Union Public Service Commission (UPSC)

1. Introduction

  • Definition: The UPSC is the central recruiting agency in India, an independent constitutional body established by the Constitution of India.
  • Articles: Articles 315 to 323 in Part XIV of the Constitution detail UPSC’s structure, functions, and powers.

2. Composition of UPSC

  • Structure: The UPSC includes a Chairman and other members appointed by the President of India.
  • Appointment: The Constitution doesn’t specify the number of members, leaving it to the President’s discretion.
  • Qualifications: At least half the members must have held government office for a minimum of ten years.
  • Term of Office: Members serve a six-year term or until the age of 65, whichever is sooner.
  • Resignation and Removal: Members can resign by notifying the President and can also be removed based on specific criteria.

3. Removal of UPSC Members

  • Grounds for Removal:
    • Insolvency
    • Engagement in paid employment outside official duties
    • Mental or physical unfitness
    • Misbehavior, requiring Supreme Court investigation if necessary
  • Supreme Court Involvement: If a member is guilty of misbehavior, the President can refer the case to the Supreme Court, whose advice is binding.

4. Independence of UPSC

  • Provisions to Safeguard Independence:
    • Members enjoy security of tenure.
    • Conditions of service cannot be altered to the member’s disadvantage post-appointment.
    • Salaries and expenses are charged on the Consolidated Fund of India, beyond parliamentary control.
    • Post-service restrictions on reemployment prevent influence by government positions.

5. Functions of UPSC

  • Key Functions:
    • Conducts exams for appointments to All-India Services and Central Services.
    • Advises states upon request for joint recruitment schemes.
    • Provides consultation on recruitment, appointments, promotions, transfers, and disciplinary matters.
  • Annual Report: The UPSC submits an annual report to the President, who presents it to Parliament.

6. Limitations of UPSC

  • Areas Outside UPSC’s Jurisdiction:
    • Reservation policies for backward classes
    • Appointment considerations for Scheduled Castes and Scheduled Tribes
    • Temporary or short-term appointments not exceeding one year
    • Appointments to certain group services and diplomatic positions
  • Regulations: The President can issue regulations to limit UPSC’s consultative role in certain areas, which are subject to parliamentary review.

7. Role and Scope

  • Advisory Nature: Recommendations by the UPSC are advisory and not binding on the government.
  • Overlap with CVC: The Central Vigilance Commission (CVC) also consults on disciplinary matters, sometimes leading to conflicting recommendations. However, UPSC retains an edge due to its constitutional status.