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Indian Polity & Governance


Topic

Public Service Commission

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Public Service Commission

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The Indian Constitution (Part XIV - Services under the Union and the
states- Articles. 315-323) provides for a Public Service Commission for
the Union and a Public Service Commission for each state.
The first Public Service Commission was set up in 1926 by the then
British Indian Government.

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Constitutional Provisions Related to


Public Service Commission
Art. 315 says that there shall be Public Service Commissions for the
Union and for the States.

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Chairman and Members


The Chairman and other members of a Public Service Commission are
appointed, in the case of the Union Commission or a Joint Commission,
by the President, and in the case of a State Commission, by the
Governor of the State.

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Terms of Office
A member of a Public Service Commission shall hold office for a term
of six years from the date on which he enters upon his office or until
he attains, in the case of the Union Commission, the age of sixty-five
years. and in the case of a State Commission or a Joint Commission,
the age of sixty-two years, whichever is earlier.

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Resignation from Office


A member of a Public Service Commission may, by writing under his
hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission, to
the Governor of the State resign his office.

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Removal

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Chairman or any other member of a Public Service Commission shall


only be removed from his office by order of the President on the ground
of misbehaviour after the Supreme Court on reference being made to it
by the President had held an inquiry and recommended removal.

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Misbehaviour
Misbehaviour is : if the Chairman or any other member of a Public
Service Commission is interested in any contract related to Government
or participates in any way in the profit thereof or in any benefit or
emolument arising from it otherwise than as a member and in common
with the other members of an incorporated company. the member is
considered to be guilty of misbehaviour.

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Suspension

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The President, in the case of the Union Commission or a Joint


Commission, and the Governor in the case of a State Commission, may
suspend from office the Chairman or any other member of the
Commission in respect of whom a reference has been made to the
Supreme Court until the President has passed orders on receipt of the
report of the Supreme Court on such reference.

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In the following cases, the President may by order remove from office
the Chairman or any other member of a Public Service Commission

is adjudged an insolvent; or
engages during his term of office in any paid employment outside

the duties of his office; or

is, in the opinion of the President, unfit to continue in office by

reason of infirmity of mind or body.

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Functions of Public Service Commissions


Functions of the UPSC are to conduct examinations for appointment to
the services of the Union.
Recruitment to services & posts under the Union through conduct of
competitive examinations;
Recruitment to services & posts under the Central Government by
selection through Interviews;
Advising on the suitability of officers for appointment on promotion as
well as transfer-on-deputation;
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Advising the Government on all matter relating to methods of


Recruitment to various services and posts;
Disciplinary cases relating to different civil services: and
Miscellaneous matters, relating to grant to extra ordinary pensions,
reimbursement of legal expenses etc.

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Annual Report
Constitution imposes on the UPSC the duty to present annually to the
President a report about the work done by the Commission. The
President shall cause a copy of it together with a memorandum
explaining, as respects the cases if any, where the advice of the
Commission was not accepted, the reasons for such non-acceptance to
be laid before each house of Parliament.

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Constitutional Provisions for the


Independence of the Public Service
Commission
The Constitutional provisions in this regard are-

appointment is beyond politics as President appoints


Removal, in certain circumstances is on the basis of the inquiry

concluded by the Supreme Court judge

Salary etc. and conditions of service can not be altered to their

disadvantage after appointment


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Expenses

of the Commission including any salaries etc. to the


members or staff of the Commission, are charged on the
Consolidated Fund of India or, as the case may be, the
Consolidated Fund of the State.

There

are restrictions on post-retirement engagement as


mentioned above

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