ABOUT UNION PUBLIC SERVICE COMMISSION

                                           

The Union Public Service Commission (UPSC) is the central recruiting

agency in India. It is an independent constitutional body in the sense that

it has been directly created by the Constitution. Articles 315 to 323 in Part

XIV of the Constitution contain elaborate provisions regarding the

composition, appointment and removal of members along with the

independence, powers and functions of the UPSC.

COMPOSITION :-

The UPSC consists of a chairman and other members appointed by the

president of India. The strength of commission is discretion of President of India, who decides the composition ( usually 9-11 member are there in commission including chairman)

QUALIFICATION :-

 No qualifications are prescribed for the Commission’s membership except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of India or under the government of a state.

The Constitution also authorises the president to

determine the conditions of service of the chairman and other members of the

Commission.

TERM OF OFFICE :-

The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

REMOVAL :-

The President can remove the chairman or any other member of UPSC from :-

the office under the following circumstances:

(a) If he is adjudged an insolvent (that is, has gone bankrupt);

(b) If he engages, during his term of office, in any paid employment outside

the duties of his office; or

(c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

In addition to these, the president can also remove the chairman or any other member of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member.

SALARY AND ALLOWANCE :-

The entire expenses including the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India. Thus, they are not subject to vote of Parliament.

RE-APPOINTMENT :-

1) The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state.

2) A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state

3) The chairman or a member of UPSC is (after having completed his first term) not eligible for reappointment to that office (i.e., not eligible for

second term)

FUNCTIONS :-

The UPSC performs the following functions:

(a) It conducts examinations for appointments to the all-India services, Central services and public services of the centrally administered territories.

(b) It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(c) It serves all or any of the needs of a state on the request of the state governor and with the approval of the president of India.

(d) It is consulted on the following matters related to personnel management:

(i) All matters relating to methods of recruitment to civil services and for civil posts.

(ii) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one

service to another.

(iii) The suitability of candidates for appointments to civil services and posts; for promotions and transfers from one service to another; and

appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the UPSC to ratify them.

(iv) All disciplinary matters affecting a person serving under the Government of India in a civil capacity including memorials or petitions relating to such matters. 

These include:

— Censure (Severe disapproval)

— Withholding of increments

— Withholding of promotions

— Recovery of pecuniary loss

— Reduction to lower service or rank (Demotion)

— Compulsory retirement

— Removal from service

— Dismissal from service

(v) Any claim for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duties.

(vi) Any claim for the award of a pension in respect of injuries sustained

by a person while serving under the Government of India and any

question as to the amount of any such award.

(vii) Matters of temporary appointments for period exceeding one year

and on regularisation of appointments.

(viii) Matters related to grant of extension of service and re-employment

of certain retired civil servants.

(ix) Any other matter related to personnel management.

ARTICLES GOVERNING UPSC AND THERE SUBJECTS :-

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 membersand staff of the Commission.

319 -Prohibition as to the holding of office by members of commission on ceasing to be such member.

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.

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