age 65 Ans: (b).

Q3. Members of a State Public Service Commission are appointed by the: (a) President (b) Governor (c) Chief Minister (d) UPSC Ans: (b). Removed only by the President.