Union Public Service Commission | SSC CGL Tier 2 - Study Material, Online Tests, Previous Year PDF Download

Introduction

• UPSC is a Central Recruiting Agency in India.
• It is an independent Constitutional body.
• Art 315 to 323 in Part XIV contain provisions regarding the UPSC.

Composition

• UPSC consists of a Chairman & other members.
• No specific provision as to the strength of the UPSC.
• No specific qualifications have been provided for membership other than half of the members should have held office under Govt of India or State for at least 10 years.
• Prez is empowered to determine the conditions of service of the members.
• Chairman & members hold office for a term of 6 years or until they achieve 65 years of age, whichever is earlier.
• Prez can appoint any member as Acting chairman when the office of the chairman falls vacant or when the chairman is unable to perform her duties due to absence or other reasons.
• Acting chairman continues until chairman resumes office or new chairman take office.

Removal

• President can remove chairman or member under following circumstances:
  (i) If adjudged as an insolvent.
  (ii) If engages in any paid employment during term of Office.
  (iii) If, in Prez’s opinion, is unfit to continue due to infirmity of mind or body.
• Prez can remove Chairman or member for misbehaviour only after an enquiry & advice by the SC. SC’s advice in this case is binding. The member can be suspended by Prez during the time of enquiry.

Independence

• Following provisions are made to maintain independence of UPSC :
• Chairman or member can only be removed on grounds mentioned in Const.
• Conditions of service cannot be varied to disadvantage during term of Office.
• Expenses of UPSC are charged ON Consolidated Fund of India.
• Chairman of UPSC is not eligible for Govt employment in Centre or states.
• Member is eligible for Chairman of UPSC or SPSC but not other employment.
• Chairman or member is not eligible for a second term in office.

Functions

• To conduct exams for appointments to All-India Services, Central Services, public services to Centrally Administered Territories.
• To assist States, on request, for schemes of joint recruitment into services.
• Serves all or any need of a State on request of Gov & consent of Prez.
• It is Consulted on all matters of appointments regarding methods, principles for appointment & suitability of candidates.
• It is also Consulted for promotions or transfer from one service to another.
• All matters relating to discipline of civil Servants under the Govt of India.
• Any other matter relating to personnel management.
• SC ruled that the provision to consult UPSC is not mandatory.
• Prez can exclude posts, services, & matters from the purview of the UPSC.

Exemptions

• In order to exempt some posts which for reasons of National Security or some other reasons may not be required to be referred to the Commission for their advice, the Union Public Service Commission (Exemption from Consultations) Regulations were issued on September 1, 1958, under Article 320(3)(a) and (b) of the Constitution. These Regulations are amended or revised as and when the need arises. The following matters are kept outside the purview of UPSC:
  (i) While making reservations of appointments or posts in favour of any backward class of citizens
  (ii) While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts
  (iii) With regard to the selections for chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of group C and group D services
  (iv) With regard to the selection for temporary appointments for not more than a year
• The President can exclude posts, services and matters from the purview of the UPSC. The President can also, in respect to the all-India services and Central services and posts may make regulations specifying the matters in which it shall not be necessary for UPSC to be consulted. All such regulations shall be laid before the Parliament which can amend or repeal them.