Union Public Service Commission

What is UPSC?

• The main hiring organisation in India is the Union Public Service Commission (UPSC).

• It is an independent body established by the Constitution.

• Part XIV of the Indian Constitution, Articles 315 to 323, contains the provisions pertaining to UPSC's composition, appointment and removal of its members, and powers and functions.

• It administers a range of tests in the fields of engineering, medicine, the civil service, and defence. It also examines the Police Forces, Economic Service, and Statistical Service.

• The chairman of the Union Public Service Commission is Dr Manoj Soni.

History and Background of UPSC

• Lord Lee of Fareham led the Royal Commission on Superior Civil Services in India, established by the British Government in 1923.

• The group, which had equal numbers of British and Indian members, recommended the creation of a Public Service group in its report, which was turned in in 1924.

• The Lee Commission suggested that 20% of candidates be promoted from provincial services, 40% be directly recruited Indians, and 40% be British newcomers.

• Afterwards, on October 1, 1926, the first Public Service Commission was established, and Sir Ross Barker served as its chairman.

• Its limited consultative function at first caused leaders of the liberation movement to disagree. This resulted in the Government of India Act of 1935 creating the Federal Public Service Commission.

• On January 26, 1950, the Indian Constitution bestowed constitutional standing upon the Federal Public Service Commission, which had been renamed the Union Public Service Commission after gaining independence.

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Constitutional Mandate for UPSC

Since UPSC was established directly in accordance with the constitution, it is an autonomous constitutional organisation. It is discussed in Part XIV and under Articles 315 and 323, which contain comprehensive and extensive provisions on the appointment, removal, and makeup of UPSC members, as well as about the UPSC's independence, authority, and function.

Articles Related to the Union Public Service Commission

Appointment of Members to the UPSC

The Indian Constitution describes the procedure for selecting UPSC members. The President of India selects the UPSC members in accordance with Article 316 of the Constitution. In matters concerning the appointment and transfer of members, the Union Public Service Commission and the President must confer. Nonetheless, the government is not required to abide by the UPSC's recommendations. The UPSC Constitution also specifies the requirements for membership.

A person may be appointed as a member of the UPSC under Article 316 if they fulfil the following requirements:

1. They are Indian nationals.

2. They have at least 10 years of experience holding a profit-making position in the Indian or state governments.

3. They have at least 10 years of experience as an advocate before a High Court, or two or more of these courts consecutively.

4. The President deems their educational background and work experience appropriate.

Removal of Members of UPSC

• A UPSC member may be removed from office by the President of India for the purposes specified in Article 317 of the Indian Constitution.

• The President of India may receive resignations from Union Public Service Commission members at any moment.

• Any member of the panel may be dismissed if they face bankruptcy charges or take on paid work outside of their official responsibilities.

• Any member of the commission may be removed from office for misconduct only if the Supreme Court of India looks into and upholds the misconduct.

• The President of India has the authority to dismiss a member from office if they think their physical or mental health makes them unfit to hold their current position.

Functions of UPSC

According to Article 320 of the Constitution, the UPSC performs comparable duties as the Federal Public Service Commission as delineated in the Government of India Act 1935. Three general categories may be used to group these functions:

Executive Functions of UPSC

1. Conducting Exams to fill a variety of positions: It administers tests in order to get appointments to Central services, other public services, and numerous all-India services.

2. Helping States with Joint Recruitment: It provides support to states (upon request from two or more states) in developing and implementing joint recruitment programmes for any service where candidates must have certain criteria.

3. Serves State demands: UPSC may fulfil all or some state demands upon the request of the state governor and with approval from the President of India.

4. Presentation of Report: The Commission is accountable for providing an annual report to the President detailing its activities. This report is presented to Parliament with a memorandum outlining the Government's response to the recommendations. Therefore, if the Commission's recommendations are rejected, the Government should provide an explanation. Non-acceptance requires approval from the Union Cabinet's Appointments Committee. A department or ministry cannot disregard the UPSC's recommendations.

5. Granting of Extra Capabilities: According to Article 321 of the Constitution, the Parliament may assign UPSC further responsibilities related to Union or State services. Any local government, governmental institution, or corporate body's personnel system may be placed under the Commission's purview by the Parliament if necessary.

Consultation Functions of UPSC

According to the Constitution, the Commission shall be consulted by the Government on the following issues:

1. All forms of discipline that can be applied to a government employee include denial of raises or promotions, censure, downgrading to a lower grade, removal or termination from employment, and forced retirement.

2. It can also include reimbursement claims for expenses incurred by an employee in lawsuits brought against him for actions performed while performing his duties.

3. Pension award claims about injuries received by employees while employed by the government.

4. issues about regularising appointments and creating interim appointments for durations longer than a year.

5. issues about some retired public officers' terms of service extensions and reemployment.

6. anything else about personnel administration.

Note: The disgruntled public worker has no legal recourse if the Government exhibits irregularities or neglects to consult UPSC on the aforementioned topics, according to a ruling by the Supreme Court. As a result, the aforementioned clause is only advisory and not legally required. The UPSC's selection of an applicant for a position does not grant them any rights, the court further decided. However, the government must behave honourably, arbitrarily, and without deceit.

Advisory Functions of UPSC

UPSC provides advice to the government on issues pertaining to:

1. Techniques used for hiring in the public service and

2. The guidelines should be adhered to while appointing, promoting, changing services, and making appointments through transfers or deputations.

3. Regarding possible employee disciplinary measures, UPSC is able to offer advice.

Note: Keep in mind that the UPSC only has advisory authority. Article 320(3) states that the Commission's responsibility is to advise the Government on all issues concerning promotions, transfers from office, and civil service recruiting practices.

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UPSC Organisational Structure

The Union Public Service Commission (UPSC) is the primary recruiting agency for high-level government posts in India, and it operates under a formal framework.

1. Chairman: The President of India appoints the chairman of the UPSC. The chairman establishes the agenda, keeps an eye on the commission's operations, and guarantees that the exams are conducted fairly.

2. Members: The President of India appoints members to the UPSC, and they all provide their specialised knowledge to support the recruiting and selection procedures.

3. Secretariat: The commission is run by a specialised secretariat that handles day-to-day operations, oversees examinations, and communicates with government agencies.

4. Exam Divisions: The UPSC has distinct divisions that manage different exams, such as the Combined Defence Services, Engineering Services, and Civil Services. They create the tests, administer them, and grade the applicants.

5. Advisory Committees: To assist in the selection process and provide advice on recruitment policies, UPSC may form advisory committees made up of retired officials and subject area experts.

6. Regional Offices: UPSC maintains regional offices around India to serve the requirements of regional candidates and enable the decentralised administration of examinations.

7. Independent and impartial: UPSC is dedicated to maintaining the values of meritocracy and equal opportunity while maintaining recruiting procedures that are transparent and equitable.

Current UPSC Composition

• The President of India appoints the Chairman and the remaining ten members of the Union Public Service Commission (UPSC).

• Article 316 of the Constitution deals with the appointment and tenure of office of the UPSC chairman and members.

• The Union Public Service Commission Members Regulations, 1969 govern the terms and conditions of service for the chairperson and 10 members of the Commission.

• Half of the Commission's members must have spent at least 10 years working for the Indian or state governments, and they are generally civil officials.

• The Commission is examined by a Secretariat made up of two Additional Secretaries, many Joint Secretaries, Deputy Secretaries, and numerous subordinate staff.

• Each member serves for six years, or until they meet the Union Public Service Commission's age restriction of 65.

List of UPSC Chairmen

The significance of UPSC

1. Security of Tenure: The chairman and members may be removed from office for reasons specified in the constitution. They have the security of tenure.

2. Conditions of Service: The chairperson's or member's terms of service cannot be changed after their appointment.

3. Expenses are independent: The UPSC's whole expenditure is paid to the Consolidated Fund of India and so cannot be voted on.

4. No Further Employment: After leaving office, the chairman is ineligible for future employment with the Union or the state. After leaving office, a commission member is entitled to serve as chairman of the UPSC or the State Public Service Commission, but not for any other job.

5. Single Term: A chairman or member cannot be reappointed to the same post after serving for a single term.

Independence of the UPSC

The Constitution has the following provisions to maintain and ensure the independence and impartiality of the UPSC.

• The President can only remove the chairman or a member of the UPSC from office in the manner and circumstances stipulated by the Constitution. As a result, they enjoy employment security.

• Although the President establishes the chairman's or member's terms of service, they cannot be amended to his disadvantage after his appointment.

• The whole cost of the Union Public Service Commission, including the Chairman's and members' salaries, allowances, and pensions, is charged to the Consolidated Fund of India and does not require parliamentary approval.

• After stepping down, the UPSC chairman is ineligible for employment in the Indian or state governments.

• A UPSC member may be appointed Chairman of the UPSC or to a State Public Service Commission, but not to any other office in the Indian or state governments.

• The chairman or a member of the Union Public Service Commission cannot serve a second term in that office.

Significant cases involving the UPSC

There has been a significant shift over time as a result of the judgements and key cases. It is noteworthy to notice that the scenarios involving composition, removal, and functions caused huge modifications in the system. The cases are as follows:

1. State of Mysore v. R.V. Bidap: This decree of the State of Mysore was challenged before the Supreme Court by 23 petitioners in a writ petition under Article 32 of the Indian Constitution. In this judgement, the court recognised that reservation should primarily benefit the weaker sectors of society in order to uplift them, but it also highlighted that it should not be done at the expense of the interests of the other sections of society. The State's rights to offer reservation under Articles 15(4) and 16(4) are intended to promote the educational and economic interests of the poorer sections, therefore protecting them from social injustice.

2. Kesava v. State of Mysore: In Kesava v. State of Mysore, the Mysore High Court ruled that because the Commission is an advisory or consultative body to the Government, and because the Government is required by Article 323 to explain why it does not accept the Commission's advice, the Commission cannot withhold any information requested by the government.

3. Jatinder Kumar v. State of Punjab: The Supreme Court ruled in Jatinder Kumar v. State of Punjab that the word "shall be constituted" in Article 320(3) must be interpreted as required, and that any action taken by the government under any sub-clauses of clause (3) is null and unlawful in the absence of consultation.

Conclusion

The Constitution of India is the ultimate legislation of India. It establishes all of the laws and regulations that the nation must follow and serves as the foundation for political ideals, procedures, obligations, and government authorities. The constitution includes several entities that conduct essential activities and obligations for the benefit of the country. This article addressed the Union Public Service Commission. It serves multiple purposes and has numerous duties. Its primary function is to administer tests for appointment to Union functions and to ensure the administration's continuity.