Union Public Service Commission

Topics Discussed: -

·       Introduction

·       Constitutional Provisions

·       Appointment and Tenure

·       Functions of UPSC

·       Independence of Commission

·       Suggestions to rejuvenate UPSC

·       Introduction

ü The first Public Service Commission was set up on October 1st, 1926.

ü However, its limited advisory functions failed to satisfy the people’s aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of the Federal Public Service Commission under the Government of India Act 1935.

ü Under this Act, for the first time, provision was also made for the formation of Public Service Commission at the provincial level.

·       Constitutional Provisions

ü Article-315. Public Service Commissions for the Union and for the States.

ü Article-316. Appointment and term of office of members.

ü Article-317. Removal and suspension of a member of a Public Service Commission.

ü Article-318. Power to make regulations as to conditions of service of members and staff of the Commission.

ü Article-319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

ü Article-320. Functions of Public Service Commissions.

ü Article-321. Power to extend functions of Public Service Commissions.

ü Article-322. Expenses of Public Service Commissions.

ü Article-323. Reports of Public Service Commissions.

·       Appointment and Tenure

                                        I.            The Commission consists of a Chairman and ten other members. They are appreciative to follow the rules mentioned in Union Public Service Commission (Members) Regulations, 1969.

                                     II.            All the members of the commission are appointed by the President of India with at least half of the members being the Civil Servants (working or retired) with no less than ten years of experience in Central or State service.

                                   III.            The Constitution of India has also espoused certain measures to guarantee the neutrality and fairness of the U.P.S.C.

                                  IV.            The Chairman of the Union Public Service Commission has not been authorized to take any office of profit under the central or any of the state governments after his retirement from service as chairman.

                                     V.            Furthermore, before the expiry of their term of service, the executive cannot remove the Chairman or any of the members of the commission from their service. They can be removed only through the means stipulated in the constitution. Apart from this, once these members are appointed the terms and conditions of their services cannot be changed.

                                  VI.            Art. 322 announces that the remuneration and allowances of these members including the chairman will be considered as expenditure charged upon the Consolidated Fund of India, which means that their salaries and allowances are not subjected to the approval of the Parliament.

                                VII.            The Secretariat of UPSC is led by a Secretary, two additional secretaries, joint secretaries, and deputy secretaries.

                             VIII.            Every member can hold office for six years or till the time he attains the age of 65 years, whichever is earlier.

                                   IX.            A member can submit his resignation at any time to the President of India.

                                     X.            On the other side, the President can eliminate him on the basis of misbehaviour.

                                   XI.            The UPSC submits a report of its work to the President annually. The report is then tabled in both houses of Parliament for discussion. The President places a memorandum in relation to the cases where the commission’s recommendations were not accepted. The memorandum elucidates the reasons for non-acceptance.

·       Functions of UPSC

ü The duty of the Union Public Service Commission will be to conduct examinations for appointment to the services of the Union. Art. 320 of the constitution of India have categorically itemized the functions of the Union Public Service Commission:

ü Foremost function of Union Public Service Commission is to advocate for appointment in administrative services the meritorious and potential young men and women after selecting them through All India competitive examinations.

ü Another function of U.P.S.C. is to assists them in framing and operating schemes of joint recruitment for any service for which candidates possessing special qualification.

ü Union Public Service Commission advises the President on “all matters relating to methods of recruitment to civil services and for civil posts.

ü Principles to be followed in making appointments to civil services and posts and in making promotions and transfers from the service to another and on the suitability of candidates for such appointments promotions or transfer.

ü Next function is to look at all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matter.

Other functions of Union Public Service Commission are as under:

ü To conduct examinations for appointment to the services of the Union and conduct interviews for direct recruitment.

ü To advise on any matter referred to them and on any matter which the president may refer to the appropriate commission.

ü To exercise such additional functions as may be provided for by an Act of Parliament regarding the services of the Union and also with respect to the services of any local authority constituted by law.

ü It shall be the duty of the Union Public Service Commission if requested by any two or more states, to assist those States in framing and operating schemes of joint recruitment for any service.

ü It is generally compulsory for the Government of India to consult the Union Public Service Commission in respect of all the above matters. Nevertheless, the President has the power to make rules, specifying the matters in which, either generally or in particular circumstances the commission may not be consulted. Under the Union Public Service Commission (exemption from consultation) regulations framed by the President in 1958, it is not obligatory for the President to consult the U.P.S.C. in the following cases.

ü Posts in respect of which the authority of appointment, has specifically been conferred by the constitution in the President, Chairman of members of any Board, Tribunal Commission, Committee or any other similar authority, created under a statute or under the authority of a resolution of either Houses of the Parliament or by a resolution of the government of India for conducting an enquiry into any matter or advising the government of specified matters.

ü Posts concerned with the administration of North-East Frontier Agency and any service or post in respect of which the commission has agreed that it is not necessary for it to be consulted. The temporary and officiating appointments can also be made without consulting the U.P.S.C. provided the incumbent is not likely to hold the post for more than a year. But intimation has to be sent to the commission regarding such appointment as soon as the posts are filled. Similarly, there is no need to make any reference to the commission regarding the reservation of posts in favour of backward classes, Scheduled Castes, Schedule Tribes.

·       Independence of Commission

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the UPSC:

ü The chairman or a member of the UPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. Thus, they enjoy security of tenure.

ü The conditions of service of the chairman or a member, though determined by the President, cannot be varied to his disadvantage after his appointment.

ü The entire expenses including the salaries, allowances, and pensions of the Chairman and members of the UPSC are charged on the Consolidated Fund of India and are not subject to the vote of Parliament.

ü The chairman of the UPSC on ceasing to hold office is not eligible for further employment in the Government of India or any state.

ü A member of the UPSC is eligible for appointment as the Chairman of UPSC or a State Public Service Commission but not for any other employment in the Government of India or any state

ü The chairman or a member of UPSC is not eligible for reappointment to that office for a second term.

·       Suggestions to Rejuvenate UPSC

§  To serve as a think-tank on personnel issues: It should go beyond the recruitment role to answer evolving issues relating to civil services and their role in a rapidly changing society.

§  Association of Research Institutes and Universities in the functioning of UPSC: Services are often out of touch with new developments in technology and knowledge. UPSC should liaison with such institutions to conduct regular specially designed courses for administration

§  Need of Decentralization on the pattern of US: The increase in work of the commission has been manifold, it currently handles more than 14 lakh applications and scrutinises and advises in regard to 650 Recruitment Rules of different services/posts. There is a need of decentralization to effectively align with this increase in workload

§  Keep in sync with changing times: UPSC so far has worked with remarkable competence, impartiality and integrity.

However, a new world based on openness, accountability and delivery has emerged. UPSC needs to be in sync with these changes.