43 Union Public Service

uAAAAAAAMAAAAMAMAAMAU Commission
Public Service Commis. by the
h e U

hion
n i o i

president in the
manner
(UPSC)
is the ccntral rcoruiting in the Constitution as
prrwided
gency i n I n dlia. It is an indepcndent
n
ia The President can appoint one of the
|body in the sense that it has hers of the UPSC, as an
acting
mem
following two cirumstances chairman
onst
ritutional

hren directly created

by the Constitution. in the
in Part XIV of thc Consti (a) When the office of the
Articles 3 1 5 . 5 to 323 chairman falls
elaborate proOvisions regarding vacant; or
ontain
rem oval
t u t i o n c o n t a i n

ition,
appointment and (b) When the chairman is unahle to
t h ec o m p o s i t i

with the independence his functions due to absence orperform

membec
along wme
of functions of the SC. other reason.
powers a n d
The acting chairman functions till a
peron
appointed as chairman enters on the duties
COMPOSITION of the office or till the chairman is abie to
resume his duties.
consists of a chairman and other
UPSC
The the president of
appointed by
members
Constitution, without specifying REMOVAL
india. The
Commission has left the
the
the strength of The President can remove the chairman or
the of the president,
discretion
matter to
its composition. Usually, the any other member of UPSC from the office
who determines
of nine to eleven mem- under the following circumstances:
Commission consists
bers including the
chairman. Further, no qual (a) If he is adjudged an insolvent (that is,

the Commission's has gone bankrupt);:

ifications are prescribed for
one-half of the (b) If he engages, during his term of office,
membership except that
such in any paid employment outside the
members of the Commission should be
for at least duties of his office; or
persons who have held office
Government of (c) If he is, in the opinion of the president,
ten years either under the of
India or under the government of a state. unfit to continue in oftice by reason

Constitution also authorises the presi- infirmity of mind or body.

also
In addition to these, the president
can
Gent to determine the conditions of service member
remove the
chairman or any other
f the chairman and other members of the
However, in this
Commission. of UPSC for misbehaviour.
has to refer the
matter

he chairman and members of the case, the president If the

Court for an enquiry.
mmission hold office for a term of six years to the Supreme the
or after the enquiry, upholds
until they attain the of 65 which- Supreme Court, the presi-
ever age years, removal and advises so,
of member.
theirarlier.
cause
However, they can relinquish the chairman or a
offices at any time by addressing their dent can
remove

the
Constitution,
the
provisions of
Signation to Under the Court in this
Temoved the
be president. They can also tendered by the Supreme
before the expiry of their advise
term
 the president.
During the not cligible for
reapt
regard is binding
on
Court, office (i.c., not ment o tha
of enquiry by
the Supreme eligible for secd
Course

the president
can suspcnd the
chairman or
seond teram
the member of UPSC.
term
'misbchaviour' in this FUNCTIONS
Detining the states that the
Constitution The UPSC performs the
context,
chairman
the
or any other member of
the UPSC is
m i s b e h a v i o u r if he (a)
(a) It conducts
Cxaminations following functions
guilty of ments to the all-India for
deemed to be
concerned o r interested
in any contract or
services and puhli services,
(er ntral
is
agreement made by the Government of India
trally administered services of
territories. the
of a state, o r (b) participates
or the government (b) It assists the states (if
in any way in the profit of
such contract o r or more states to do requested br.
benefit therefrom other so) in framing
agreement o r in any operating schemes of joint recruitmer ,and
c o m m o n with
wise than as a member and in for any services for which nent
other members of an incorporated company. candidates
possessing special qualifications are
required.
INDEPENDENCE (c) It serves all or any of the needs of a stare
on the request of the state governor and
The Constitution has made the following pro with the approval of the president o
visions to safeguard and ensure the indepen- India.
dent and impartial functioning of the UPSC: (d) It is consulted on the following matter
(a) The chairman or a member of the UPSC related to personnel management:
can be removed from office by the (i) All matters relating to methods
of
president only in the manner and on the recruitment to civil services and tor
grounds mentioned in the Constitution. civil posts.
Therefore, they enjoy security of tenure. (ii) The principles to be followed in mak
(b) The conditions of service of the chairman ing appointments to civil services
or a member, though determined by the and posts and in making promo
president, cannot be varied to his disad- tions and transfers from one service
vantage after his appointment. to another.
(C) The entire expenses including the tor
(iii) The suitability of candidates
salaries, allowances and pensions of the and
appointments to civil services
chairman and members of the UPSC are transters
posts; for promotions and
and
charged on the Consolidated Fund of from one service to another;
India. Thus, they are not
subject to vote appointments by transfer or depu
of Parliament. departments
tation. The concerned
(d) The chairman of UPSC
(on ceasing to make recommendations for prome
hold office) is not UPSC to
ratify
eligible for further tions and request the
employment in the Government India of them.
or a state. attect

(e) A (iv) All disciplinary matters the a

member of UPSC under

hold office) is (on ceasing to ing a person

serving inil
in a t'
as the eligible for
appointment Govern ment
of India or

chairman of UPSC memorials

Public Service or a State

capacity including m a t t e

not for Commission

any other (SPSC), but petitions relating
to
such

Government of Indiaemployment in the These include:

Censure (Severe disapprova
Oval)

(f) The chairman or or a

state
(after having
a
member of UPSC is
Withholding o f incremen

completed his first

term)
-Withholding ofpromotions
 Union rUDIC SET

loss The UPs presentn, annually, to th

of pecuniary
Recovery
service or presidenta report un its prrormane The
to lower
Reduction P'resident places this report hefore brth
the
rank (Demotion)
Houses of Parliament, along with a mem
Compulsory retirement

Removal from service

randum explaining the cases where the advie
and the
of the Commission was not a.cepted
from service" sur.h
-
Dismissal
reimbursement
of rcasons for such non-aceptance. A/
tor
of non-acceptance he approwedhy
must
( ) A n y claim civil cAscs
incurred by a
Committee of the Union
legal
expenses the Appointments
legal pro-
or depart
cabinet. An individual ministry
in detending
servant himin
against to reject the advine of the
ceedings instituted execution ment has no power
done in the
respect of acts UPSC.
official duties.
of his
the award of pen-
a
claim for
(vi) Any of injuries
sustained
LIMITATIONS
sion in respect under the
while serving
by a person
ques- The following
matters arc kept outside the
of India and any
Government
jurisdiction of the UPSC, In other
of any such functional
to the a m o u n t the fol-
tion as
is not consulted on
words, thc UPSC
award.
appointments lowing matters:
Matters of temporary reservations of appoint
(vii) one year
and While making
for period
exceeding (a) favour of any back
appointments. ments or posts in
regularisation of
ward class of citizens.
on extension
to grant of consideration the
Matters related
(vii) of While taking into
of and re-cmployment
service (b) castes and
sched-
civil servants. claims of scheduled
certain retired appointments to
m a t t e r related
to person- uled tribes in making
other
(ix) Any services and posts.
nel management. selections for chair
that if the With regard to
the
Court has held (c) commis-
The Supreme membership of
UPSC in the manship or
fails to consult the highest
government
the aggrieved sions or tribunals, posts of
matters (mentioned above), and a bulk of group
in a court. In
nature
diplomatic
public servant has no remedy services.
that any irregu- C and group D
other words, the court held act to the selection for tem-
consultation with
the UPSC o r (d) with regard to
larity in not invalidate or officiating
appointment
consultation does porary is not
ng without person appointed
Thus, the a post if the
the decision of the government. more thand
provision is directory and
not mandatory. likely to hold the post for
selection
held that a ycar.
Similarly, the court
to exclude posts,
ser-

any right The president can

the UPSC does not confer purview of the
oy However, the vices and matters from the
ne post upon the candidate. the prest-
that
UPSC. The Constitution states
without
and
0VCrnment is to act fairly to the all-India
services and
arbitrariness or mala fides. dent, in respect
make regula-
relating to the Central services and posts may
h e additional functions shail
conferred on in which, it
services of the Unio can be 1ons specifying the matters But
the consulted.
also place not be necessary for UPSC to be
UPSC by the Parlian It can
the president
authority, corporate all such regulations made by
PSOnnel system of any within the jurisdic shall be laid before each House:
of Parliament
body or public institutior of
for at least 14 days. The
Parlianment can

tion the UPSC. H e n c e the jurisdiction

thc
an act
made by amend or repeal them.
UPSC canbe extended by
Parliament.
 ROLE advisory
nature and hence,
not
government. It is upto the binding on h
Union
The Constitution visualises the UPSC to be to accept or
reject zovernmen
that advise. The
the watch-dog of merit in India. It is guard is the answerability of the t
ate oniy
system'
concerned with the recruitment to the all-India to the Parliament for governme
departing from
the
services and Central services-group A and ommendation of the Commission. Further m

group B and advises the government, when government can also make rules which
consuited, on promotion and the scope of the reguiae
disciplinary
matters. It is not concerned with the
advisory functions of UPS(
classifi- The emergence of Central
cation of services, and service Vigilance
pay conditions, Commission (CVC) in 1964 atfected the
cadre management,
training, and so on. These role of UPSC in
disciplinary mattern. Th»
matters are handled by the is because both
Department of
Personnel and Training-one of the
are consulted by the govern
three ment while taking disciplinary action agains
departments of the Ministry of Personnel, a civil servant. The
Public Grievances and Pensions. problem arises when the
UPSC is only a central Therefore, two bodies tender
contlicting advise. Howeer
the recruiting agency while the UPSC, being an independent constu
Department of Personnel and Training is tional body, has an edge over the CVC, whih
the ceniral
personnel agency in India.
The role of UPSC is
1S Created by an executive resolution ot te
not only
also recommendations limited, but Government of India and conferred a stltt
made by it are
only of tory status in October 2003.
44 State Public Service
Commission
to the nion Public Service
arale (b) When the chairman is unable to
C o m m i s s i o n

(UPSC) at the Centre, his functions due to absence orprrform

P there is
a State

in
ublic Service Com-
state. he same set of
other reason. ome
(SPSC)
a
The acting chairman
ission
315 to 323 in Part NIV) of the functions tili the
Articles(1.e., person appointed as chairman enters
stitution also deal with the composi- duties of the office or till the on the
c
hairman abie
tion, opointment and removal of members, to resume his duties.
is

and functions and independence of

power

SPSC.

REMOVAL
COMPOSITION Although the chairman and members of a
SPSC are appointed by the
governor, they can
State Public
SerVIce Commission con- be removed only by the
president (and not
sists of a
chairman and other members by the governor). The president can remove
the governor of the state. The them on the same grounds and in the same
appointed by
Constitution does not specify the strength manner as he can remove a chairman or a
of the Commission but has left the matter member of the UPSC. Thus, he can remove
to the discretion of the Governor. Further, him under the following circumstances
no qualifications are prescribed for the
com- (a) lf he is adjudged an insolvent (i.e. has
mission's membership except that one-half gone bankrupt); or
of the members of the commission should (b) If he engages, during his term ot otfice
be such persons who have held office for at in any paid employment outside the

least ten years either under the government duties of his oftice; or
of India or under the Government of a state. (c) If he is, in the opinion of the presiden
The Constitution also authorises the governor unfit to continue in ottice by reasonof
to determine the conditions of service of the infirmity of mind or body
also
chairman and members of the In addition to these, the preside nt can

The chairman and members of the

Commission. remove any other
the chairman or member of
in this case,
LOmmission hold office for term of SPSC for misbehaviour. However,
a six matter to the
ears or until they attain the age of 62 years, the president has to reter the
If the Supreme
wIChever is earlier (in the case of UPSC, the Supreme Court tor an enquiry.
upholds the
cause
gE limit is 65 years). However, they can relin- Court, after the enquiry,
the president can
neir offices at any time by addressing of removal and advises so, Under
member.
Eir the chairman o r
a
resignation
The governor can the
remove
to
governor. the provisions of the Constitution, the
advise

bers of the appoint of the mem- one Court in this regard

SPSC tendered by the Supreme
as an chairman in the However, during
acting
O1lowing two circumstancesS: is binding o n
the president. Court,
(a) When the c o u r s e of enquiry
by the Supreme
office of the chairman falls the c

suspend the
o n c erned

vacant; or the governor

can
 44.2 tinal UPSC, or as the
pending
the

receipt of
or any other chairman of
SPSC,
or
member,
but that SPSc
Aer thenot for any other
on

employment under
chairman
president
order ot the
Court.
India or a state.
Government
emoval
Supreme defined
ot the has also
the report C o n s t i t u t i o n

The f The chairmaan or a of

urther,
the
'misbehaviour
in this
context.

or any
is (after ing member of
completed a

hiss SPsc
chairman
the term
that the
states
deemed to be term) not eligible for fitu
reappoir
Constitution

SPSC is
of a to that office
member
is concerned
(that is, not eligib
other
of
misbehaviour,
if he(a) agreement
second term). ment
guilty contract
or
for
interested in any
or the gov-
or
Government
ot India
made by the in any
participates
state, or (b)
ernment
of a agree-
FUNCTiONS
or
such c o n t r a c t
in the profit of otherwise
war
benetit theretronm
m e n t o r in any other with
and in common
A SPSC performs all
those
than as a member
incorporated company. of the state services as the
functions in.
members of an
UPSC does in
tion to the Central services:
(a) It conducts examinations
for
INDEPENDENCE ments to the services of the appoin.
Constitution has (b) It isconsulted on the state.
As in the case of UPSC, the
related to personnel following matten
made the following provisions to safeguard management
and e n s u r e the independent
and impartial i) All matters relating to
methods o
functioning of a SPSC: recruitment to Civil services ànd for
member of a SPSC civil posts.
(a) The chairman or a

can be removed from office by the presi- (ii) The principles to be followed in
dent only in the manner and on the making appointments to civil ser
grounds mentioned in the Constitution. vices and posts and in
making
Therefore, they enjoy the security of promotions and transfers from one
tenure service to another.
(b) The conditions of service of the chair (iii) The suitability of candidates for
man or a member, though determined appointments to civil services and
by the governor, cannot be varied to his posts; for promotions and transters
disadvantage after his appointment. from one service to another, and
(c) The entire expense including the sala-
appointments by transter or depu
ries, allowances and pensions of the
tation. The concerned departments
chairman and members of a SPSC are make recommendations for prome
charged on the
consolidated fund of the tions and request the SPSC to ratity
state. Thus, they are not subject to vote
of the state them.
legislature. (iv) All disciplinary matters attecting 3
(d) The chairman of a SPSC (on
hold office) is eligible for ceasing to person serving under the government
asthe chairman or a appointment of the state in a civil capacity includ
member of the relating
UPSC or as the chairman ing memorials o r petitions
of any other include:
SPSC, but not for any other to such matters. These

ment under the employ- -Censure (severe disapproval

or a state.
Government of India -Withholding of increnien
(e) A member of Withholding of promotions
a SPSC (on
hold office) is ceasing to
Recovery of pecuniary
los or
the
eligible for
appointment to lower
serviCe
as chairman or a member of the
Reduction

rank (demotion)
 Stote Puble Service Conminsion
443
ompulsory retirnmone
Removal Irom service LIMITATIONS
Dismissal trom servicn' Thelollowing matters utside the are
kept
An claim tor eimbursemen of untionl jurindietion In other of the SP
( incurod by a civil
legal expenses words, the SPsC is not consulted on the fol
legal pro- lowing natters
servan in detending
eedings
instituted against him in (a) Whilr making reervations of appoint
acts done in the execu nents or posts in lavour f any har k
respect ot
of his oflicial
duties. ward clans of citizens
tion
claim tor the award of a pen (b) While taking into tonsideration the
Ni) Anv
in respect of injuries
sustained claims of mcheduled castes and whed
sion
while serving under the uled tribes in making appointments tn
by a person
the state and any NCrvices ind post.
government ot
as to the amount
of any The governor can exclude posts, vervices
question and matters from the purview of the SPS
such award.

other matter related to the pr The Constitution states that the governor, in
(vii) Any and posts may
sonnel nnanagement. respect to the state services
Court has held that if
the make regulations specifying the matters in
The Supreme he necessary for SPSC to he
fails to consult
the SP'SC in which, it shall not
made by
government servant consulted. But all such regulations
the aggrieved public
matters, each House
before
these
in a court. In
other words, the governor shall be laid
has n o remedy for at least 14 days. The
the court held
that any irregularity
in con- ofthe state legislatureamend or repeal them.
without state legislature can
SPSC o r acting
sultation with the
consultation does not invalidate
the deci
Thus, the provision
sion of the government.
is directory
and not mandatory. Similarly, ROLE be the
by the SPSC visualises the SPSC to

the court held that a selection The Constitution

It is
to the post upon in the state.
does not confer any right watchdog of merit system' the state
the government is with the
recruitment to
the candidate. However, Concerned
when
and advises the
or
arbitrariness government,
to act fairly and without services
and disciplinary
malafides. consulted, on promotion
with the clas-
The additional functions
relating to matters. It is
not concerned
condi-
be conferred and service
sification of services, pay
the services of thc state can so on.
It can training and
on SPSC by the state legislature. tions, cadre management,
Department
handled by the
also place the system of any
personnel These matters are
Administration
General
body or public of Personnel o r a
the
SPSC is only
local authority, corporate of the Therefore, the
mstitution within the jurisdiction Department. state
while
in the
of SPSC can central recruiting
agency
SPSC. Hence the jurisdiction
General
Personnel or
the
of
made by the state Department central
De extended by an Act the
Administration
Department
is the
legislature. the agency
in the state.
but
he SPSC presents, annually, to personnel only limited,
of SPsC is not
its performance.
The The role it a r e only
80Vernor a report on made by
before both
r e c o m m e n d a t i o n s

binding
vernor places this report also
nature and hence, no
state
along advisory the
e Houses of the state legislature, of
government.
It is up to
cases the advice.
with a m e m o r a n d u m explaining the on
to accept
or reject that
of
"nere the advice of the Commission was governnent
saleguard is
the answerability

reasons for such The only

dccepted and the
non-acceptance.
 44.4 Indian Polity

the government to the state legislature toor JSPSC is statutory and not a
a

departig from the reconmmendation of the

Commission. Further, the government Can
body. The two states of
had a JSPSC for a short
Punjab and constitutional
Har
period, after the CTe ryana
also make rules which regulate the scope of ation of Haryana out of
Punjab in
theadvisory functions of SPSC" The chairman and members of 1966
Also, the emergence of State Vigilance appointed by the president. They hold
a
JSPSC, ar
Commission (SVC) in 1964 affected the role of for a term of six years or until office
SPSC in disciplinary matters. This is because thev
age of 62 years, whichever is earlier. attain the
both are consulted by the government while be suspended or remOved The can
taking disciplinary action against a civil ser
by the presidem:
They can also resign from their offices
vant. The problem arises when the two bodies at am
time by submitting their
tender conflicting advice. However, the SPSC, the president.
resignation letters
being an
independent constitutional body, The number of members of
has an edge over the SVC. a JSPSC and
their conditions of service are
Finally, the SPSC is consulted by the gov the president. determined
ernor while framing rules for
appointment A JSPSC
presents its annual
to
judicial
service of the state other than the performance
posts of district judges. In this
report to each of the concerned state gover
regard, the
Concerned state high court is also consulted.
nors. Each governor places the report betore
the state legislature.
The UPSC can also the needs
serve ot
state on the request of the state governor and
JOINT STATE PUBLIC SERVICE
with the approval of the
I|cOMMISSION president.
As provided by the Government of India t
The Constitution makes of 1919, Central Public Service
a
provision for the
a
Commission
establishment of a Joint
State Public Service
was set up in 1926 and entrusted with the task

Commission (JSPSC) fortwo or more

or
recruiting civil servants. The Governme
While the UPSC and states. of India Act of 1935 provided for the esu
the SPSC are
directly by the created Iishment of not only Federal
created by an actConstitution, a JSPSC can be
a Public
of Commission but also Provincial Publh
of the state Parliament on the
a
Service
request
legislatures concerned. Thus, Service Commission and Joint
Public
a es.
Commission for two o r more provinec