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union public service commission

union public service commission
Highlights

Union Public Service Commission is the central recruiting body in India. It is an independent constitutional body in the sense that it has been...

Union Public Service Commission is the central recruiting body in India. It is an independent constitutional body in the sense that it has been directly created by the constitution. Articles 315 to 323 in part XIV of the constitution contain elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of UPSC.

Body:

  • The Commission consists of a Chairman and ten members.
  • The terms and conditions of the service of the Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969.
  • The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India.
  • At least half of the members of the Commission are Civil Servants (working or retired) with minimum ten years of experience either in Central or State service.
  • The Commission is serviced by a Secretariat headed by a Secretary with two Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting staff.
  • Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.
  • He can submit his resignation at any time to the President of India.

Removal:

The President can remove the Chairman or any other member of UPSC from the office under the following circumstances.

  • On the ground of misbehavior (only if an inquiry of such misbehavior is made and upheld by Supreme Court);
  • If he is adjudged insolvent.
  • Engages during his term of office in any paid employment outside the duties of his office,
  • In the opinion of the President unfit to continue in office by reason of infirmity of mind or body.

Defining the term misbehavior in this context, the Constitution states that Chairman or any other member of UPSC is deemed to be guilty of misbehavior by following

  • If he is concerned or interested in any contract or agreement by the Indian government or state government.
  • If he participates in any way in the profit of such contract or agreement or in any benefit directly or indirectly.
  • Independence:
  • To ensure that the UPSC remains independent and impartial,the following provisions were made by the Constitution.
  • The Chairman and members are removed by the President, but only on the grounds and according to the procedure mentioned in the Indian Constitution.
  • Once the Chairman is appointed, he cannot be removed unless he is found guilty.
  • The entire expenses of the UPSC are charged from the Consolidated Fund of India (CFI).
  • The Chairman of the UPSC is not eligible to work in any state or central government offices after his retirement.
  • The members, they are only eligible to work as Chairman in State Service Commission and UPSC.
  • Once the member or Chairman completes his term, they are not eligible for reappointment.

Functions:

  • Conducts exams for the All-India services central services and public services of the centrally and ministered territories.
  • Assists the States in framing and operating schemes of joint recruitment for any services requiring special qualifications.
  • Serves the interests of the State on the request of the State Governor and with the approval of the President of India.
  • Consulted on matters, some of which may be identified as:
  • Claim for reimbursement of legal express incurred by a civil servant in defending proceeding instituted against him.
  • Matters of temporary appointments for period exceeding one year and on regularization of appointments.
  • Matters related to personnel management etc.

UPSC makes recommendations

which are only of advisory nature. So they are not binding on the government. The only safeguard is the answerability of the Government to the Parliament for departing from the recommendation of the commission.

Limitations:

UPSC is not consulted for following matters:

  • While making reservations of appointments or posts in favor of any backward class of citizens.
  • Regarding the chairmanship or membership of commissions or tribunals.
  • Posts of highest diplomatic nature.
  • Bulk of group C and group D services.
  • Regarding the selection of temporary or officiating appointment to a post for more than a year.

The President can exclude posts, services, and matters from the purview of UPSC. The Constitution states that the President in respect to all India services and central services and posts may make regulations specifying the matters in which, it is not necessary to consult the UPSC.

But all the regulations made by the President are put forth the both houses for approval.

Exams conducted by UPSC

The UPSC is authorised to conduct the Civil Services Examination, Engineering Services Examination, Combined Defence Services Examination, National Defense Academy Examination, Naval Academy Examination, Combined Medical Services Examination, Special Class Railway Apprentice, Indian Economic Service/Indian Statistical Service Examination, Geologists' Examination, and Central Armed Police Forces(Assistant Commandant) Examination.

Highlights

  • UPSC is amongst the few institutions which function with both autonomy and freedom along with the country’s higher judiciary and lately the Election Commission.
  • The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India.
  • The terms and conditions of service of Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969.
  • As of 15 January 2015, the Commission consists of a Chairman and 8 members.
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