Saturday, May 19, 2012

UNION PUBLIC SERVICE COMMISSION -India


Article 315(1)  of the Constitution lays down that “there shall be a-Public  Service Commission
for the Union and a Public Service Commission for each State.”
 
Composition :
The Constitution  has  not fixed the number of members of the Union Public
Service Commission, and has left the matter to the President (which means the Government).
The members of the Commission  are appointed by the  President.  The President  determines the
salary and other conditions of service of the members of the UPSC through regulations. The
entire expenses of the UPSC are charged on the  Consolidated Fund of India.  At least half of the
members should be persons with a minimum often years’ experience in Government service.

Tenure  : The tenure of office of a member of the UPSC is fixed for six years or until the
attainment of 65 years of age, whichever is earlier. A member of the UPSC may  resign from
office by writing addressed to the President.

Removal : A  member can be removed from office only by an order of the President on the
ground of insolvency, infirmity of mind or body, or engagement in  paid employment outside the
duties of his office.  He may  also  be  removed  on  the ground  of misbehaviour, if, following a
reference to and inquiry by the Supreme Court, the Court has upheld the cause of removal. The
Constitution provides that any concern or interest in any contract or agreement made by the
Government of India, or participation in any way in the profits thereof will be sufficient proof of 
misbehaviour.

Provisions  for Securing Independence of the Commission
1. The Chairman or a member of the UPSC can be removed from office only in the manner
and for grounds specified in the Constitution.
2. The conditions of service of members of the Commission are determined by the
President, but these cannot be varied to the disadvantage of the members during their
term of office.
3. All the expenses of the Commission, including the salaries of members, are charged on
the Consolidated Fund of India. This means that they are not required to be submitted to
the vote of Parliament.

4. The Constitution provides that upon ceasing to be member in due time, the incumbent
will be ineligible for any further appointment in the same office  or  in  any office  under
the Government except a higher appointment in the same Commission.
5. The Commission has its own staff for carrying out its functions. Its  senior staff includes
a Secretary, a Controller of Examinations, a loint Secretary, 18 Deputy Secretaries, an
Officer on Special  Duty, a Director (Data Processing), 41 Under  Secretaries  and one 
Finance and Accounts Officer.

Functions of the UPSC
1. To advise the Government on all matters relating to the method of recruitment and
principles to be followed in making appointment to civil services either directly or by
promotion.
2. To conduct examinations for appointments  to the All-India  and Central services like the
combined examination for IFS, IAS, IPS, other allied and Central services; the
Engineering Services Examination; the Indian Economic Service  Examination; the Joint
Services Wing Examination; and the Ministerial Services Examination.
3. To interview candidates for direct recruitment.
4. To advise the Government on the suitability of candidates for promotion  and  transfer. 
Recommendations for such promotions are made by the  department concerned and the
Commission is requested to ratify them.
5. The Commission is also consulted on matters like temporary  appointments for periods
exceeding one year but not exceeding three years, grant of extension  of service, and re-
employment of certain retired servants.
6. To advise the Government on disciplinary matters affecting civil servants.
7. The Commission is also consulted on matters like regularisation of appointments, claims
for the award of pension, claims for reimbursement of legal expenses incurred by
Government servants in  defending  legal  proceedings instituted against them in respect
of acts done in the execution of their official duties, claims for pension or compensation 
in respect of injuries sustained while on duty.
8. To advise the Government on any other matter specifically referred to it by the President.
The Constitution also provides for an extension of the functions of the Commission if
Parliament passes a law to that effect. The Constitution requires the Commission to
submit to the President an  annual report on the work done by it during the year. The
report, accompanied by a memorandum explaining the action  taken by  the Government
on  the recommendations of the Commission, is to be placed before the  Parliament. The
memorandum  should explain the reason for the non-acceptance of the recommendations
of the Commission by  the Government, if there are such cases.


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