Union Public Service Commission
- Central Recruiting Agency, Independent Constitutional body
- Article 315 to 323 in Part XIV deals with Composition, Appointment, Removal, etc
- Composition
- Chairman + Members (Usually 9-11)
- President may determine the number of members
- Qualification was not given
- One half members should be such persons who have held office for at least 10 years either under the Government of India or State
- Conditions of Service are determined by President
- Terms
- Chairman and Members hold office for a term of 6 years or until he attain the age of 65 years, whichever is earlier
- Resignation to President
- They can also be removed by President
- President can appoint one of members as acting Chairman when
- The Office of Chairman falls vacant
- The Chairman is unable to perform his functions due to absence or some other reasons
- The acting Chairman functions till a person appointed as Chairman enters in the duties of Office or till the Chairman is able to resume his duties
- Removal
- President can remove in following circumstances
- If he is adjudged an insolvent
- If he engages in any paid employment outside the duties of office
- If he is unfit to continue in opinion of President
- Misbehaviour (Interested or Participation in Government Contract)
- Case referred to SC
- Till then President can suspend
- Independence
- Members can be removed by President only in manner mentioned in Constitution. (Security of tenure)
- Service condition can’t be varied to disadvantage after his appointment
- Entire expenses are charged on Consolidated Fund of India
- Chairman is not eligible for further employment in Government of India and State
- Member of UPSC is eligible for appointment as Chairman of UPSC or SPSC but not any other employment
- Chairman or Member not eligible for reappointment i.e., for 2nd term
- Functions
- It conducts examinations for appointments to the All India Services, Central Services and Public Services of centrally administered territories
- It assists the State in framing and operating schemes of Joint recruitment for any services for which candidates possessing special qualifications are required
- It serves all or any of the needs of state on the request of Governor and with approval of President
- It is consulted on matters related to personal management
- All matters relating to methods of recruitment to civil services and for civil posts
- The principles to be followed in making appointments to civil services and posts and in making promotions and transfers
- Suitablity of candidates for appointments
- All disciplinary matters affecting a person serving under the Government of India like censure, withholding increments, removal from service, etc
- Any claim for reimbursement
- Any claim for the award of pension in respect to injuries while service
- Matters of temporary appointments exceeding one year
- SC has held that if Government fails to consult UPSC, the aggrieved public servant has no remedy in court (i.e., remains valid)
- The jurisdiction of UPSC can be extended by an act made by Parliament
- UPSC presents annually a report to President on its performance
- President places this report before both the Houses of Parliament, along with a memorandum explains the cases where the advice of Commission was not accepted and the reasons for such non acceptance
- Limitations
- While making reservations
- Considering the claims of SC, ST appointment
- Selections for Chairmanship
- Selection of temporary appointments
- President can exclude some posts from UPSC
- All such must be put before both houses before 14 days
- Role
- Watch dog of Merit System
- Recruitment of All India Services and Central Services – Group A and Group B
- Role of UPSC is limited and advisory and not binding on Government