Public Service Commission

Introduction
• Importance of an impartial civil service
• To be appointed on the basis of merit and not to be guided by
nepotism, political patronage and pressures
• Constitution provides for an independent institution both at the
Union and State level for the selection of candidates
• Government of India Act, 1919 (Central)
• Government of India Act, 1935 (Federal and Provincial)
• Articles 315 – 323
• Union Public Service Commission
• State Public Service Commission
Constitutional Provisions
• There shall be a Public Service Commission for the Union and a Public
Service Commission for each State. 315 (1)
• Joint State Public Service Commission can be constituted by
Parliamentary law, if the state legislatures pass resolutions to that
effect 315 (2)
• The Public Service Commission for the Union, if requested so to do by
the Governor of a State, may, with the approval of the President,
agree to serve all or any of the needs of the State 315 (4)
Constitutional Provisions
• Appointment, terms of office
• Chairman and other Members [Number of Members can be determined by
the President/Governor – 318]
• UPSC and Joint Commission – President
• PSC – Governor
• As nearly as half of the Members should have held office for at least ten years
either under the Government of India or under the Government of a State
• Term of office – six years or attaining 65 (UPSC)/62 (State and Joint) of age
• A Member is not eligible for reappointment
• Resignation
• Article 316
Constitutional Provisions
• Removal and suspension of a member of a Public Service
Commission (317)
• The Chairman or any other member of a Public Service Commission
(UPSC/State/Joint) 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, has, on inquiry reported that the
Chairman or such other member, as the case may be, ought on any such
ground to be removed.
• President/Governor can suspend a person 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.
• In case he is 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, President can remove without an inquiry by the Supreme Court
Constitutional Provisions
• Removal and suspension of a member of a Public Service
Commission (317)
• Misbehaviour
• If the Chairman or any other member of a Public Service Commission is or
becomes in any way concerned or interested in any contract or agreement
made by or on behalf of the Government of India or the Government of a
State or participates in any way in the profit thereof or in any benefit or
emolument arising therefrom otherwise than as a member and in common
with the other members of an incorporated company, he shall be deemed to
be guilty of misbehaviour 317 (4)
Constitutional Provisions
• Removal and suspension of a member of a Public Service Commission (317)
• Prima facie satisfaction of the President based on available materials was enough
for making a reference to this Court under Article 317(1) of the Constitution of
India.
• There was no need for the President to obtain the opinion of any fact finding
body before making a reference.
• The enquiry that the Supreme Court is required to hold is not into the limited
question whether, on the basis of facts found by the President, the charge of
misbehavior is made out and whether the misbehavior is of such a nature as to
warrant the removal of the person from his office.
• The inquiry contemplated by the Article is into the facts themselves so as to
enable the Court to pronounce upon the question whether the allegations made
against the member are proved.
• Special Reference No. 1 of 1983
Constitutional Provisions
• Prohibition as to the holding of offices by members of Commission
on ceasing to be such members (319)
• On ceasing to hold office—
• the Chairman of the Union Public Service Commission shall be ineligible for
further employment either under the Government of India or under the
Government of a State
• the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public
Service Commission or as the Chairman of any other State Public Service
Commission, but not for any other employment either under the Government
of India or under the Government of a State
Constitutional Provisions
• A member other than the Chairman of the Union Public Service Commission
shall be eligible for appointment as the Chairman of the Union Public Service
Commission or as the Chairman of a State Public Service Commission, but not
for any other employment either under the Government of India or under the
Government of a State
• A member other than the Chairman of a State Public Service Commission
shall be eligible for appointment as the Chairman or any other member of the
Union Public Service Commission or as the Chairman of that or any other
State Public Service Commission, but not for any other employment either
under the Government of India or under the Government of a State
Constitutional Provisions
• Functions (320)
• Mandatory
• It shall be the duty of the Union and the State Public Service Commissions to
conduct examinations for appointments to the services of the Union and the
services of the State respectively.
• It shall also be the duty of the Union Public Service Commission, if requested
by any two or more States so to do, to assist those States in framing and
operating schemes of joint recruitment for any services for which candidates
possessing special qualifications are required
Constitutional Provisions
• Functions (320)
• Advisory/ Mandatory Consultation [320 (3)]
• The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted on—
• All matters relating to methods of recruitment to civil services and for civil posts
• The principles to be followed in making appointments to civil services and posts and
in making promotions and transfers from one service to another and on the
suitability of candidates for such appointments, promotions or transfers
• All disciplinary matters affecting a person serving under the Government of India or
the Government of a State in a civil capacity, including memorials or petitions
relating to such matters
Constitutional Provisions
• Functions (320)
• Advisory/ Mandatory Consultation [320 (3)]
• Any claim by or in respect of a person who is serving or has served under the
Government of India or the Government of a State or under the Crown in
India or under the Government of an Indian State, in a civil capacity, that any
costs incurred by him in defending legal proceedings instituted against him in
respect of acts done or purporting to be done in the execution of his duty
should be paid out of the Consolidated Fund of India, or, as the case may be,
out of the Consolidated Fund of the State
• Any claim for the award of a pension in respect of injuries sustained by a
person while serving under the Government of India or the Government of a
State or under the Crown in India or under the Government of an Indian
State, in a civil capacity, and any question as to the amount of any such award
• President/Governor may make regulations specifying the matters in which
either generally, or in any particular class of case or in any particular
circumstances, it shall not be necessary for a Public Service Commission to be
consulted
Constitutional Provisions
• Consultation not mandatory [320 (4)]
• On matters relating to Art. 16 (4)
• Manner in which effect may be given to provisions of Art. 355 (claims of the
members of the Scheduled Castes and the Scheduled Tribes shall be taken into
consideration, consistently with the maintenance of efficiency of administration, in
the making of appointments to services and posts in connection with the affairs of
the Union or of a State)
• Additional functions may be entrusted by a Parliamentary or state law as
the case may be (Art. 321)
• Expenses of the UPSC shall be charged on the Consolidated Fund of India
and the state PSC on the Consolidated Fund of the State (Art. 322)
• Annual reported to be submitted of the work done to the
President/Governor. Cause it to be placed in the Parliament/State
Legislature (Art. 323)
Constitutional Provisions
• Whether consultation mandatory
• “All disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters” Art. 320 (3)
(c)
• Protection given to civil servants in case of disciplinary proceedings
(Art. 311)
• Whether Art. 311 subject to Art. 320 (3) (C)?
• Whether consultation is mandatory?
Constitutional Provisions
• Consultation with PSC is not mandatory
• The proviso to Art. 320, itself, contemplates that the President or the
Governor, as the case may be, "may make regulations specifying the
matters in which either generally, or in any particular class of case or in
particular circumstances, it shall not be necessary for a Public Service
Commission to be consulted." The words quoted above give a clear
indication of the intention of the Constitution makers that they did
envisage certain cases or classes of cases in which the Commission need
not be consulted. If the provisions of Art. 320 were of a mandatory
character, the Constitution would not have left it to the discretion of the
Head of the Executive Government to undo those provisions by making
regulations to the contrary. If it had been intended by the makers of the
Constitution that consultation with the Commission should be mandatory,
the proviso would not have been there, or, at any rate, in the terms in
which it stands.
Constitutional Provisions
• Constitution does not, either in express terms or by implication,
provide that the result of such a noncompliance is to invalidate the
proceedings ending with the final order of the Government. This
aspect of the relevant provisions of Part XIV of the Constitution, has a
direct bearing on the question whether Art. 320 is mandatory.
• Art. 320(3)(c) is not in the nature of a rider or proviso to Art. 311. It is
not possible to construe Art. 320(3)(c) in the sense of affording a
cause of action to a public servant against whom some action has
been taken by his employer.
• State of U.P. v. Manbodhan Lal Srivastava (1957)
Constitutional Provisions
• Purpose of Article 320 (3) (c)
• To give an assurance to the Services that a wholly independent body,
not directly concerned with the making of orders adversely affecting
public servants, has considered the action proposed to be taken
against a particular public servant, with an open mind.
• To afford the Government unbiassed avice and opinion on matters
vitally affecting the morale of public services
• State of U.P. v. Manbodhan Lal Srivastava (1957)