There is a Public Service Commission for the Union and a
Public Service Commission for each State or a Joint Public Service Commission
for two or more States. They are independent autonomous bodies under the Constitution.
A. Union
Public Service Commission :
i.
The UPSC consists of a Chairman and such other members
as may be decided by the President. The total number of members is not fixed by
the Constitution.
ii.
The Chairman and members are appointed by the
President
iii.
A member of UPSC holds office for six years or until
he/she attains the age of 65 years, whichever is earlier
iv.
A member may resign, by writing under his/her hand
addressed to the President
B. State
Public Service Commission :
i.
Appointments of the Chairman and other members of a
State Public Service Commission are made by the Governor
ii.
The Governor is empowered to determine by regulations
the number of members of the Commission and other service conditions
iii.
A member holds the office for six years or retires at
the age of 62 years, whichever is earlier
iv.
A member may resign, by writing under his/her hand
addressed to the Governor
C. Joint
Public Service Commission :
i.
two or more States may agree to have a Joint Public
Service Commission, provided a resolution to that effect is passed by the
Legislatures of these States.
ii.
In that case, Parliament may by law provide for the
appointment of a Joint Commission
iii.
The Chairman and members of a Joint Commission are
appointed by the President.
iv.
A member holds the office for six years or retires at
the age of 62 years, whichever is earlier
v.
A member may resign, by writing under his/her hand
addressed to the President
v Half of the
members of every Public Service Commission are the officials who ave been in
the services of the Union or a State for at least ten years.
Removal and suspension of a
member (Art. 317)
1) The
Chairman or a member of a Commission can be removed from office only by an
order of the President
2) The
Governor has no power to remove the chairman or a member of the State Public
Service Commission.
3) The
Governor has only the power to pass an interim order of suspension pending the
final order of the President on receipt of the report of the Supreme Court.
4) The
Chairman or a member of UPSC and a Joint Commission may be suspended by the
President only.
5) The
Chairman or a member can be removed also in the following situations :-
i.
Misbehaviour :
a) If the
Chairman or any member is or becomes interested in any contract or agreement on
behalf of the govt or participates in any of the office of profit, then he/she
shall be deemed to be guilty of misbehaviour
b) Then the
Supreme Court, on reference made by the President, hold an enquiry in
accordance with the procedure prescribed under Art. 145 and the report come to
the conclusion that the Chairman or members ought to be removed.
ii.
if he/she is adjudged insolvent
iii.
if he/she engages during his/her term of office, in
paid employment outside the duties of his office
iv.
if he/she is, in the opinion of the President, unfit
to continue in office by reason of infirmity of mind or body
Impartiality of the members of
Public Service Commissions
The Constitution provides the following safeguard to ensure
impartiality of the members of Public Service Commissions :-
1) the Chairman
or a member can be removed only by an order of the President on grounds of
misbehaviour after the Supreme Court has on enquiry reported that the Chairman
or the member concerned ought to be removed
2) the
condition of service of a member shall not be varied to his disadvantages after
his appointment
3) the
expenses of the commissions including salaries, allowance and pensions are
charged on the Consolidated Fund of India or the State, as the case may be
4) the members
are ineligible for appointment either under the Union or the States after
retirement. However,
i.
a member of the UPSC may be appointed as its Chairman
ii.
the Chairman and members of State Public Service
Commission are eligible for appointment as Chairman or members of the UPSC
iii.
the chairman of other State commission or member of a
State Commission are eligible for appointment as its Chairman
Functions of the Public Service
Commission (Art. 320)
1) to conduct
examinations for appointments to the services of the Union or the States
2) to advise
on any matter so referred to them and on any other matter which the President
or the Governor of a State refer to the appropriate Commission
3) to exercise
additional functions provided by an Act of the Parliament or of the Legislature
of a State
4) submit an
annual report to the President or the Governor of the State, as the case may
be, with regard to the work done by it
5) The Union
or the State commissions must be consulted:-
i.
on all matters relating to methods of recruitment to
Civil Services and posts
ii.
on the principles to be followed in making
appointments, promotions and transfers and suitability of candidates for such
appointments, promotions and transfers
iii.
on all disciplinary matters affecting a civil servant
iv.
claims for cost of legal proceedings instituted
against a govt official for action done in his official capacity
v
Nature
of the function of the Public Service Commission -
1. the
commission functions in an advisory capacity
2. their
recommendations are not obligatory on the govt
3. the
Constitution empowers the President and the Governors to reject any of the
recommendations of the Commissions, but such actions have to be justified
before Parliament or the State Legislatures, as the case may be
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