Laxmikanth Summary: Union Public Service Commission | Indian Polity for UPSC CSE PDF Download

Union Public Service Commission

• The Union Public Service Commission (UPSC) is the main organization in India responsible for recruiting government officials.
• It operates as an independent constitutional body, meaning it was established by the Constitution of India.
• Details about the UPSC can be found in Articles 315 to 323 of Part XIV of the Constitution.
• This section of the Constitution outlines various important points, including:
  • The structure of the UPSC.
  • The process for appointing and removing its members.
  • The independence of the UPSC.
  • The powers it holds.
  • The functions it performs.

Composition

• The UPSC (Union Public Service Commission) is led by a chairman and other members who are appointed by the President of India.
• The Constitution does not set a specific number of members for the Commission; instead, it allows the President to decide how many members there will be.
• There are no specific qualifications required for being a member of the Commission, except that at least half of the members must have worked for a minimum of ten years in either the Government of India or a state government.
• The Constitution also gives the President the power to set the terms of service for the chairman and other members of the Commission.
• Moreover, the President can decide how many staff members the Commission will have and set their working conditions.
• The chairman and members serve a term of six years or until they reach the age of 65 years, whichever happens first.
• They can resign from their positions at any time by sending their resignation to the President.
• Members can also be removed from their positions before their term ends, but this must be done in accordance with the rules laid out in the Constitution.
• If the position of the chairman becomes vacant, or if the chairman is unable to perform their duties for any reason, the President can appoint one of the members to act as the acting chairman.
• The acting chairman will continue to serve until a new chairman is appointed or until the original chairman is able to return and resume their responsibilities.

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Removal

• If the member is declared insolvent (meaning they are bankrupt).
• If the member takes on any paid work outside their official responsibilities during their term.
• If the President believes that the member is unfit for the role due to a mental or physical disability.
• Additionally, the President can remove the chairman or any member for misbehaviour. However, in this case:
  • The matter must be referred to the Supreme Court for investigation.
  • If the Supreme Court supports the removal and suggests it, the President can proceed with the removal.
  • The advice given by the Supreme Court is mandatory for the President to follow.
• During the investigation by the Supreme Court, the President has the power to suspend the chairman or member of the UPSC.
• The Constitution defines misbehaviouras:
  • If the member is involved in any contract or agreement made by the Government of India or a state government.
  • If the member benefits from such a contract or agreement in any way, other than as a member and equally with other members of a registered company.

Functions

• It organizes exams for positions in all-India services, central services, and public services in centrally administered territories.
• It helps states, if two or more states ask for it, in creating and managing joint recruitment plans for services that need candidates with special skills.

It addresses the needs of a state when the state governor requests it, with the approval of the President of India.
It provides advice on various matters, including:

• Recruitment methods for civil services and civil posts.
• The principles to follow for making appointments, promotions, and transfers in civil services, including evaluating the suitability of candidates.
• Disciplinary matters concerning individuals serving under the Government of India, including memorials and petitions related to these issues.
• Claims for reimbursement of legal costs incurred by civil servants while defending themselves in legal cases related to their official duties.
• Claims for pension awards for injuries sustained by civil servants while working for the Government of India, along with questions about the amount of such awards.
• Any other matters referred to it by the President.
• The Supreme Court has determined that if the government does not consult the UPSC on the aforementioned matters, the affected civil servant cannot seek remedy in a court.
• This means that any mistakes in consulting the UPSC or acting without its consultation do not make the government's decisions invalid.
• Thus, the requirement for consulting the UPSC is considered directory rather than mandatory.
• Moreover, a selection by the UPSC does not guarantee a candidate the right to a job.
• However, the government is expected to act fairly and without bias or bad intention.
• The Parliament can assign additional responsibilities related to Union services to the UPSC.
• It can also place the personnel system of any authority, corporate body, or public institution under the UPSC's jurisdiction.
• This means that the UPSC's authority can be expanded through laws made by the Parliament.
• The UPSC submits an annual report about its work to the President.
• The President then presents this report to both Houses of Parliament, along with a memo that explains cases where the Commission's advice was not followed and the reasons for that.

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Limitations

•  When making reservations for jobs or positions for any backward class of citizens. 
•  When considering the claims of scheduled castes and scheduled tribes for appointments in services and positions. 
• For selecting someone for a temporary or acting position if: 
  • The person will not likely hold the position for more than one year.
  • It is necessary to make the appointment quickly for the public interest, and consulting the UPSC would cause unnecessary delays.
•  For appointments in a large number of Group C and Group D Central Services. 
•  For appointing the Chairman and members of boards, commissions, tribunals, and similar authorities. 
•  For appointments to the positions of heads of diplomatic, consular, and other similar Indian missions abroad (for example, Ambassadors, High Commissioners, Ministers, Commissioners, Consuls-General, Representatives, Agents). 
•  The President can exclude certain posts, services, and matters from the UPSC's responsibilities. 
•  According to the Constitution, the President can create rules about all-India services and Central services that specify when it is not necessary to consult the UPSC. 
•  Any rules made by the President must be presented to each House of Parliament for at least 14 days. 
•  The Parliament has the power to change or remove these rules. 
•  Based on this provision, the President has established rules known as the UPSC (Exemption from Consultation) Regulations, 1958. 
•  These regulations have been updated over time. 

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Role

• The Constitution sees the UPSC as the 'watchdog of the merit system' in India.
• Its main focus is on recruitment for the All-India Services and Central Services - both group A and group B.
• When asked, the UPSC gives advice to the government on promotions and disciplinary matters.
• However, it does not deal with issues like classification of services, pay and service conditions, cadre management, or training.
• These topics are managed by the Department of Personnel and Training, which is one of the three departments in the Ministry of Personnel, Public Grievances and Pensions.
• Thus, the UPSC acts only as a central recruiting agency, while the Department of Personnel and Training is the central personnel agency in India.
• The role of the UPSC is limited; its recommendations are merely advisory and not mandatory for the government.
• It is up to the Union government to decide whether to accept or reject these recommendations.
• The government can also create rules that define the UPSC's advisory roles.
• The formation of the Central Vigilance Commission (CVC) in 1964 has influenced the UPSC's responsibilities in disciplinary issues.
• This is because both the UPSC and CVC provide advice to the government regarding disciplinary actions against civil servants.
• Conflicts may occur when these two organizations give contradictory advice.
• However, the UPSC, being an independent constitutional body, has an advantage over the CVC, which was established through an executive resolution and received statutory status in 2003.