Union Public Service Commission: Composition, Powers and Functions

Introduction

The Union Public Service Commission (UPSC) is a constitutional body responsible for conducting examinations and advising the Union Government on recruitment to public services. It helps ensure fairness and merit in the selection of candidates for government positions. Articles 315 to 323 of the Indian Constitution provide the framework for its composition, powers, functions and independence.

Meaning and Definition of the Union Public Service Commission

The Union Public Service Commission is an independent constitutional body established under Article 315 of the Indian Constitution. Its primary role is to conduct examinations for recruitment to Union services and advise the government on specified matters relating to recruitment, appointments, promotions and disciplinary proceedings.

The UPSC acts mainly as an advisory body. Its recommendations are generally not binding on the government unless a law provides otherwise.

Composition and Appointment of Members

Appointment of the Chairman and Members

Under Articles 315 and 316:

• The UPSC consists of a Chairman and other members.
• The President of India appoints the Chairman and members.
• The Constitution does not prescribe a fixed number of members. The President determines the number of members, subject to the applicable constitutional provisions and regulations.

Appointment of an Acting Chairman

Under Article 316(1A), the President may appoint one of the members of the Commission as its Acting Chairman when:

• The office of the Chairman becomes vacant; or
• The Chairman is unable to perform the duties of the office because of absence or another reason.

The Acting Chairman continues in that role until the regular Chairman resumes duties or a newly appointed Chairman takes charge, as applicable.

Tenure and Resignation

Under Article 316(2):

• The Chairman and members hold office for six years from the date they enter office or until they attain the prescribed age limit, whichever occurs earlier.
• For the UPSC, the maximum age is 65 years.
• A member may resign by writing to the President.

A person who has completed the term cannot be reappointed as a member of the same Commission.

Removal of the Chairman or a Member

Article 317 provides constitutional safeguards governing the removal of the Chairman and members of the UPSC.

Removal for Misbehaviour

The President may remove the Chairman or a member on the ground of misbehaviour only after the Supreme Court conducts an inquiry and reports that the person should be removed.

During the inquiry, the President may suspend the person concerned.

Misbehaviour may include conduct such as improperly favouring a candidate during a recruitment process. However, a mistake or lapse in conduct does not automatically amount to constitutional misbehaviour. The nature and seriousness of the conduct must be examined.

Other Grounds for Removal

The President may also remove a Chairman or member under Article 317 on specified grounds, including:

• Being declared insolvent (legally unable to pay debts).
• Engaging in paid employment outside the duties of the office during the term.
• Being, in the President's opinion, unfit to continue in office because of infirmity of mind or body.

Article 317 also contains provisions concerning conflicts of interest, including participation in certain contracts with the Government of India.

Constitutional Safeguards and Independence of the UPSC

The Constitution provides safeguards to protect the Commission from improper influence by the government.

Restrictions on Further Employment

Article 319 places restrictions on further government employment after a person leaves office.

• The Chairman of the UPSC is not eligible for further employment under the Government of India or the government of any State.
• A member other than the Chairman of the UPSC is eligible to become the Chairman of the UPSC or the Chairman of a State Public Service Commission, but not for other government employment covered by Article 319.

These restrictions help protect the impartiality of the Commission.

Financial Independence

Under Article 322, the expenses of the UPSC, including salaries, allowances and pensions payable to or in respect of its members and staff, are charged on the Consolidated Fund of India.

This means that these expenses do not require a separate annual vote in Parliament. The arrangement helps protect the Commission from financial pressure, although Parliament retains its constitutional powers over public finances.

Annual Report

Under Article 323, the UPSC submits an annual report to the President. The President places the report before Parliament, together with a memorandum explaining cases in which the Commission's advice was not accepted and the reasons for non-acceptance.

This requirement promotes transparency and accountability.

Functions of the Union Public Service Commission

Article 320 sets out the principal functions of the UPSC.

Conducting Examinations

Under Article 320(1), the UPSC conducts examinations for appointments to the services of the Union.

These include examinations for recruitment to various civil services and other posts covered by the relevant recruitment rules.

The selection process may include written examinations, interviews or other prescribed assessments. The method depends on the applicable recruitment rules.

Advising on Recruitment Methods

The Commission advises the government on the methods to be followed for recruitment to civil services and posts.

This helps the government establish fair and suitable procedures for selecting candidates.

Advising on Appointments, Promotions and Transfers

The UPSC is consulted on specified matters relating to:

• Appointments to civil services and posts.
• Principles to be followed in making appointments and promotions.
• Transfers from one service to another.
• The suitability of candidates for promotion or transfer.

The precise scope of consultation depends on the Constitution, applicable laws and recruitment rules.

Advising on Disciplinary Matters

The Commission is consulted on certain disciplinary matters affecting civil servants, including matters relating to disciplinary proceedings and appeals, where the constitutional provisions and applicable rules require consultation.

Advising on Claims and Other Matters

The UPSC may also be consulted on claims relating to legal expenses incurred by civil servants in defending proceedings connected with their official duties and claims for injury pensions or compensation in specified circumstances.

Parliament may extend the functions of the Commission under Article 321.

Exceptions to Consultation

Article 320 does not make consultation mandatory in every recruitment or service matter. The Constitution permits regulations specifying matters in which consultation is not necessary.

The relevant constitutional provisions and applicable rules must therefore be examined before deciding whether consultation with the UPSC is required in a particular case.

Whether Consultation with the UPSC Is Mandatory

The words used in Article 320 must be understood along with the constitutional scheme.

Although Article 320 specifies matters on which the Commission is to be consulted, consultation is generally treated as directory (a requirement that should be followed but whose breach does not automatically invalidate the action), rather than mandatory in the sense that every action taken without consultation becomes void.

However, this does not allow the government to disregard binding statutory recruitment rules or other legal requirements. The validity of a particular appointment or government action depends on the applicable law and the facts of the case.

Important Case Law

In Re: Ram Ashray Yadav, Chairman, Bihar Public Service Commission (2000)

Citation: AIR 2000 SC 1448; (2000) 4 SCC 309

The Supreme Court considered allegations of misbehaviour against the Chairman of the Bihar Public Service Commission.

The Court concluded that the charge of misbehaviour had not been established, although there had been lapses in conduct and the Chairman had not always displayed the exemplary behaviour expected of the office.

Principle: Not every lapse in conduct amounts to misbehaviour under Article 317. Removal on this ground requires conduct that meets the constitutional standard of misbehaviour.

Jatinder Kumar v. State of Punjab (1985)

Citation: (1985) 1 SCC 122

The Supreme Court held that consultation with the Public Service Commission under Article 320(3) is not mandatory in the sense that the absence of consultation automatically makes the government's action void.

Principle: Failure to consult the Commission does not, by itself, necessarily invalidate government action. The relevant constitutional provisions, laws and recruitment rules must also be considered.

State of Uttar Pradesh v. Manbodhan Lal Srivastava (1957)

The Supreme Court held that the consultation requirement under Article 320(3)(c), relating to disciplinary matters, is generally directory and that failure to consult the Commission does not by itself invalidate the government's decision.

Principle: Article 320(3) does not ordinarily give a civil servant a right to have a government decision declared invalid solely because the Commission was not consulted.

Distinction Between the UPSC and the Government's Appointing Authority

The UPSC conducts recruitment examinations and makes recommendations or provides advice within its constitutional role. It does not ordinarily make the final appointment itself.

The competent government authority makes appointments in accordance with the applicable recruitment rules and other legal requirements.

For example, after a recruitment examination, the UPSC may recommend candidates based on their performance and eligibility. The competent authority then completes the appointment process in accordance with the relevant rules.

Practical Example

Suppose the UPSC conducts a civil services examination and recommends candidates for appointment to a particular service.

The competent government authority must make appointments according to the applicable service and recruitment rules. The UPSC's role is to conduct the selection process and perform its prescribed advisory functions; it does not independently appoint candidates to government posts.

If a question arises about an appointment made without consulting the UPSC, the answer depends on whether consultation was legally required and whether any applicable statutory rule was violated. The absence of consultation does not automatically make every appointment invalid.

Summary

• The UPSC is a constitutional body established under Article 315 of the Indian Constitution.
• The President appoints its Chairman and members under Article 316.
• Members hold office for six years or until attaining 65 years of age, whichever occurs earlier.
• Article 317 provides safeguards and grounds for removal, including removal for misbehaviour after an inquiry by the Supreme Court.
• Article 319 restricts further government employment after leaving office.
• Article 322 protects financial independence by charging the Commission's expenses on the Consolidated Fund of India.
• Article 320 covers examinations, recruitment methods, appointments, promotions, transfers and specified disciplinary matters.
• Article 323 requires the UPSC to submit an annual report to the President.
• Consultation with the UPSC is generally directory, but applicable statutory recruitment rules and other binding legal requirements must still be followed.
• The UPSC recommends candidates and advises the government; the competent authority ordinarily makes the final appointment.