Public Service Commission | Constitutional Law - CLAT PG PDF Download

Introduction 

• The Union Public Service Commission (UPSC) is a central agency responsible for conducting various important examinations in India, including those for Civil Services, Engineering Services, Defence Services, Medical Services, Economic Service, Statistical Service, and Police Forces.
• The UPSC was established during British rule in India, following the recommendations of the Lee Commission in 1924, which called for an independent Public Service Commission.
• Initially set up in 1926, the UPSC was later reinforced by the Government of India Act 1935, which established separate Public Service Commissions for central and state services.
• After India gained independence, the UPSC was restructured to function as an independent and neutral body, following the framework set out in the Government of India Act 1935.

Constitutional Provisions for the Union Public Service Commission (UPSC) 

The Indian Constitution, under Articles 315 to 323, makes provisions for the establishment and functioning of the Union Public Service Commission (UPSC) as a constitutional agency.

Article 315: Establishment of UPSC 

• Article 315 of the Constitution of India mandates the formation of a  permanent Union Public Service Commission (UPSC)  .
• The UPSC is responsible for making appointments to various posts in the  central government services  .

Article 318: Composition of UPSC 

• According to Article 318, the  UPSC  is to be constituted with a  Chairman and a fixed number of members  .
• The  President of India  determines the number of members and the terms and conditions of their service.

Appointment of UPSC Members 

• The President appoints the Chairman and other members of the  UPSC 
• Members are appointed for a  fixed term of six years  .

Appointment and Tenure of the Union Public Service Commission (UPSC)

The Commission comprises a Chairman and ten other members, following the Union Public Service Commission (Members) Regulations, 1969.

Composition and Appointment 

• The Commission consists of a  Chairman  and  ten other members  .
• Members are appointed by the  President of India  , with at least half being  civil servants  (working or retired) with a minimum of  ten years of experience  in Central or State service.

Tenure and Conditions 

• Members can serve for  six years  or until they turn  65 years old  , whichever comes first.
• The Chairman is prohibited from taking any  office of profit  under the Central or State Governments after retirement.
• Members cannot have their terms and conditions changed after appointment.

Removal and Resignation 

• Members can be removed only through  constitutional means  , not by the executive.
• A member can resign at any time by submitting a resignation to the  President of India  .
• The President can remove a member for  misbehavior  .

Remuneration 

• The remuneration and allowances of the members, including the Chairman, are charged upon the  Consolidated Fund of India  , meaning they do not require  Parliamentary approval  .

Secretariat Structure 

• The Secretariat of UPSC is headed by a  Secretary  and includes  two additional secretaries  ,  joint secretaries  , and  deputy secretaries  .

Annual Report Submission by UPSC 

• The UPSC submits an annual report of its activities to the President of India.
• This report is then presented in both houses of Parliament for discussion.
• If the President does not accept some of the commission's recommendations, a memorandum is placed explaining the reasons for non-acceptance.

Constitutional Provisions for Public Service Commissions 

Articles  315 to 323  in Part  XIV  of the Indian Constitution outline the provisions related to the  Union Public Service Commission (UPSC)  and the  State Public Service Commissions (SPSCs)  .

Appointment and Composition 

• Details regarding the appointment and composition of the Public Service Commissions are specified in these articles.

Functions and Duties 

• The articles also define the functions and duties of the Public Service Commissions.

Union Public Service Commission (UPSC) 

• The UPSC is India’s central agency responsible for conducting examinations and selecting candidates for various central services.
• Its charter is granted by the Constitution of India, highlighting its constitutional authority.

State Public Service Commissions (SPSCs) 

• Each state in India has its own Public Service Commission, which functions similarly to the UPSC but at the state level.
• SPSCs are also constitutional bodies established under the provisions of the Indian Constitution.

Challenges in Public Service Recruitment 

• Recruiting for public service is a challenging task in any country.
• In India, the process is further complicated by its  multilingual  and  multireligious  society, as well as the presence of various  minority groups  and  backward classes  .
• The state is a major employer, and government service is considered prestigious, adding to the significance of the recruitment process.

Composition of U.P.S.C. and S.P.S.C

•  U.P.S.C.  : The Union Public Service Commission (U.P.S.C.) is composed of a Chairman and members appointed by the President of India. The commission typically consists of  9 to 11 members, including the Chairman  . However, the exact number can vary and is determined by the President.
•  S.P.S.C.  : The State Public Service Commission (S.P.S.C.) follows a similar structure, with a Chairman and members appointed by the Governor of the state. Like the U.P.S.C., the S.P.S.C. usually has  9 to 11 members, including the Chairman  . The specific number can change and is decided by the Governor.

Currently, the sanctioned strength for both commissions is  11 members  , which includes  one Chairman and ten members  .

Articles Relating to Public Service Commission

•  Article 315  : Public service commissions for the Union and for the States.
•  Article 316  : Appointment and term of office of members.
•  Article 317  : Removal and suspension of a member of a Public Service Commission.
•  Article 318  : Power to make regulations as to conditions of service of members and staff of the Commission.
•  Article 319  : Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
•  Article 320  : Functions of Public Service Commission.
•  Article 321  : Power to extend functions of Public Service Commission.
•  Article 322  : Expenses of Public Service Commission.
•  Article 323  : Reports of Public Service Commission.

Union Public Service Commission (UPSC) 

 A. Composition 

• The UPSC consists of a  Chairman  and several  members  , all appointed by the  President of India  on the advice of relevant ministers, as per Articles  315(1)  and  316(1)  of the Constitution.
• If the  Chairman’s position  becomes vacant or the Chairman is unable to perform duties, the President may appoint an  acting Chairman  until the Chairman resumes duties or a new Chairman is appointed (Article  316(1-A)  ).
•  Commission members  serve for six years or until they turn  65  , whichever comes first (Article  316(2)  ). They can resign by writing to the President (Article  316(2)(a)  ).

 B. Removal of a Member 

• The  Chairman  of the Public Service Commission must demonstrate  integrity  and  impartiality  in their role. Any failure to meet these standards or any act deemed unbefitting could be considered  misbehavior  under the Constitution. For instance, showing favoritism during the selection process would qualify as misbehavior.
• In the case of  Ram Ashray Yadav  (Chairman, State of Bihar, AIR 2000 SC 1448 at 1456: (2000) 4 SCC 309), the court found no evidence of misbehavior against Dr. Yadav. Although he sometimes failed to exhibit the exemplary conduct expected of him, his actions did not meet the threshold for misbehavior as per Article 317 of the Constitution, which would warrant his removal from office under Article 317(1).

 C. Other Provisions 

• A person who serves as a member of the Commission cannot be  reappointed  to that position once their term ends (Article  316(3)  ). They are also not eligible for any other employment under the Central or State Government (Article  319(c)  ).
• However, they can be appointed as the  Chairman  of the Union Public Service Commission or a State Public Service Commission (Article  319(c)  ).
• The expenses of the UPSC, including salaries, allowances, and pensions for its staff, are charged to the  Consolidated Fund of India  (Article  322  ). This provision protects the Commission from parliamentary pressures.

 D. Functions of the Commission 

• The UPSC is responsible for conducting  examinations  for appointments to Union services (Article  320(1)  ). These examinations aim to assess candidates' suitability for specific positions, and may include competitive and selective elements.
• Besides examination results, other factors, such as  viva voce tests  , may also be considered in the appointment process. Public Service Commissions (PSCs) must adhere strictly to statutory rules during recruitment and appointments.

Case Studies:

 H.S. Bedi v. Patiala, AIR 1953 Pepsu 196. 

• The Supreme Court ruled that the provision is  directory  rather than mandatory.
• Appointments made by the Government without consulting the  Commission  are not considered invalid.

 Kesava v. State of Mysore, AIR 1956 Mys. 20. 

• The Mysore High Court determined that the  Commission  acts as an advisory body to the Government.
• Under Article 323, the Government must provide reasons for not accepting the Commission's advice.
• The Commission is obligated to provide any information requested by the Government.

 Staff of the Supreme Court: 

• The staff of the  Supreme Court  is not covered under  Article 320(3)(c)  .
• The  Chief Justice  has administrative control over the Supreme Court staff, including the power to  appoint  ,  remove  , and set  rules  for their conditions of service.
• While  Article 311  provides constitutional safeguards to all civil service members, including Supreme Court staff, the safeguard in  Article 320(3)(c)  does not apply to them.
• This distinction aligns with the implications of  Article 146  .

In the case of  Jatinder Kumar v. State of Punjab  (1985) 1 SCC 122, it was ruled that certain provisions of the Constitution do not apply to the staff of the Supreme Court.

 Supreme Court Ruling on Article 320(3) 

• The Supreme Court has interpreted the phrase "shall be consulted" in Article 320(3) as not being mandatory. This means that the government’s actions under any of the sub-clauses in the absence of consultation are still valid and not null and void.

 State Public Service Commission 

 Composition 

• The Constitution mandates the establishment of a  Public Service Commission  in each State (Article 315(1)). However, if necessary, two or more States can have a  Joint Public Service Commission  (Article 315(2)).
• While the Constitution ideally intends for each State to have its own Commission, it allows for a Joint Commission for  administrative  or  financial  reasons.
• The  composition  of State Commissions is similar to that of the Union Commission. A State Commission includes a  Chairman  and several  members  , all appointed by the  Governor  (Article 316(1)). In the case of a Joint Commission, the  President  makes these appointments.
• Similar to the Union Public Service Commission, approximately  half  of the members of a State Commission should have held a government office for at least  ten years  before their appointment to the Commission (proviso to Article 316(1)).

Differences in Tenure Provisions for State Commission Members

•  Age of Retirement:  The retirement age for a member of a State Commission is 62 years, compared to 65 years for a member of the Union Public Service Commission (U.P.S.C).
•  Resignation Process:  A member of a State Commission resigns by writing to the Governor, while a member of a Joint Commission resigns by writing to the President.
•  Funding:  The expenses of the State Commission are charged to the Consolidated Fund of the State.

 Governor's Role and Presidential Authority 

•  Governor's Authority:  The Governor determines the number of staff and their conditions of service for the Commission.
•  Presidential Authority:  Under Article 317 (1), the President can refer issues of misbehavior by the Chairman or a member of the State Public Service Commission to the Supreme Court for inquiry and report. If the court advises removal, the President will remove the official.

 Constitutional Provisions for State Public Service Commissions 

 Appointment of State Governors 

•  Supreme Court Ruling:  In the case of Hargovind Pant v. Raghukual Tilak, the Supreme Court ruled that a member of a State Public Service Commission can be appointed as the Governor of a State. This is because the office of the Governor is considered a high constitutional office and is not under the Government of India.

 Functions of the State Commission 

• A State Public Service Commission performs functions related to State Services, similar to the Union Commission's role in Union Services.
• Protection under Article 320 (3) (c) does not extend to High Court staff, allowing the Chief Justice to dismiss a High Court employee without consulting the State Public Service Commission.
• The State Legislature can assign additional functions to the State Commission concerning State Services, local authorities, public institutions, or other corporate authorities established by law.

 Consultation with the Governor 

• The State Commission must be consulted by the Governor when establishing rules for appointing judicial officers, excluding District Judges.

 Annual Report Submission 

• The State Commission is required to submit an annual report of its activities to the Governor.
• The report, along with the Governor's memorandum explaining cases where the Commission's advice was not followed and the reasons for such decisions, must be presented to the State Legislature.

 Joint Commission Reports 

• A Joint Commission submits similar reports to each involved State Governor.
• Each Governor then takes action as outlined in the annual report process.

 Legal Precedents and Their Implications 

 R. Hariharan v. K. Balachandran Nair 

•  Case Details:  In this case, it was determined that the requirement for the Electricity Board to consult the State Public Service Commission for appointing assistant engineers is mandatory.
•  Legal Significance:  This ruling underscores the legal obligation for statutory provisions regarding consultations in appointments.

 Bihar Public Service Commission v. S.J. Thakur 

•  Supreme Court Ruling:  The Supreme Court ruled that a member of the Public Service Commission cannot challenge the validity or correctness of the functions performed or duties discharged by the Commission as a whole.
•  Member's Role:  A member is considered part of the function or duty performed by the Commission, regardless of dissent, minority opinion, or abstention from participation.

 Appointment and Eligibility of Members 

 Article 316  of the Indian Constitution outlines the appointment process for the  Chairman  and  members  of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSC).

 Appointment of Chairman and Members 

• The  President of India  appoints the Chairman and members of the  Union Public Service Commission  (UPSC).
• The  Governor of the State  appoints the Chairman and members of the  State Public Service Commission  (SPSC).

 Eligibility Criteria 

• While the Constitution does not specify particular qualifications, it requires that  50%  of UPSC members have held government office for at least  10 years  .
• Members of the UPSC and SPSC must not hold any  office of profit  under the central or state government at the time of their appointment.

 Conditions of Service 

• The  President  and  Governor  determine the conditions of service for the Chairman and members of the UPSC and SPSC, respectively, at the time of appointment.

 Appointment of Chairman and Acting Chairman 

•  In Case of Vacancy:  If the office of the Chairman of the Union Public Service Commission (UPSC) becomes vacant, the President of India appoints another member of the Commission as the Acting Chairman.
•  State Public Service Commission (SPSC):  The Governor can appoint a member of the SPSC as Acting Chairman under similar circumstances:
•  When the office of the Chairman is vacant. 
•  When the Chairman is unable to perform duties due to absence or other reasons. 
• The Acting Chairman will carry out the functions of the Chairman until the Chairman resumes office.

 Tenure of Members and Chairman 

 Union Public Service Commission (UPSC) 

• Members serve for  six years  or until they turn  65 years old  , whichever comes first.

 State Public Service Commission (SPSC) 

• Members serve for  six years  or until they turn  62 years old  , whichever comes first.

 Resignation and Removal 

• Members can  resign  at any time by submitting their resignation to the  President of India  .
• Members of both the UPSC and SPSC can be  removed  by the President on various grounds.

 Expenses 

• According to Article 322, the expenses of the Union Public Service Commission (UPSC) and State Public Service Commission (SPSC), including salaries, allowances, and pensions for members or staff, are charged to the Consolidated Fund of India and the Consolidated Fund of the State, respectively.

 Reporting 

• Article 323 mandates the Union Commission to submit an annual report of its work to the President, while the SPSC submits its report to the Governor.
• The President presents the UPSC report to Parliament, and the Governor presents the SPSC report to the State Legislature, along with a memorandum explaining any non-acceptance of the Commission's advice.

 Structure of the Organization 

• The terms and conditions of service for the chairman and members of the Union Public Service Commission (UPSC) are governed by the Union Public Service Commission (Members) Regulations, 1969.

 Secretariat 

The Commission's functions are carried out by a Secretariat headed by a  Secretary  and  four Additional Secretaries  . They are supported by Joint Secretaries, Deputy Secretaries, and other staff. The Secretariat is divided into divisions, each responsible for specific tasks:

 Administration 

• Manages the Secretariat and handles personal matters of the  Chairman  ,  Members  , and staff.

 All India Services 

• Handles recruitment and promotions for All India Services (IAS, IPS, IFS).
• Deals with policy matters and amendments related to All India Services.

 Appointments 

• Responsible for appointments to Central and State services based on promotion, deputation, and absorption.

 Examination 

• Conducts merit-based selection and recommendation of candidates for Group A and Group B Services through various examinations.

 General 

• Handles day-to-day administrative tasks, including arrangements for examinations and printing the Annual Report.

 Recruitment 

• Carries out Direct Recruitment for Group 'A' and certain Group 'B' posts in Union and State services.
• Recruitments are done by selection (interview) or competitive examination.

 Services I 

• Handles disciplinary cases under Article 320(3)(c) from various Ministries, Departments, and State Governments.

 Services II 

• Handles cases not dealt by  Services I  .
• Compiles the Annual Report and coordinates foreign delegations and international events.
• Manages correspondence with foreign countries regarding Public Service Commissions, including SAARC Member States.

 Powers of U.P.S.C. and S.P.S.C 

 Advisory Power 

The main power of the Union Public Service Commission (U.P.S.C.) and the State Public Service Commission (S.P.S.C.) is advisory in nature. They are empowered to give advice to the President and the Governors of the States on various important matters.

 Key Areas of Advisory Power 

•  Appointment of Civil Services:  Advising on all matters related to the appointment of civil services in the government.
•  Evaluation of Candidates:  Assessing the efficiency and standards of candidates for appointment, promotion, or transfer in all civil posts.
•  Discipline and Punctuality:  Providing guidance on matters regarding the discipline and punctuality of civil service employees.
•  Demands and Benefits:  Advising on issues related to the demands and benefits of employees working under the civil services, including employees injured while on duty.
•  Payment and Expenditure:  Determining whether the payment or expenditure for any work of a civil service employee will be charged to the Consolidated Fund of India.
•  Compensation and Negligence:  Advising on the promptness of decisions and disciplinary actions in government functions, including compensation to government employees who suffer problems or financial loss due to government negligence.
•  Disciplinary Actions:  Dealing with matters related to punishment measures for employees who violate discipline and addressing issues related to the interests of government employees working under the Central and State governments.