Union Public Service Commission (UPSC)

Let’s begin with a simple question —
“Who ensures that recruitment to government services in India is based on merit and not favoritism?”
That role belongs to the Union Public Service Commission (UPSC) — the guardian of the merit system in India.

⚖️ Constitutional Status and Importance

The UPSC is not just another government body; it is an independent constitutional body established directly by the Constitution of India under Articles 315 to 323 (Part XIV).

These Articles deal with:

• Composition of the Commission
• Appointment and removal of members
• Independence and powers
• Functions and limitations

The UPSC is thus the central recruiting agency of India, responsible for selecting the best administrative minds to serve the country.

👥 Composition of UPSC

Let’s understand its structure:

1. Chairman and Members
   • Appointed by the President of India.
   • The Constitution does not fix the number of members — it leaves that to the discretion of the President.
   • However, by convention, the Commission usually has a Chairman + 9 to 11 Members.
2. Qualification Requirement
   • The only constitutional requirement is that half of the members should be persons who have held office for at least 10 years under the Government of India or a State Government.
3. Conditions of Service
   • Determined by the President (including salaries, allowances, and staff service conditions).
   • The staff of the Commission is also appointed under the President’s authority.
4. Tenure
   • The Chairman and Members hold office for 6 years or until they reach 65 years of age, whichever is earlier.
5. Resignation and Removal
   • They can resign anytime by writing to the President.
   • They can be removed before their term only in the manner provided in the Constitution (explained below).
6. Acting Chairman
   The President can appoint one of the Members as Acting Chairman when:
   • The office of Chairman falls vacant, or
   • The Chairman is unable to perform his/her duties (due to illness or absence).

The Acting Chairman functions until the regular Chairman resumes duties or a new one is appointed.

⚖️ Removal of Members

The Constitution provides clear and limited grounds on which the President can remove the Chairman or any Member:

1. If adjudged insolvent (i.e., declared bankrupt).
2. If he/she engages in paid employment outside official duties during tenure.
3. If, in the President’s opinion, he/she is unfit to continue due to mental or physical infirmity.
4. If guilty of “misbehaviour.”

Now, “misbehaviour” is a technical term —
If this ground is invoked, the President must refer the matter to the Supreme Court for inquiry.

• If the Supreme Court upholds the charge and advises removal → the President must act accordingly.
• The advice of the Supreme Court in this matter is binding on the President.

During the inquiry, the President may suspend the concerned member.

Meaning of “Misbehaviour” –

A Chairman or Member is deemed guilty if:

• He/she is involved or interested in any contract/agreement with the government, or
• Derives profit or benefit from such a contract otherwise than as a common shareholder.

🛡️ Independence of UPSC

To maintain fairness, the Constitution ensures several institutional safeguards:

1. Security of Tenure –
   Removal only by the President, and only on constitutional grounds.
2. Service Protection –
   Their conditions of service cannot be changed to their disadvantage after appointment.
3. Financial Independence –
   All expenses of the UPSC (including members’ salaries and staff) are charged on the Consolidated Fund of India — meaning, Parliament cannot vote to reduce them.
4. Post-Tenure Restrictions –
   • Chairman: Not eligible for any further government employment (Central or State).
   • Member: Eligible to become Chairman of UPSC or SPSC, but not for any other government job.
   • Neither can be reappointed to the same post.

These provisions ensure that members act without fear or favour.

⚙️ Functions of UPSC

The UPSC performs both recruitment and advisory roles.

1. Recruitment Functions

• Conducts examinations for:
  • All India Services (IAS, IPS, IFoS)
  • Central Services (Group A and B)
  • Services of Union Territories
• Can assist two or more States in joint recruitment if requested.
• Can serve the needs of a State Government with President’s approval.

2. Advisory Functions

The President (and Governors, in State cases) consult the UPSC on:

1. Recruitment methods to civil services and posts.
2. Principles for appointments, promotions, and transfers.
3. Disciplinary matters affecting civil servants — including petitions, appeals, and memorials.
4. Claims for reimbursement of legal expenses incurred by civil servants in official duties.
5. Claims for pensions or awards due to injuries in service.
6. Any other matter referred by the President.

However, there’s a catch —
If the Government fails to consult UPSC, the decision does not become invalid.
The Supreme Court clarified that consultation is directory, not mandatory.

Also, UPSC’s recommendations are advisory — the Government may or may not accept them, but must record reasons for rejection.

🧩 Extension of Functions

• Parliament can give the UPSC additional functions through law — for example, extending its jurisdiction to other bodies or corporations.
• The UPSC also submits an Annual Report to the President, who must lay it before both Houses of Parliament, along with a statement explaining cases where the Government did not accept its advice.

🚫 Limitations of UPSC Jurisdiction

Certain matters are kept outside UPSC’s scope.
It is not consulted:

1. For reservations of posts for any backward class.
2. On claims of SCs and STs in appointments.
3. For temporary or officiating appointments under 1 year (if urgent).
4. For Group C and Group D posts.
5. For Chairpersons or Members of Boards, Commissions, or Tribunals.
6. For Heads of Missions abroad (Ambassadors, High Commissioners, etc.)

👉 Additionally, the President can issue regulations excluding certain posts or matters from UPSC consultation.
These are known as UPSC (Exemption from Consultation) Regulations, 1958 — amended periodically.
However, all such regulations must be placed before Parliament for 14 days, and Parliament can modify or annul them.

🧠 Role and Significance Of UPSC

The Constitution visualizes UPSC as the “watchdog of the merit system.”

Its role is to:

• Ensure impartial recruitment to All India and Central Services.
• Advise on promotion and disciplinary matters.

However, its role is advisory, not executive —
Its recommendations are not binding on the government.

Other personnel matters like:

• Cadre management
• Service conditions
• Training
• Pay structures

are handled by the Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances, and Pensions.

So, remember this:

UPSC = Central Recruiting Agency
DoPT = Central Personnel Agency

⚖️ UPSC vs CVC – Overlapping Jurisdiction

Since the creation of the Central Vigilance Commission (CVC) in 1964, both UPSC and CVC are consulted in disciplinary matters.

When their advice differs, the Government must decide whose view to follow.

But constitutionally, the UPSC has an upper hand — because it is a constitutional body, whereas the CVC is a statutory body (created by executive resolution and given legal status in 2003).

✍️ In Simple Words

The UPSC is the constitutional guardian of merit in India’s bureaucracy.
It ensures that selection to the civil services is based on ability, not connections.
Though advisory in nature, it plays a crucial role in maintaining the integrity, efficiency, and neutrality of the Indian administrative system.

⚖️Articles Related to UPSC:

Article No.	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