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With reference to the removal of members of the Union Public Service Commission, consider the following statements:
1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.
2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.
3. The term ‘misbehavior’ is not defined in the constitution.
2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.
3. The term ‘misbehavior’ is not defined in the constitution.
Q. Which of the statements given above is/are correct?
- a)3 only
- b)2 and 3 only
- c)2 only
- d)1, 2 and 3 .
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
With reference to the removal of members of the Union Public Service C...
- The Union Public Service Commission (UPSC) is the central recruiting agency in India. It is an independent constitutional body as directly created by the constitution.
- Articles 315 to 323 in Part XIV of the constitution contain elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC.
- The UPSC consists of a chairman and other members appointed by the President of India. The chairman and members of the commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
- Removal/Suspension of Members: The Chairman or any other member of UPSC shall only be removed from his/her office by order of the President of India.
- The President can suspend the Chairman or any other member from his/her office in respect of whom a reference has been made to the Supreme Court.
- Conditions for Removal: The Chairman or any other member of UPSC may be removed if he/she:-is adjudged an insolvent.-engages during his/her term of office in any paid employment outside the duties of his/her office.-is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
- However, the procedure for removal of judges is through impeachment by the parliament. Hence statement 1 is not correct.
- In addition to these President can also remove the chairman or any other member of UPSC for misbehaving. In this case, the president has to refer the matter to the Supreme Court for an enquiry. In this regard, the advice of the Supreme Court is binding on the President. Hence statement 2 is correct.
- Constitution has defined the term misbehavior as -concerned or interested in any contract or agreement made by the Government of India or Government of State. - participates in any way in the profit of such contracts or agreements. Hence statement 3 is not correct.
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With reference to the removal of members of the Union Public Service C...
Understanding Removal of Members of the Union Public Service Commission
The Union Public Service Commission (UPSC) is a constitutional body responsible for conducting examinations for various services under the Union government. The removal of its members, including the chairman, is governed by specific provisions.
Statement Analysis
- **Statement 1: The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.**
- This statement is **correct**. The chairman and other members of the UPSC can be removed on the grounds of proven misbehavior or incapacity, similar to the process for removing a Supreme Court judge.
- **Statement 2: The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.**
- This statement is **incorrect**. The advice of the Supreme Court is not binding on the President. While the President must consult the Supreme Court, the final decision rests with the President.
- **Statement 3: The term ‘misbehavior’ is not defined in the constitution.**
- This statement is **correct**. The Constitution does not provide a definition for "misbehavior," leaving it open to interpretation.
Conclusion
Considering the analysis above:
- Only **Statements 1 and 3** are correct.
- Therefore, the correct answer is option **C: 2 only** is incorrect in stating the binding nature of the Supreme Court’s advice.
Thus, the correct understanding aligns with the constitutional provisions regarding the removal of UPSC members.
The Union Public Service Commission (UPSC) is a constitutional body responsible for conducting examinations for various services under the Union government. The removal of its members, including the chairman, is governed by specific provisions.
Statement Analysis
- **Statement 1: The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.**
- This statement is **correct**. The chairman and other members of the UPSC can be removed on the grounds of proven misbehavior or incapacity, similar to the process for removing a Supreme Court judge.
- **Statement 2: The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.**
- This statement is **incorrect**. The advice of the Supreme Court is not binding on the President. While the President must consult the Supreme Court, the final decision rests with the President.
- **Statement 3: The term ‘misbehavior’ is not defined in the constitution.**
- This statement is **correct**. The Constitution does not provide a definition for "misbehavior," leaving it open to interpretation.
Conclusion
Considering the analysis above:
- Only **Statements 1 and 3** are correct.
- Therefore, the correct answer is option **C: 2 only** is incorrect in stating the binding nature of the Supreme Court’s advice.
Thus, the correct understanding aligns with the constitutional provisions regarding the removal of UPSC members.
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With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer?
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With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer?.
With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the removal of members of the Union Public Service Commission, consider the following statements:1. The chairman can be removed from the office on the same grounds as a judge of the Supreme Court.2. The advice tendered by the Supreme Court for removal of the member of the Union Public Service Commission for misbehavior is binding on the President.3. The term ‘misbehavior’ is not defined in the constitution.Q. Which of the statements given above is/are correct?a)3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3 .Correct answer is option 'C'. Can you explain this answer?.
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