Union Public Service Commission : Polity Notes for Civil Service and Government Examination.

Welcome To Legalkhabar.online, this Article is for the Students Preparing for Civil Services and other Government Examination, it's about a Commission which was established in India.

This Article will help the Aspirants to make notes and Revise their Polity. 

                                               

Union Public Service Commission (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.

Composition:

• The UPSC consist of chairman and other members appointed by the President of India.
• The commission consist of 9 to 11 members, including the chairman.
• No qualifications are prescribed for the commission membership, except that one half of the members of the commission should be such person who have held office for at least 10 years either under the government of India or under the government of state.
• The chairman and members of the commission hold office for term of six years Or until they attend the age of 65 years, which ever is earlier.
• They can relinquish their office at any time by addressing their resignation to the President.
• The President can appoint one of the members of UPSC as an acting chairman in the following two circumstances: 1) Went to office of chairman falls vacant; Or 2) When the chairman is unable to perform his function due to absence or some other reason.

Removal: 

The President can remove the chairman or any other member of UPSC from the office under following circumstances:

• If he is adjudged An insolvent(That is, has gone bankrupt)
• If he engages, during his term of office, in any paid employment outside the duties Office.
• If he is, in the opinion of the President, unfit to continue in Office by reason of infirmity of mine or body. 

In addition to these, the President can also remove the chairman or any other member of UPSC for Misbehavior.

Independence: 

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

1. The chairman or a member of UPSC can be removed from office by the President only in the manner and on the grounds mentioned in the constitution.
2. The conditions of service of the chairman or a member, determined by the President, cannot be buried to his disadvantage after his appointment.
3. 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.
4. The Chairman of UPSC is not eligible for further employment in the government of India or a state.
5. The chairman Or a member of UPSC after having completed his first term is not eligible for reappointment to that office, i.e., not eligible for second term.

Function: 

The UPSC performed following functions:

1. Conduct examination for appointment To the all India services, central services, and public services of the Centrally administered territories.
2. It assist the state in framing and operating scheme of joint recruitment for any services for which candidates processing special qualifications are required.
3. It is consulted on the following matters related to personnel Management: 

• All matters relating to methods of recruitment To civil services and for civil posts.
• The principles 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 of civil services and posts; For promotions and transfers from one services to another; And appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the UPSC ratify them.
• All disciplinary matters affecting a person serving under the government of India in a civil capacity, including memorials or petitions relating to such matters. These includes:                 

- Censure ( severe disapproval ) 

- with holding of increments.

- With holding of promotions.

- Recovery of Pecuniary loss.

- Reduction to lower services or rank.

- Compulsory retirement.

- Removal from service

-Dismissal from service.

• Any claim for reimbursement of legal expenses included by a civil servant in defending legal proceedings, instituted against him in respect of acts done in execution of his official duties.
• Any claim for the award of a pension in respect of injury Sustained by a person while serving under the government of India and any questions as to the amount of any such award.
• Matters of temporary appointments for period exceeding one year and on regularisation of appointments.
• Matters related to grant Of extension of service and re-employment of certain retired civil servants.
• Any other metal related to personal management.

Limitations: 

The following matters are kept outside the functional Jurisdiction of UPSC: 

• While making reservations of appointments or post in favour of any backward class of citizens.

• While taking into consideration the claims of scheduled caste and scheduled tribes in making appointments to service and posts.

• With regard to the selections of chairmanship or membership of commissions or tribunal, post of highest diplomatic, nature, and a bulk of group C and group D services.

• With regard to the selection for temporary or officiating appointment to post if person appointed is not likely to hold the post for more than a year. 

The President has the power to exclude post services and matters from the purview of UPSC. Any decision made by president in relation with all India services and central services and Posts, shall be laid before each house of Parliament for at least 14 days, the Parliament can amend or repeal them.

Role : 

• The Constitution visualises the UPSC to be the ‘ Watch Dog of Merit system’ in India.

• UPSC is concerned with the recruitment To the all India services and central services, group an and group B and advises the government when consulted, on promotion and disciplinary matters.

• PC act as an advisory body and not binding on the government. It makes recommendation to the government which may be accepted or rejected by the government.

• Further, the government can also make rules which regulate the scope of advisory function of UPSC

The emergence of central vigilance commission in 1964 affected the rule of UPSC in disciplinary matters. This is because both are consulted by the government while taking disciplinary action against the civil servant. The problem arises when they do what is standard conflicting advice. However, the UPSC, being an independent constitutional body, has an edge over the CVC, which is created by an executive resolution of the government of India and a statutory status in October 2003.

Articles Related to UPSC at a glance: 

Article Number with subject matter : 

• 315 - Public Service Commissions for the Union and for the states
• 316 - Appointment and term of office of members
• 317 - Removal and suspension of a member of a Public Service Commission 
• 318 - Power to make regulations as to conditions of Service of members and staff of the commission 
• 319 - Prohibition as to the holding of office by members of commission on ceasing to be such members 
• 320 - Functions of Public Service Commissions 
• 321 - Power to extend functions of Public Service Commissions 
• 322- Expenses of Public Service Commissions 
• 323 - Reports of Public Service Commissions 

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Abhay Yadav 

Noida