Recruitment to UPSC and SPSC Flashcards
Union Public Service Commission
Independent constitutional body directly created by the constitution
Article 315 to 323 in the part 14 of the constitution
Composition
Chairman and members are appointed by president
Consists of 9 to 11 members including the chairman
No qualification prescribed for commission’s membership, except ½ of the members of the commission should be people who have held office work for at least 10 years either under the Government of India or under the state government
The constitution also authorizes the President to determine the conditions of service of chairman and other members of the commission
Tenure
The chairman and members of the commission hold office for 6 years or until they attain the age of 65
They can resign to the president only
They can also be removed before the expiration of the term by president in the manner as provided by the constitution
President can appoint one of the members of UPSC as an acting chairman, when the office of chairman falls vacant. Or when the chairman is unable to perform his functions due to absence or other reasons
Removal
Before expiration of the term by the president in manner provided by the constitution
Only by the president and not by the governor
Under circumstances: if he adjudged an insolvent, if he engages in any paid employment outside the duties of the office during his term of office, or if he is in opinion of the president unfit to continue in office by the reason of infirmity of mind or body
In addition, the president can also remove the chairman or any member of UPSC or state PSC for Misbehaviour
In this case, the president has to refer the member to the supreme court for an enquiry
Advice tendered by the supreme court in this regard is binding on the president
During the course of enquiry by the supreme court, the governor (not the president) chairman or any member of UPSC
Independent and impartial functioning
Chairman or member of UPSC or state PSC can be removed from office by president only in manner and on grounds mentioned in the constitution
Service of the chairman or member though is determined by the president cannot be varied to his disadvantage after appointment
The entire expenses including the salaries, allowances and pensions are charged on the consolidated fund of India
Chairman of UPSC or state PSC is not eligible for further employment in centre or state but is eligible for the chairman of UPSC or the chairman of any other state PSC
The chairman or member of spsc is not eligible for reappointment to that office, that is not eligible for a second term
Outside jurisdiction of UPSC
Making reservation of appointments for OBCs, SC’s and ST’s.
Selections for the membership of commissions, chairmanship and tribunals
Selection for temporary or official appointment to a post if the person appointed is not likely to hold the post for more than a year
Function of the UPSC
Come back’s examinations for appointments in all India services, Central services, and Public services
All matters relating to methods of recruitment to civil services and for civil posts
Assists the state if requested by two or more States in framing and operating schemes of joint recruitment
It serves all or any of the needs of a state on request of State governor with the approval of president
Matters related to the grant of extension of service or reemployment of certain retired civil servants
Jurisdiction of UPSC can be extended by an act made by parliament
UPSC presents an annual report to the president on its performance
President places this report before the two houses of the Parliament
Role of the UPSC
It is the watchdog of the merit system
Its role is not only limited but also recommendations made by it are only of advisory nature and hence not binding on the government
The emergence of the central vigilance Commission in 1964 affected the role of UPSC in disciplinary matters (conflicting advice)
Independent constitutional body but has an edge over the CVC
It was created by an executive resolution of the Government of India and conferred statutory status in october 2003
State public service commission
Parallel to UPSC at state level
Independence constitutional body directly created by the constitution
Provision regarding the members along the lines of independence, powers functions
Tenure: 6 years until 65
Composition
SPSC consists of a chairman and other members appointed by the president or governor
Number of members unspecified
No qualifications prescribed for the commission’s membership
Except that ½ of the members of the commission should be such people who have held office for at least 10 years either under the Government of India or under the state government
The constitution also authorisees the president or the governor to determine conditions of service of chairman and other members of the commission
Removal
Before expiration of the term by the president in manner provided by the constitution
Only by the president and not by the governor
Under circumstances: if he adjudged an insolvent, if he engages in any paid employment outside the duties of the office during his term of office, or if he is in opinion of the president unfit to continue in office by the reason of infirmity of mind or body
In addition, the president can also remove the chairman or any member of UPSC or state PSC for Misbehaviour
In this case, the president has to refer the member to the supreme court for an enquiry
Advice tendered by the supreme court in this regard is binding on the president
During the course of enquiry by the supreme court, the governor (not the president) chairman or any member of UPSC
Note:
The president or governor can appoint one of the members of UPSC or spsc as an acting chairman under the following circumstances:
When the office of the chairman falls vacant
When the chairman is unable to perform his functions due to absence or some other reason
An acting chairman functions till a person is appointed as chairman enters into the duties of office or till the chairman is able to resume his duties
Independent and impartial functioning
Chairman or member of UPSC or state PSC can be removed from office by president only in manner and on grounds mentioned in the constitution
Service of the chairman or member though is determined by the governor cannot be varied to his disadvantage after appointment
The entire expenses including the salaries, allowances and pensions are charged on the consolidated fund of state
Chairman of UPSC or state PSC is not eligible for further employment in centre or state but is eligible for the chairman of UPSC or the chairman of any other state PSC
The chairman or member of spsc is not eligible for reappointment to that office, that is not eligible for a second term
Functions
Conducts examination for the appointments to the services of the state
All matters relating to the methods of recruitment to civil services and for civil posts
Principles to be followed in making appointment to civil services and posts and in making promotion, transfer, service to another matter related to the grants or extension of service, re-employment of certain retired civil servants
Jurisdiction of SPSC can be extended by an act made by State legislature
SPSC presents annually, to the governor a report on its performance
President places this report before the houses of state legislature
Outside jurisdiction of SPSC
Making reservations of appointments for the OBCs, SCs, and STs
Claim of SCs and STs in making appointments to services and post
The governor can exclude posts, service, and matters from purview of SPSC
Birth constitution states that all such regulations made by the governor shall be late before each house of the state legislature for at least 14 days
The state legislature can amend or repeal them
Role of SPSC
Watch dog of the merit system
Its role is not only limited but it’s recommendations are also only of advisory nature and not binding on the government
The emergence of the state vigillance commission in 1964 affected the role of spsc in disciplinary matters and were conflicting
It is an independent constitutional body but has an edge over the state vigilance Commission as it is created by an executive resolution of the government of state and conferred a statutory status
