Public Service Commissions | Indian Polity for UPSC CSE PDF Download

Introduction

The Constitution of India did not include detailed provisions for every aspect of public service regulation. Instead, it allowed the recruitment and conditions of service for public servants at both the Union and State levels to be governed by laws made by the respective legislatures. Until such laws are enacted, these matters are managed by rules established by the President for Union services and by Governors for State services, as per Article 309 of the Constitution.

The Constitution specifically addresses two key areas:

• Tenure and Disciplinary Actions: It outlines the tenure of public servants and the procedures for disciplinary actions against them.
• Public Service Commissions: It defines the constitution and functions of Public Service Commissions, which play a crucial role in the recruitment and management of public services.

Types of Services

The Constitution categorizes civil services in India into three major types:

1. All India Services: These services are shared between the Centre and the States. They include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS). The Rajya Sabha has the authority to create a new All India Service by passing a resolution with a two-thirds majority.
2. Central Services: These services are involved in the administration of subjects listed in the Union List. They are further classified into Group A, B, C, and D services. There are 50 Central civil services in Group A, including the Indian Foreign Service, Indian Audit and Accounts Service, Indian Defence Service, Indian Postal Service, and Indian Economic Service, among others. The Union Public Service Commission (UPSC) is responsible for recruiting Group A and B services, while Group C services are recruited by the Staff Selection Commission.
3. State Services: These services are related to the administration of State subjects such as health, planning, and police. State services are classified into Class I, II, III, and IV, with Class IV including positions like peons and messengers.

Union and state public service commissions 

Art. 315 lays down that there shall be a Public Service Commission for the Union, and a Public Service Commission for each state or a joint public Service Commission for a group of states. Setting up a joint public service commission is subject to the state legislatures concerned passing a resolution to that effect and parliament approving that resolution. The Union Public Service Commission (UPSC) also may, with the approval of the President, agree to serve the needs of a state, if so requested by the Governor of the state.

The number of members of the Commission and their conditions of service is determined :

1. by the President in the case of the Union or a Joint Commission, and
2. by the Governor of the State in the case of a State Commission.

Appointment and term of office

• The chairman and members of the Union or a Joint Commission are appointed by the President.
• The chairman and members of a State Commission are appointed by the Governor.
• Half of the members of a commission should be persons who have held office under the Government of India or a state for at least ten years (Art. 316).
• The members hold office for six years.
• A member of the UPSC retires at the age of 65 years.
• A member of a state or joint PSC retires at the age of 62 years.
• The office of a member may be terminated earlier also.
• A member may resign, in writing addressed to the President (for UPSC or Joint PSC) or the Governor (for State PSC).
• A member of the UPSC can be removed from office only by an order of the President on the ground of misbehaviour.
• The Constitution prescribes a procedure to prove such misbehaviour.
• The matter will be referred to the Supreme Court by the President.
• The court will conduct an enquiry in accordance with the procedure prescribed under Art. 145 of the Constitution.
• The court will submit a report to the President.
• Pending the enquiry by the Supreme Court, the President may suspend the Member concerned.
• The Presidentis empowered to remove a Member of the commission by an order on the following grounds:
  • If he is adjudged an insolvent.
  • If he engages himself during his term of office in any paid employment outside the duties of his office.
  • If he is, in the opinion of the President, unfit to continue in office for reason of infirmity of mind or body.
  • If he becomes in any way concerned in any of the Government of India or a State Government or participates in its profits or benefits except as an ordinary member of an incorporated company.
• All these provisions are intended to make the commission an independent and impartial body.

Independence of PSC

Several provisions have been made by the Constitution to safeguard the independence of the PSC from the executive.

1. The chairman or a member of a commission can be removed from office only in the manner and for the grounds specified to the Constitution.
2. Though the conditions of service of a member of the PSC is determined by the President for UPSC or a joint commission) and by the Governor (for State PSC), these are not to be varied to his disadvantage after his appointment (Art. 318).
3. The expen ses of t he Commi ssion are charged on the Consolidated Fund of India or of the state (Art. 322).
4. Cer tain disabilities are imposed upon t he chairman and members of the commission with respect to future employment under Government (Art. 319) : (a) The chairman of UPSC is ineligible for further employment either under the Union or any state government; (b) The chairman of a state PSC is eligible for appointment in UPSC or chairman of any other state PSC; (c) A member of UPSC (but not the chairman) is eligible for appointment as the chairman of UPSC/State PSC; (d) A member of a State PSC (but not the chairman) is eligible for appointment in UPSC or as the chairman of that or any other State PSC.

Safeguards for civil servants

Though all government servants except certain high officials (the Supreme Court Judges, the Auditor General, the High Court Judges and the Chief Election Commissioner who cannot be removed from their offices except in manner laid down in Art. 124, 148, 218, 324, respectively and discussed in respective chapters) hold office during the pleasure of the President or the Governor (as the case may be), two procedural safeguards are provided for the security of tenure of ‘civil’ servants as distinguished from military personnel. They are :

1. A civil servant shall not be dismissed or removed by any authority subordinate to that by which he was appointed Art. 311.
2. No dismissal, removal or reduction in rank shall be ordered against a civil servant unless he has been given a reasonable opportunity of being heard in respect of the charges brought against him.

Before proceeding against a civil servant the authority must :

1. frame specific charges with full par ticularity,
2. intimate those charges to the Government servant concerned,
3. give him an oppor tunity to answer those charges;
4. after considering his answers, take its decision, and
5. the rules of natural justice should be observed in coming to the finding against the accused.

While a person “dismissed” is ineligible for reemployment under the Government, no such disqualification attaches to a person ‘removed’. But two elements are common to ‘dismissed’ and ‘removal’:

1. Both the penalties are awarded on the ground that the conduct of the Government servant is blameworthy or deficient in some respect.
2. Both entail penal consequences, such as the forfeiture of the right to salary, allowances or pension already acquired, for past services.

Where no such penal consequence is involved, it would not constitute ‘dismissal’ or ‘removal’ e.g.,  where a Government servant is ‘compulsorily’ retired without any further penal consequence attached to such order.

No inquiry need be held and no opportunity need be given in three classes of cases :

1. Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;
2. Where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
3. Where the President or Governor, as the case may be, is satisfied that in the interest of the security of the state it is not expedient to hold such inquiry. (Art. 311). 

Functions of PSC 

Under Article 320, the Commissions have the following functions :

1. To conduct examinations for appointment to the services of the union or the State;
2. To advise the Union or state government;
3. Exercise such additional functions as may be provided for by any act of Parliament/state legislature.
4. Present annually to the President/Governor a report on the work done by the Commission.
5. The UPSC, if requested by two or more states, must assist those states in framing and operating schemes of joint recruitment for any services for which candidates pos-sessing special qualifications are required.
6. UPSC, 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.

Consultant to President/Governor: 
The President/Governor is statutorily equired to consult the PSC :

1. On all matters relating to methods of recruitment of civil services and civil posts.
2. On the principles to be followed in making appointments to civil services and posts and in making promotion and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers.
3. On all disciplinary matters affecting a person servicing under the government of India/ state government in a civil capacity.
4. On any claim by such a person for the cost incurred in defending legal proceedings instituted against him in respect of act done or purporting to be done in the execution of his duty.
5. On any claim for compensation in respect of injuries sustained by a person while serving the government. The PSC’s function here is purely advisory. The Constitution has no provision to make it obligatory upon the government to this advice. But if the government chooses to disregard this advice it has to explain its action to Parliament/state legislature.

Report of PSC:
The UPSC has to present to the president every year a report on the work it has done. The President must have this report laid before each House of parliament, together with a memorandum explaining where the advice of the commission was not accepted and the reason for such non-acceptance (Art. 323).
A state PSC has to submit its report to the Governor. The legislature concerned here is the state legislature.

Roles of Government, Ministers, and Civil Servants

The term 'government' specifically refers to Ministers, while the permanent civil services are responsible for implementing policies as directed by the government. This distinction highlights that civil servants represent the 'administration.' Although both Ministers and civil servants are public servants, their roles differ significantly. Ministers are political leaders, while civil servants are career government employees.

Role of Civil Servants:

• Civil servants provide advice to Ministers during the formulation of policies and decision-making processes.
• Once a Minister makes a decision, the civil servant is responsible for implementing it honestly and without question.
• Civil servants are expected to work impartially and adhere to laws, rules, and regulations, free from political influence.

Continuity and Support:

• The bureaucracy ensures continuity in administration, especially during transitions between different political parties.
• Ministers have the authority to supervise and monitor the work of civil servants, ensuring accountability and adherence to policies.

Education and Awareness:

• To enhance the understanding of civil services' functions, regular seminars should be organized for civil servants.
• These seminars can educate civil servants about the importance of bureaucracy in a developing country like India.
• Ministers and legislators should also be educated on the roles of political leadership and permanent civil services to foster better cooperation.
• Media can play a pivotal role in informing the public about the rights of citizens, the duties of civil servants, and the challenges they face.

Avoiding Political Interference:

• There should be a clear separation between politics and day-to-day administrative tasks to prevent political victimization of civil servants.
• Corruption among civil servants should be actively addressed and eliminated.

Establishing Strong Organizations:

• Forming robust organizations for different civil services can help in discussing common issues and promoting transparency.
• These organizations can also protect the interests of honest and efficient civil servants who may be facing unfair treatment.

Performance Evaluation:

• Setting objective standards for evaluating civil servants' performance is crucial to ensuring fairness and accountability.

By implementing these measures, the roles and functions of civil services can be better understood and appreciated, leading to a more effective and trustworthy administration.

The Role of Bureaucracy in Post-Independence India

After India gained independence in 1947, the bureaucracy, often referred to as the "steel frame" of the nation, played a crucial role in maintaining stability and order. The resilience of the bureaucracy helped prevent the typical disorder that many newly independent countries experience. Over the years, the Indian bureaucracy has earned respect for its effective functioning.

Relationship Between Bureaucracy and Political Leadership:

• The state's significant role in societal transformation has led to a close relationship between political leaders and the bureaucracy.
• This relationship has sometimes resulted in tension and conflict, negatively impacting the standards of bureaucratic performance.
• Politicians often prioritize political considerations over legal norms and procedural sanctity, which can undermine bureaucratic effectiveness.
• Politicians exert influence over bureaucrats through patronage, controlling promotions and transfers.

The Concept of 'Committed' Bureaucracy:

• The term 'committed' gained new meaning for bureaucrats during the period of Emergency, when they were expected to fully align with government programs, such as family planning.
• Interestingly, the bureaucracy itself is a powerful social group, and some bureaucrats have been known to use political connections to advance their own interests, securing coveted positions and assignments.
• There are also mutual benefits between public servants and businesspeople, creating a network of influence that impacts the bureaucracy.

Debate on Committed Bureaucracy:

• The idea of a 'committed' civil service arose from dissatisfaction with the slow pace of India's progress towards socialism.
• Critics argue that the civil service hinders the implementation of progressive policies.
• However, this perspective overlooks the role of bureaucracy in a parliamentary democracy.
• In contrast to one-party states like the Soviet Union, where civil servants are ideologically aligned with the ruling party, India's civil service must remain politically neutral due to the presence of multiple political parties with differing ideologies.

Role of Civil Servants in a Parliamentary Democracy:

• In a parliamentary democracy like India, civil servants should not have any ideological bias in their official duties.
• They are expected to implement government programs honestly and efficiently, regardless of the ruling party's ideology.
• Civil servants should, however, be committed to the national objectives outlined in the Constitution's Directive Principles of State Policy.

Need for Professional Commitment:

• There is a need for professional commitment among civil servants, and if such commitment is lacking, it may be due to outdated evaluation methods, promotion criteria, and procedures.
• Reforming these aspects can lead to a more efficient and dedicated bureaucracy.
• The goal is to foster civil servants who are honest,efficient,public-spirited, and achievement-oriented without succumbing to political pressures.

Concerns About Bureaucratic Power and Democracy

• With the growing powers of bureaucracy, some scholars express concern that it might threaten the very essence of democracy.
• Lord Hewart argued that the executive, including the civil service, has gained powers meant for the legislature and judiciary, leading to a new form of despotism.
• However, this view is an exaggeration. While civil servants' powers have increased, they do not pose a threat to democracy, which operates under internal checks and external controls.
• Their authority is regulated by written rules, regulations, and strict procedures.
• The judiciary also keeps them in check by nullifying decisions that violate legal provisions.
• Additionally, the diverse backgrounds of civil service members act as a safeguard against potential bureaucratic despotism.

Safeguards Against Bureaucratic Dominance

• The bureaucracy should be representative of various social and economic classes within the community.
• It should operate in a more democratic manner, allowing bureaucrats to compete openly for power.
• There should be a focus on personal responsibility of bureaucrats, rather than anonymity.
• Establishing advisory bodies and maintaining effective communication between governors and the governed are also essential.

Exceptions to the Rule of Law:

• The President or Governor is not answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and duties.
• No criminal proceedings can be instituted against the President or Governor in any court during his term of office. ­
• No process for arrest or imprisonment of the President or Governor of a State can be issued by any court during his term of office. ­ 
• No civil proceedings in which relief is claimed against the President or Governor can be instituted during the President’s or Governor’s terms of office in any court in respect of any act done or purporting to be done by him  in his personal capacity. ­ 
• Foreign sovereigns are exempted from the jurisdiction of courts.
• Ambassadors representing foreign governments are entitled to immunities and are not subject to the law of the land. 
• Alien enemies can be tried for acts of war only under martial law.