Union Public Service Commission and State Public Service Commissions (Articles 315–323)

At a Glance

• What it is The central and state recruiting agencies for civil services
• Articles 315 to 323 in Part XIV
• Term Six years; age limit 65 (UPSC) and 62 (SPSC)
• Nature of advice Advisory, not binding
• Exam link UPSC Prelims, Polity: Constitutional Bodies

Where Does It Fit?

This is the second topic of the category on Constitutional Bodies. The Union Public Service Commission is the central recruiting agency in India and an independent constitutional body. Parallel to it, each state has a State Public Service Commission, and the same Articles 315 to 323 govern both.

Composition and Tenure

The UPSC consists of a chairman and other members appointed by the President. The Constitution leaves the strength to the President and prescribes no qualifications, except that one-half of the members must have held office for at least ten years under the Government of India or a state government. The chairman and members hold office for six years or until the age of 65, whichever is earlier, and may resign by writing to the President. A State Public Service Commission has a chairman and members appointed by the Governor, with the same ten-year rule for half the members, and the age limit is 62 years (originally 60, raised by the 41st Amendment Act of 1976). The President can appoint a member as acting chairman of the UPSC, and the Governor can do so for a State Commission, when the chairman’s office is vacant or he or she is unable to perform the functions. This provision was added by the 15th Amendment Act of 1963.

Removal

The President can remove the chairman or any member of the UPSC if he or she is adjudged an insolvent, engages during the term in paid employment outside the duties of the office, or is, in the President’s opinion, unfit to continue by reason of infirmity of mind or body. The President can also remove for misbehaviour, but must refer the matter to the Supreme Court for inquiry, and its advice is binding. During the inquiry the President can suspend the chairman or member. The Constitution deems a member guilty of misbehaviour if he or she is concerned or interested in any contract or agreement made by the Government of India or a state government, or participates in its profits other than as a member of an incorporated company in common with other members.

A State Commission’s chairman or member is appointed by the Governor but removed only by the President on the same grounds. During the Supreme Court inquiry, it is the Governor who can suspend the member. In 1993 the Supreme Court ruled that the appointment of a blind university professor as a member of a State Commission cannot be set aside on the ground of infirmity of body or mind.

Independence

1. Removal only in the manner and on the grounds mentioned in the Constitution, so they enjoy security of tenure.
2. Conditions of service, though determined by the President or Governor, cannot be varied to the disadvantage of the member after appointment.
3. Entire expenses, including salaries, allowances and pensions of members and staff, are charged on the Consolidated Fund of India (or of the state) and are not subject to vote.
4. The UPSC chairman is not eligible for any further employment under the Government of India or a state after ceasing to hold office. A UPSC member is eligible to be chairman of the UPSC or an SPSC but not for other employment.
5. An SPSC chairman is eligible to be chairman or member of the UPSC or chairman of another SPSC, and an SPSC member is eligible to be chairman or member of the UPSC or chairman of that or another SPSC, but not for other employment.
6. No member is eligible for reappointment after the first term.

In 1979 the Supreme Court upheld the appointment of A.R. Kidwai, a former UPSC chairman, as the Governor of Bihar, ruling that the office of the Governor is a constitutional office and not employment under the government.

Functions of the UPSC

The UPSC conducts examinations for appointments to the all-India services, Central services and the public services of the centrally administered territories. It assists states, on request of two or more, in framing and operating schemes of joint recruitment for services requiring special qualifications, and serves the needs of a state on the request of the Governor with the approval of the President. It is consulted on methods of recruitment, on principles for appointments, promotions and transfers, on disciplinary matters affecting a civil servant, on claims for reimbursement of legal expenses of a civil servant in official proceedings, on claims for pension for injuries sustained in service, and on any matter referred by the President. A State Commission performs the same functions in relation to state services and is consulted by the Governor on rules for appointment to the judicial service of the state other than district judges, in which case the high court is also consulted.

The Supreme Court has held that failure to consult the Commission gives the aggrieved public servant no remedy in a court, so the consultation provision is directory and not mandatory. Selection by the Commission confers no right to the post, though the government must act fairly and without arbitrariness or mala fides. Parliament can confer additional functions on the UPSC and place the personnel system of any authority, corporate body or public institution within its jurisdiction. The state legislature can do the same for the SPSC. Each Commission presents an annual report, which is placed before the legislature with a memorandum explaining cases where its advice was not accepted and the reasons.

Limitations and Role

The President can make regulations specifying matters in which the UPSC need not be consulted, laid before Parliament for at least 14 days. These are the UPSC (Exemption from Consultation) Regulations, 1958. The Governor can do the same for the SPSC. The Constitution visualises the Commission as the watch-dog of the merit system, but its role is limited to recruitment to the all-India and Central Group A and B services and advice on promotion and discipline. It is not concerned with classification, pay, cadre management or training, which are handled by the Department of Personnel and Training, so the UPSC is only the central recruiting agency while that Department is the central personnel agency. Its advice is not binding, and the emergence of the Central Vigilance Commission in 1964 affected its role in disciplinary matters, though the UPSC, a constitutional body, has an edge over the CVC.

Joint State Public Service Commission

A Joint State Public Service Commission for two or more states can be created by an Act of Parliament on the request of the state legislatures concerned, so it is statutory and not constitutional. Its chairman and members are appointed by the President, hold office for six years or until age 62, and can be suspended or removed by the President. It presents its annual report to each of the concerned Governors.

Why Is This Topic Important?

• Core body Highly likely in Prelims
• Candidate interest Aspirants relate to its functions
• Comparison UPSC versus SPSC differences are asked

What Came Next?

The next topic covers the Finance Commission under Article 280.

Key People and Terms

• Article 315 Public Service Commissions
• Misbehaviour Interest in government contracts
• Exemption regulations Matters outside consultation
• Joint SPSC Statutory commission for two or more states
• Watch-dog of merit Role in recruitment

Exam Corner

Mains Angle

Questions on this topic usually ask about independence, role and limitations. Use these points to add depth.

• Independence provisions Tenure, expenses, bar on further employment
• Limited role Advisory and recruitment-focused
• Matters excluded Exemption regulations
• Overlap CVC in disciplinary cases