Chapter 40: UNION PUBLIC SERVICE COMMISSION

Introduction

Composition:

The commission has a chairman and other members as determined by the president [usually 9 – 11]. Constitution hasn’t given any qualifications except that 1/2 of the members should have at least 10 years of experience under central or state government.

Term:

The chairman and member occupy office for 6 years or till they reach 65 years. They can resign by writing to president and also be removed by president before their term expires.

Grounds for removal are proved misbehaviour or incapacity. In this case president has to refer matter to SC and if SC inquiry finds him guilty then SC can advice removal. This advice is binding on president.

Other grounds are engages in paid employment, becomes bankrupt or in presidents opinion is unfit to continue due to infirm body or mind.

President can suspend the chairman or member pending investigation.

President can appoint acting chairman from amongst the members if the office of chairman falls vacant or chairman can’t discharge duties.

Independence of Commission:

1.     Commission members aren’t eligible for reappointment to same post. Chairman is ineligible for reappointment under any government. Member of UPSC can only be appointed as chairman of UPSC / SPSC.

2.       All expense of UPSC is charged on the consolidated fund on India.

Functions:

        1.      Conducts examination for appointments to all India, central service and public service.

        2.    It assists states for framing and operating schemes of joint recruitment for any service where candidates need special qualifications. But two or more states should request it.

        3.      With request of governor on approval of president, UPSC can serve all or any need of state.

        4.      It is consulted on matters of personnel requirement like:

 

·         Disciplinary matters, deciding suitability of candidates, their promotion and transfer.

·         Reimbursement of legal expense incurred by a civil servant in defending an action performed in course of official duty.

·         Reappointment of employees, pension for injuries sustained on duty, miscellaneous personnel matters.

The advice of UPSC is not binding on government. Consultation of UPSC is a discretionary power not mandatory and can’t be challenged in courts.

The jurisdiction of UPSC can be extended by parliament. UPSC presents an annual report to president which is tabled in the house. Only the appointments committee of the cabinet can reject advice of ministry but it must give reasons for non acceptance. Individual ministries or departments can’t reject.


Limitations:

U.P.S.C isn’t consulted in the following matters

        1.      Appointment for posts taking consideration to claims of backward caste, SC and ST.

        2.      Selection to chairmanship of tribunals, diplomatic posts and Group C and D posts.

        3.      Temporary post where position is for less than 1 year.


President can exclude posts, services, matters from purview of UPSC.

With respect to all India and central services president can make regulations specifying matters where consultation of UPSC isn’t necessary but such regulations have to be approved by parliament within 14 days.

Creation of CVC has affected its role in consultation on disciplinary matters.

Quiz

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