The Union Public Service Commission (UPSC) is India’s premier central recruiting agency. It is responsible for appointments to and examinations for All India services and group A & group B of Central services.
The Public Service Commission’s came into existence for the first time in 1926 when the Central Public Service Commission was established under the Government of India Act, 1919. It was renamed as the Federal Public Service Commission after 1st April 1937, on the introduction of Government of India Act, 1935. This Act had also made a provision for the creation of Provincial Public Service Commissions. Article 315(1) of the Constitution provides for service commissions for both the Union and the States. For the Union, it is known as the Union Public Service Commission (UPSC) and for the States, it is known as State Public Service Commission (SPSC). It also provides that if the legislatures of two or more States authorize the Parliament by resolutions, it may establish a Joint Commission for those States.
The Need of Independent Agency for Recruitment:
Recruitment of civil servants has to be neutral, unbiased and free from prejudices of any kind. Then alone any merit system will inspire confidence. To ensure objectivity and impartiality in recruitment, several measures have been taken. The constitution of an independent agency in the form of a public service commission for recruitment is one. Through this agency :
- the executive branch has been divested of the power of making recruitment to the superior levels of civil services.
- the agency thus created is an extra-departmental body such as a commission, which functions outside the normal machinery of government.
- a special constitutional status is conferred on this agency to ensure autonomous functioning. It must be remembered that the commission is only a recruiting agency and not an appointing authority. The authority of making appointments rests with the government.
Constitutional Status:
The constitutional status is intended to ensure the Commission to function without fear or favour. This can be facilitated when its composition, role and authority, privileges of its members, method of appointment and removal of members, qualifications for appointment and ground for removal etc. are constitutionally protected. The Commission can function without being influenced by political or other extraneous consideration. Confirment of constitutional status is, thus, meant to provide safeguards against any possible encroachment on the authority and independence of the commission either by the executive or the legislature.
Moreover, the Union Public Service Commission may also if requested by the Governor of a State agree with the approval of the President to perform the work of a State Commission.
Composition:
The number of members constituting the Union Public Service Commission or of a Joint Public Service Commission and the conditions of their service are determined by the President of India and in the case of State Public Service Commission by the Governor of the State concerned by regulations.
The authorized strength of UPSC including chairman is 10. At present there are 10 members: 9 members and one chairman. There are usually 3 to 4 members of the state commission besides the chairman. The members of UPSC and of the Joint Commission are appointed by the President and those of State Public Service Commission by the Governor (Article 316(1)).
The commission has its own staff. Its senior staff comprises one Secretary, one controller examination, one joint secretary, eight deputy secretaries, twenty-eight under-secretaries and one Finance and Accounts Officer.
Requirements:
It is provided in the Constitution that one-half of the members of the Commission, Union or State, must have held office for at least ten years either under the Government of India or the Government of a State.
Tenure:
A member of Public Service Commission shall hold office for a period of 6 years. Unless he attains the age of 65 in case of Union Commission or 60 years in case of State Commission, whichever is earlier. If he attains the age of retirement he has to retire even before the expiry of normal terms of 6 years.
Resignation or Removal Member of Commission:
A member may himself resign from his office. He may also be removed from his office by order of the President on the ground of misbehaviour if on a reference made by the President the Supreme Court, after enquiry, report to the President that he should be removed. If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract, agreement made by or on behalf of the Government of India or State Government or participates in any way in the profits or emolument resulting from such contract, or agreement he shall be deemed to be guilty of misbehaviour [Article 317(1)].
Functions of the Public Service Commission:
The functions of the Commission as prescribed in Article 320 of the Constitution fall into two categories: (a) Administrative and (b) Advisory.
The administrative functions relate to recruitment to all Civil Services and posts under the Union Government or the State Government by written examination, or/and by interview.
The Advisory functions relate to advising the Government on all matters:
- Relating to the methods of recruitment, principles to be followed in making appointments to civil services and posts and making promotions and transfers from one service to another;
- All disciplinary matters affecting Government employees.
- Any claim by or in respect of persons who are servants or have served under the government in a civil capacity;
- For reimbursement of any expenses incurred by them in defending legal proceedings instituted against them in respect of their official acts and in any claims for the award of compensation in respect of injuries sustained by Government servants while on duty;
- Relating to temporary appointments for periods exceeding one year but not exceeding three years, grant of extension of service and re-employment of certain retired servants.
- Concerning matters like regularization of appointments;
- Matters referred specifically to it by the President.
In all the above matters, it shall be the duty of the Commission to advise. However, the President and the Governors make regulations specifying the matters in which, either generally or in any particular circumstances the Commission may not be consulted [Article 203(3)]. The functions of Public Service Commission are only advisory and the Constitution has no provision to make it obligatory upon the Government to act, upon the advice of the Commission in any case.
Additional functions may be assigned to the Union and State Public Service
Commission by an Act of Parliament and State Legislature [Article 321]. The
expenses of the Union or a State Public Service Commission, and the salaries, allowances of its members are charged on the Consolidated Fund of India or State, as the case may be [Article 322].
Obligations:
The Constitution provides that it is the duty of the Union Public Service Commission and the State Public Service Commission to present annually to the President or the Governor as the case may be the report of its work. After the receipt of such a report, the President or the Governor is required to lay it before each House of Parliament or the State legislature together with a memorandum of the cases where the advice of the Commission was not accepted and reasons for such non-acceptance (Article 323(1) and (2)).
Independence of Public Service Commission:
The following constitutional provisions are intended to make the commission, both UPSC and SPSC, independent of any external influence:
- Members are appointed for a fixed tenure of six years or until the attainment of sixty five years of age in the case of UPSC, and sixty-two years in the case of SPSC.
- The conditions of service of a member cannot be changed to his/her disadvantage during his tenure of office.
- The removal of a member can take place by an order of the President on certain specific grounds in consultation of the Supreme Court.
- The expenses of the commission are charged on the Consolidated Fund of India.
- All regulations to be issued by the government excluding any matter from the purview of the commission will have to be laid before the Parliament or the state legislature for such modification as it may deem fit to make.
- Further employment of any member is severely restricted.