Public Service Commissions

Constitutional Status

• The Public Service Commissions (PSCs) are Constitutional Bodies established under Part XIV (Services under the Union and the States) of the Constitution.
• They ensure merit-based, impartial and transparent recruitment to the Civil Services and Civil Posts under the Union and the States.
• Constitutional Provisions relating to PSCs are contained in Articles 315–323.

Types of Public Service Commissions

The Constitution provides for three types of Public Service Commissions:

1. Union Public Service Commission (UPSC)

• Conducts recruitment for Central Civil Services and Central Civil Posts.
• Established under Article 315.

2. State Public Service Commission (SPSC)

• Every State has its own State Public Service Commission.
• Conducts recruitment for State Civil Services and State Government Posts.

3. Joint State Public Service Commission (JSPSC)

• A Joint PSC may be created for two or more States.
• It is established by Parliament on the request of the concerned State Legislatures.

Constitutional Provisions

Composition of PSC

Each Commission consists of:

• Chairperson
• Such number of Members as determined by:
  
  • President (UPSC & Joint PSC)
  • Governor (State PSC)

Appointment of Members of PSC

UPSC & Joint PSC

• Appointed by: President of India

State PSC

• Appointed by: Governor of the State

Qualification of Members

The Constitution prescribes no specific educational qualification.

However, under Article 316, at least one-half of the members should have held office for at least 10 years under:

• • Government of India, or
  • Government of a State.

This ensures adequate administrative experience within the Commission.

Tenure of PSC Members

Members hold office for:

• • Six years, or
  • Until attaining the prescribed age,

Whichever is earlier.

Retirement Age

Resignation

A member may resign by writing to:

• President (UPSC & Joint PSC)
• Governor (State PSC)

Removal of Members of PSC (Art. 317)

Authority

Only the President of India can remove the Chairman or Members of:

• • UPSC
  • State PSC
  • Joint PSC

Important: Even in the case of a State PSC, the Governor has no power to remove a member.

Removal on the Ground of Misbehaviour

If removal is proposed for Misbehaviour:

1. 1. The President refers the matter to the Supreme Court.
   2. The Supreme Court conducts an inquiry.
   3. If the Court recommends removal, the President removes the member.

During the inquiry, the President may suspend the member.

Removal Without Supreme Court Inquiry

The President may remove a member directly if he/she:

• Is declared an Insolvent.
• Engages in Paid Employment outside official duties.
• Becomes Physically or Mentally Incapable of performing duties.

Conditions of Service (Art. 318)

• Conditions of service are determined by:
  
  • President (UPSC & Joint PSC)
  • Governor (State PSC)
• Conditions cannot be varied to the disadvantage of a member after appointment.

Salaries & Expenses (Art. 322)

• Expenses of the UPSC are charged upon the Consolidated Fund of India.
• Expenses of a State PSC are charged upon the Consolidated Fund of the State.

Exam Note: Since these expenses are Charged Expenditure, they are not subject to voting in the Legislature, thereby ensuring the independence of the Commission.

Restrictions on Future Employment (Art. 319)

Chairman of UPSC

After retirement:

• Not eligible for any further employment under:
  
  • Government of India
  • Any State Government

Member of UPSC

Eligible for appointment as:

• • Chairman of UPSC, or
  • Chairman of a State PSC

Not eligible for any other Government employment.

Chairman of State PSC

Eligible for appointment as:

• • Chairman or Member of UPSC
  • Chairman of another State PSC

Not eligible for any other Government employment.

Member of State PSC

Eligible for appointment as:

• • Chairman of the same State PSC
  • Chairman or Member of UPSC
  • Chairman of another State PSC

Not eligible for any other Government employment.

Functions of Public Service Commissions (Art. 320)

Recruitment

• Conduct examinations for recruitment to:
  
  • Union Services (UPSC)
  • State Services (State PSC)

Selection

Advise the Government regarding:

• Recruitment methods
• Direct recruitment
• Promotions
• Transfers

Service Matters

Advise on:

• Promotions
• Seniority
• Disciplinary matters
• Pension claims
• Compensation claims

Departmental Examinations

Conduct:

• Departmental Promotion Examinations
• Limited Departmental Competitive Examinations

Additional Functions (Art. 321)

Parliament or a State Legislature may assign additional functions to the Commission by law.

Annual Report (Art. 323)

Every year:

UPSC

• • Submits its Annual Report to the President.

The President lays it before Parliament, along with a Memorandum explaining cases where the advice of the Commission was not accepted.

State PSC

• • Submits its report to the Governor.

The Governor lays it before the State Legislature with a similar explanatory memorandum.

Nature of Recommendations

• The recommendations of the PSCs are Advisory.
• The Government is not legally bound to accept them.
• However, if the advice is not accepted, the reasons are required to be explained in the Annual Report placed before the Legislature.

Independence of Public Service Commissions

The Constitution ensures independence through:

• Constitutional Status
• Security of Tenure
• Difficult Removal Procedure
• Fixed Service Conditions
• Charged Expenditure
• Restrictions on Future Employment
• Independent Recruitment Process

UPSC vs State PSC

Important Constitutional Articles