Union Public Service Commission [Explained]

The Union Public Service Commission has been famous since its inception for attracting big dreams and outliers. In this article, we will discuss the Union Public Service Commission in a simple and easy way and understand all its important aspects, So to understand well, definitely read this article till the end, you will get to know a lot of new things.

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Union Public Service Commission: Introduction

How big, comprehensive and powerful this organization is in itself, it can be gauged from the fact that it completes the recruitment process of India’s biggest bureaucrats. The exams conducted by it are considered to be one of the toughest exams in India, that’s why clearing UPSC exams is a matter of pride in itself. So what is the Union Public Service Commission?

Union Public Service Commission is the independent and constitutional Central Recruitment Agency (Institution) of India. It is independent because the members of this commission have the security of the term of office and is constitutional because it has got a place in the original constitution.

In the 14th part (Articles 315 to 323) of the constitution, the independence, powers and functions of the Union Public Service Commission and its organization and the appointments and dismissals of its members have been described in detail. Out of which Article 315 provides for Public Service Commission for the Union and the States.

historical background

As the East India Company spread in India, it needed more administrators to run its administration. He fulfilled this need only from the British officers. The company selected people according to their interests and preferences and sent them to Haileybury College in London for training. After training, he was made an administrator in India.

The concept of merit-based modern civil service was introduced by Lord Macaulay in 1854. On this concept of Macaulay, the Civil Service Commission was established in London in 1854 and competitive examinations were started from 1855.

At that time the syllabus was designed in such a way that only Europeans could qualify it. Despite this, Rabindranath Tagore’s brother Satyendranath Tagore became the first Indian to qualify (1864).

Under the Montagu-Chelmsford Reforms of 1919, its examination was also conducted in India. The first such examination was held in Allahabad in 1922. In 1926, the Public Service Commission was formed in India itself.

Under the Government of India Act 1935, provision was made for separate Public Service Commissions for the Center and the Provinces. The Central Public Service Commission was called the Federal Public Service Commission. This Federal Public Service Commission came to be known as Union Public Service Commission after India’s independence. Which was enacted under Article 378 (section 1) of the Constitution. You can read this entire historical document in detail in this PDF ^{️ .}

Composition of UPSC

The Union Public Service Commission consists of a Chairman and some other members, who are appointed by the President of India. Nothing has been said in the constitution about the total number of members in the commission, hence the determination of the composition of the commission has been left to the President. Normally, the commission consists of nine to eleven members including the chairman. Talking about the present, there is currently one chairman and 9 members.

Moreover, the constitution does not even mention the qualifications for the member of the commission. However, under the current system, it is necessary that half of the members of the commission should have at least 10 years of working experience under the Government of India or the State Government.

Under Article 318 of the Constitution, the President has been empowered to determine the conditions of service of the Speaker and the members.

Article 316 deals with the tenure of the chairman and members of the commission. It provides that the Chairperson and the members of the Commission hold their office for a term of six years from the date on which they assume office or till the age of 65 years (whichever is earlier).

By the way, he can resign at any time by addressing the President. They can be removed even before the term of office by the President through the procedure described in the Constitution. how that? Let’s look at it further.

When the office of the Chairman is vacant, or when the Speaker is unable to perform his duties due to absence or other reasons, the President may appoint a member of the Union Public Service Commission to be Acting Chairman. This Acting President serves until the President resumes his duties or the President is re-appointed.

Dismissal and suspension

The provisions related to dismissal and suspension are mentioned in Article 317 . The President may remove the Chairman or other members of the Union Public Service Commission in the following circumstances;

(1) if he is declared an insolvent, or
(2) during his term of office is engaged in any other paid work outside the duties of his office, or
(3) if the President considers him to be incapacitated of mental or physical incapacitation. The reason is not eligible to continue in the post.

If the President is thinking of removing the Chairman or other members of the Commission for their malpractice, then he must first send the matter to the Supreme Court for investigation . If the Supreme Court upholds the advice of dismissal after inquiry, the President can remove the Speaker or other members from office. According to this provision of the Constitution, the advice given by the Supreme Court in this matter is binding on the President.

Independence of UPSC

Some provisions have been given in the constitution so that the commission can do its work without any political pressure. like –

(1) The chairman or members of the Union Public Service Commission enjoy the security of the term of office, that is, once appointed, they can continue in their office till the end of their term. If there is a chance to remove it, then the President can remove it only on the grounds mentioned in the Constitution, which we have discussed above.

(2) The President decides the conditions of service of the Chairperson or a member, but cannot change them unfavourably after appointment. That is, its features cannot be reduced.

(3) All the expenses including salary, allowances and pension of the Chairman or Member of the Commission are received from the Consolidated Fund of India which is not voted on in the Parliament.

(4) The Chairman (after term) of the Union Public Service Commission shall not be eligible for any further employment under the Government of India or the Government of any State.

(5) If we talk about a member of the Union Public Service Commission, then after his tenure, he will be eligible to be appointed as the chairman of the Union Public Service Commission or as the chairman of any State Public Service Commission but under the supervision of the Government of India or any State Government. shall not be eligible for any other employment under

(6) The Chairman or a member of the Union Public Service Commission cannot be reappointed to the same post at a later date.

Functions of UPSC

Union Public Service Commission performs the following functions –

1. It conducts examinations for appointment to the All India Services, Central Services and Public Services of Union Territories.

2. The Commission assists the State in planning and carrying out joint recruitment for any services which require candidates with special qualifications.

3. It advises the states on all or any of the matters at the request of a Governor (after the assent of the President).

4. Claiming payment of costs by a civil servant in defense of legal proceedings against him in the performance of his duty.

5. It claims pension in respect of damage caused to a person while serving under the Government of India and determines the amount of pension.

6. Short-term appointment, for more than one year and issues related to regularization of appointments, issues related to extension of service and re-employment of some retired bureaucrats and also addresses other subjects related to personnel management.

7. Provides advice on the following matters relating to personnel management:-

(1) on all matters relating to the methods of recruitment to the civil services and civil posts,
(2) in making appointments to civil services and posts, and on promotion and promotion of services. In relation to the principle to be followed for transfer from one service to another,
(3) on the suitability of candidates for transfer to civil services and posts, for promotion or for transfer or deputation from one service to another. The concerned department recommends the promotion and urges the State Public Service to approve,
(4) All other disciplinary matters while working in a civil capacity in the State Government. Such as withholding of censure motion, withholding of increment, withholding of promotion, recovery of money loss, tax in lower services or post, compulsory, removal from service, dismissal from service, etc.

Parliament may also assign the functions of private management of any authority, corporate body or public institution under the jurisdiction of the Union Public Service Commission. Therefore, the scope of the Union Public Service Commission can be expanded by an Act of Parliament.

Under Article 323, the Union Public Service Commission reports its work to the President every year. The President presents this report to both the houses. No independent Ministry or Department has the right to reject the advice of the Union Public Service Commission. In case of any rejection, approval has to be taken by the Appointments Committee of the Central Cabinet.

Limitations

Certain matters are outside the purview of the functions of the Union Public Service Commission on which the Commission is not consulted, such as –

1. On the issue of giving reservation in the appointments of backward castes.
2. Chairmanship or membership of the Commission on matters relating to the selection of higher diplomatic posts, most posts in Group C and D services.
3. Temporary or officiating appointments to any post, if the person holds office for less than one year.

Apart from this, the President can remove any post, service and subject from the purview of the Union Public Service Commission, for which he does not require consultation with the Union Public Service Commission, but such regulation can be given to the President by the Parliament for not less than 14 days. to be kept in the house of Parliament can amend or reject it.

Closing Remarks

Overall, the Union Public Service Commission is concerned with recruitment to the All India Services and Central Services (Group A and Group B) and advising the government. It has nothing to do with classification in services, salary or status of services, cadre management, training etc. This work comes under the Department of Personnel and Training (Ministry of Personnel, Public Grievances and Pensions).

Since the suggestions given by it are of advisory nature, that is, the central government can implement those suggestions and also reject them, hence the role of the commission becomes a little limited. Apart from this, the government can make such rules, by which the advisory work of the Union Public Service Commission can be controlled.

Apart from this, the formation of the Central Vigilance Commission in 1964 also influenced the work of the Union Public Service Commission on disciplinary subjects. This is because the two were approached before the government took any disciplinary action against any bureaucrat. Usually there is no problem in this but the problem arises when there is a difference of opinion between the two.

But since the Union Public Service Commission is an independent constitutional body, it is more effective. Whereas the Central Vigilance Commission has been constituted by an executive resolution of the Government of India (which got it statutory status in October 2003) hence it is slightly less effective in front of it.

Be that as it may, the Union Public Service Commission has been increasing its relevance and has been able to build its image as a better institution, changing itself according to the need and time.

UPSC Citizen’s Charter^↗️
union public service commission exam date^↗️
union public service commission previous year question papers^↗️
union public service commission syllabus^↗️
https://upsc.gov.in/

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