Chapter 40: UNION PUBLIC SERVICE COMMISSION
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.
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
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
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.
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.
expense of UPSC is charged on the
consolidated fund on India.
examination for appointments to all India, central
service and public service.
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.
request of governor on approval of president, UPSC can
serve all or any need of
is consulted on matters of personnel requirement like:
matters, deciding suitability of candidates, their
promotion and transfer.
of legal expense incurred by a civil servant in
defending an action performed
in course of official duty.
of employees, pension for injuries sustained on duty,
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.
U.P.S.C isn’t consulted
in the following matters
for posts taking consideration to claims of backward
caste, SC and ST.
to chairmanship of tribunals, diplomatic posts and Group
C and D posts.
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.
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