(Sample Material) IAS Online Coaching : Polity - Public Service Commission

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Subject: Polity

Topic: Public Service Commission

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Union Public Service Commission, State Public Service Commission, Joint Public Service Commission

The Union Public Service Commission (UPSC) is a Constitutional body in India authorized to conduct examinations for appointment to the various civil services of the Union. The Indian Constitution (Part XIV - Services under the Union and the states- Articles. 315-323) provides for a Public Service Commission for the Union and a Public Service Commission for each state. There can be a Commission for two or more states.

The first Public Service Commission was set up in 1926 by the then British Indian Government.

Constitutional Provisions Related to Public Service Commission

Art. 315 says that there shall be Public Service Commissions for the Union and for the States.
The Union Public Service Commission, if requested by the Government of a State may, with the approval of the President, agree to serve all or any of the needs of the State.

Joint Public Service Commission

Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to as Joint Commission) to serve the needs of those States.

Chairman and Members

The Chairman and other members of a Public Service Commission are appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:

As nearly as one-half of the members of every Public Service Commission shall be persons who have held office for at least ten year either under the Government of India or under the Government of a State.

Vacancy and Absence

If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed to the vacant office has entered on the duties or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President in the case of the Union Commission or a Joint Commission, amid the Governor of the State in the case of a State Commission, may appoint for the purpose.

A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until lie attains, in the case of the Union Commission, the age of sixty-five years. and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier.

A member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State resign his office.

A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office.

Removal

Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of mis behaviour after the Supreme Court on reference being made to it by the President had held an inquiry and recommended removal.

Misbehaviour  is : if the Chairman or any other member of a Public Service Commission is interested in any contract related to Government or

 participates in any way in the profit thereof or in any benefit or emolument arising from it otherwise than as a member and in common with the other members of an incorporated company. the member is considered to be guilty of misbehaviour.

Suspension

The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference.

In the following cases, the President may by order remove from office the Chairman or any other member of a Public Service Commission

• is adjudged an insolvent; or
• engages during his term of office in any paid employment outside the duties of his office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

Strength of the Commission

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State fixes

• the number of members of the Commission and
• their conditions of service

Conditions of service of a member of a Public Service Commission can not be varied to his disadvantage after his appointment.

After Retirement, Resignation or Removal

On ceasing to hold office by way of retirement, resignation or removal:

• the Chairman of’ the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State:
• the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State:
• a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission but not for any other employment either under the Government of India or under the Government of a State:
• a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

Functions of Public Service Commissions

 It is the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.

It shall also be the duty of the Union Public Service Commission if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possession special qualifications are required.

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