39. Union Public Service Commission Flashcards
Composition : UPSC
Chairman and other members appointed by the President of India, who has also been entitled to determines the composition as per his discretion.
Usually, it consists of 9 to 11 members + the Chairman.
No qualifications are prescribed for the commissions membership in the constitution except,
- one-half of the members be such persons who have held office for at least 10yrs either under govt of India or the govt of state.
Constitution also authorises the president to determine the conditions of the service of the chairman and the other members of the commission.
The chairman and members of the commission hold office for a term of 6yrs or until they attain the age of 65yrs, whichever is earlier. *However they can relinquish their offices at any time by addressing their resignation to the president.
They can also be removed by the president in the manner as provided in the constitution.
What is Union Public Service Commission?
The 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.
Removal of the chairman/members: UPSC
The PRESIDENT can remove the chairman or any other member of UPSC from the office under following circumstances:
- If s/he is adjudged an INSOLVENT;
- If s/he engages, during his term of office, in any PAID EMPLOYMENT OUTSIDE THE DUTIES of his office; or
- If s/he is, in the opinion of the president, UNFIT to continue in the office by reason of INFIRMITY OF MIND or BODY.
Also, president can remove any member for MISBEHAVIOUR or PROVEN MISCONDUCT, but with consonance with SUPREME COURT.
Independence of the UPSC
The constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the UPSC:
- SECURITY of TENURE:
The chairman of the UPSC can only be removed from the office by the president of India in a manner and on the grounds mentioned in the constitution.
- UNALTERABLE CONDITIONS OF SERVICE (after appointment):
The conditions of service of the chairman or a member, though determined by the president, cannot be varied to his disadvantage after his appointment.
- ALL EXPENSES ON CONSOLIDATED FUND OF INDIA:
The entire expenses including the salaries, allowances and pensions of the chairman and members of the UPSC are charg ed on the Consolidated Fund of India. Thus, they are not subject to vote of Parliament.
- NO FURTHER EMPLOYMENT:
The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state.
- a. 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.
- b. The chairman or a member or UPSC is (after having completed his first term) not eligible for reappointment to that office (i.e., not eligible for second term)
Functions: UPSC
a) CONDUCTS EXAMINATIONS:
for appointments to the all-India services, central services and public services of the centrally administered territories.
b) ASSIST JOINT RECRUITMENTS:
It assists the states (if requested) 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 needs of the state on the request of the state governor and with the approval of the president of India.
d) PERSONNEL MANAGEMENT:
It is consulted on the following matters related to personnel management,
- All matters relating to the methods of recruitment to civil services and for civil posts.
- The principle to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another.
- The suitability of candidates for appointments to civil services and posts; and appointment by transfer or deputation. The concerned departments makes recommendations for promotion and request UPSC ratify them.
- All disciplinary matters affecting a person serving under the govt 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 - 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.
- Any claim for the award of a pension in respect of injuries sustained by a person while serving under the govt of India and question as to the amount such award.
- Matters of temporary appointments for period exceeding one year and on regularisation of appointments.
- Matters relating to the grants of extension of service and re-employment of certain retired civil servants
- Any other matter related to personnel management
The Supreme Court held that any irregularity in consultation with the UPSC or acting without consultation DOES NOT INVALIDATE THE DECISION of the GOVT.
Thus, the PROVISION IS DIRECTORY and NOT MANDATORY.
Similarly the court held that a SELECTION BY THE UPSC DOES NOT CONFER ANY RIGHT TO THE POST UPON THE CANDIDATE. However, the govt is to act fairly and without arbitrariness or malafides.
The additional functions relating to the services of the union can be conferred on UPSC by the parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC. Hence the jurisdiction of UPSC can be extended by an act made by the parliament.
The UPSC presents, annually to the president a report on its performance. The president places this report before both Houses of Parliament, along with memorandum explaining the cases where the advice of commission was not accepted and reasons for such non-acceptance. All such cases of non acceptance must be approved by the Appointment Committee of the Union Cabinet.
AN INDIVIDUAL MINISTRY OR DEPARTMENT HAS NO POWER TO REJECT TO REJECT THE ADVICE OF THE UPSC.
What are the limitations of the UPSC
The following matters are kept outside the jurisdiction of UPSC:
- While making reservations of appointments or posts in favour of any backward classes of citizens.
- While taking into consideration the claims of SCs and STs in making appointments to services and posts.
- With regard to the selection for the chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of group C and group D services.
- With regard to the selection for temporary or officiating appointment to a post if the person appointed is not likely to hold a post for more than a year.
The president can exclude posts, services and matters from the purview of UPSC and possesses constitutional sanction for making regulation in respect to the all-India services, central services and posts without consulting the UPSC, IN CONSONANCE WITH BOTH THE HOUSES OF THE PARLIAMENT, laying such matters for at least for 14 days in front of both the houses. Parliament can amend or repeal them.
What is the role of UPSC
The Constitution visualises the UPSC to be the ‘watch-dog of merit system’ in India.
It is concerned with the recruitment to the all India services and central services–group A and group B and advices the govt, when consulted, on promotion and disciplinary matters.
IT IS NOT CONCERNED ABOUT THE CLASSIFICATION OF SERVICES, PAY, AND SERVICE CONDITIONS, CADRE MANAGEMENT, TRAINING AND SO ON. *these matters are handled by the Dept. Personnel and Training–one of the three departments of Ministry of Personnel, Public Grievances and Pensions.
Therefore UPSC is only a central recruiting agency and Dept.Personnel and Training is the central personnel agency in India.
The recommendations made by the UPSC are only of advisory nature and hence, not binding on the govt.
Further, the govt can also make rules which regulate the scope of the advisory functionS of the UPSC.
How does the emergence of the CVC in 1964 affected the role of UPSC in disciplinary matters?
This is because both are consulted by the govt while taking disciplinary action against a civil servant.
The problem arises when the two bodies give conflicting advise.
However, UPSC being the independent constitutional body has an edge over CVC, which created by an executive resolution of govt of India and conferred statutory status in Oct,2003.
