General Studies IIINSTITUTIONS AND ORGANIZATIONS

UPSC- Union Public Service Commission

UPSC – A Constitutional Body

Constitutional Foundation of UPSC

  • UPSC is an independent constitutional body created directly by the Indian Constitution under Articles 315-323 in Part XIV.

  • Article 315: Mandates establishment of Public Service Commission for the Union and for each State.

  • Article 316: Governs appointment and term of office of members – 6 years or age 65, whichever is earlier.

  • Article 317: Provides removal and suspension procedures for members.

  • Article 318: Empowers regulation-making for service conditions of members and staff.

  • Article 319: Prohibits post-retirement employment for members in government.

  • Article 320: Details comprehensive functions of Public Service Commissions.

  • Article 321: Grants Parliament power to extend UPSC functions.

  • Article 322: Ensures expenses charged on Consolidated Fund of India.

  • Article 323: Mandates annual reports to President and Parliament.

Evolution of UPSC from British Era

Colonial Origins (1919-1926)

  • Government of India Act 1919: Section 96(C) provided for establishment of Public Service Commission in India.

  • Lee Commission (1924): Royal Commission under Lord Lee of Fareham recommended immediate establishment of Public Service Commission.

  • Lee Commission Recommendations:

  • 40% British, 40% directly recruited Indians, 20% promoted from provincial services

  • Establishment of Public Service Commission as “cardinal feature”

  • Achieve 50:50 parity between Europeans and Indians in 15 years

Establishment and Evolution

  • October 1, 1926: First Public Service Commission established under Sir Ross Barker as Chairman with 4 members.

  • Government of India Act 1935: Created Federal Public Service Commission and Provincial Public Service Commissions.

  • January 26, 1950: Federal Public Service Commission became Union Public Service Commission with constitutional status.

Composition and Structure of UPSC

Membership

  • Chairman + Members: Usually 9-11 members including Chairman appointed by President of India.

  • No Fixed Strength: Constitution leaves composition to President’s discretion.

  • Qualification: Half the members must have 10 years’ experience under Government of India or State government.

  • Term: 6 years or until age 65, whichever is earlier.

Appointment Process

  • Presidential Appointment: President determines composition, conditions of service.

  • Acting Chairman: President can appoint acting chairman when office falls vacant or chairman unable to perform duties.

  • Service Conditions: Determined by President but cannot be varied disadvantageously after appointment.

Independence Safeguards

Security of Tenure

  • Protected Removal: Members removable only on constitutional grounds and manner.

  • Supreme Court Inquiry: For misbehavior cases, mandatory Supreme Court inquiry before removal.

  • Defined Misbehavior: Interest in government contracts or deriving profit from such contracts.

Financial Independence

  • Consolidated Fund: All expenses including salaries, allowances, pensions charged on Consolidated Fund of India.

  • Non-Votable: Expenses not subject to Parliamentary vote.

Post-Service Restrictions

  • Chairman: Not eligible for further government employment after ceasing office.

  • Members: Eligible only for UPSC Chairmanship or SPSC positions, not other government employment.

  • No Reappointment: Not eligible for second term in same office.

Functions and Powers of UPSC

Examination and Recruitment Functions

  • Conducts examinations for All-India Services, Central Services, and centrally administered territories.

  • Assists states in joint recruitment schemes when requested by two or more states.

  • Serves state needs on Governor’s request with Presidential approval.

Advisory Functions

  • Recruitment Methods: Advises on methods for civil services recruitment.

  • Appointment Principles: Guides principles for appointments, promotions, transfers.

  • Candidate Suitability: Assesses suitability for appointments and promotions.

  • Disciplinary Matters: Handles all disciplinary matters including:

  • Censure and withholding increments

  • Reduction in rank (demotion)

  • Compulsory retirement, removal, dismissal

Additional Consultative Roles

  • Legal Expense Reimbursement: Claims for legal expenses in official duty-related proceedings.

  • Pension Awards: Injury-related pension claims and amounts.

  • Temporary Appointments: Matters exceeding one year and regularization.

  • Extension of Service: Grant of extension and re-employment of retired civil servants.

Working Functions and Role

Core Responsibilities

  • Merit System Guardian: Constitution visualizes UPSC as “watchdog of merit system” in India.

  • Central Recruiting Agency: Primary recruitment body for Group A and Group B Central Services.

  • Advisory Nature: Recommendations are advisory, not binding on government.

Reporting Mechanism

  • Annual Reports: Presents annual performance report to President.

  • Parliamentary Presentation: President places report before both Houses of Parliament.

  • Non-Acceptance Memorandum: Cases where UPSC advice not accepted must be explained with reasons.

  • Cabinet Committee Approval: Non-acceptance requires Appointments Committee of Union Cabinet approval.

Limitations and Scope

Excluded Matters

  • Reservation Appointments: Not consulted for backward class reservations.

  • SC/ST Appointments: Claims consideration kept outside UPSC purview.

  • High-Level Appointments: Commission/tribunal chairmanships, diplomatic posts, Group C/D services.

  • Temporary Posts: Appointments likely to be held for less than one year.

Regulatory Powers

  • Presidential Regulations: President can exclude posts/services from UPSC purview.

  • Parliamentary Oversight: Regulations must be laid before Parliament for 14 days.

  • Parliamentary Amendment: Parliament can amend or repeal Presidential regulations.

Contemporary Challenges and Evolution

Institutional Relationships

  • Central Vigilance Commission: CVC creation (1964) affected UPSC’s disciplinary role.

  • Conflicting Advice: Problems arise when UPSC and CVC tender conflicting advice.

  • Constitutional Edge: UPSC as constitutional body has edge over executive-created CVC.

Administrative Division

  • Department of Personnel and Training: Handles classification, pay, service conditions, cadre management, training.

  • Functional Separation: UPSC focuses on recruitment while DoPT manages personnel administration.

  • Limited Role: UPSC role limited compared to broader personnel management functions.

Modern Relevance

  • Centenary Milestone: Completing 100 years of institutional journey (1926-2026).

  • Democratic Foundation: Serves as bedrock of India’s bureaucratic framework.

  • Merit and Integrity: Symbolizes impartiality, integrity, and meritocracy in public life.

  • Administrative Leadership: Shapes India’s administrative leadership for governance challenges.

 

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Indian Polity

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