Public Service Commissions in India

Public Service Commissions in India

Public Service Commissions in India

Constitutional Provision

• The Constitution provides a Public Service Commission for the Union, a Public Service Commission for each State, or a Joint Public Service Commission for a group of States.

Joint Public Service Commission

• A Joint Public Service Commission can be created by Parliament in pursuance of a resolution passed by the State Legislatures concerned.

Union Public Service Commission for States

• The Union Public Service Commission (UPSC) can serve the needs of a State if so requested by the Governor of that State and approved by the President. [Ref. Art. 315]

Appointment and Service Conditions

Authority for Appointment

The appointment, determination of the number of members of the Commission, and their conditions of service are made by:

• The President, in the case of the Union or a Joint Commission, and

• The Governor of the State, in the case of a State Commission.

Service Conditions Protection

• Conditions of service of a member of the Public Service Commission cannot be varied to his disadvantage after his appointment. [Art. 318]

Qualifications of Members

• Half of the members of a Commission should be persons who have held office under the Government of India or of a State for at least 10 years. [Art. 316]

Term and Retirement

• The term of service of a member of a Commission is 6 years from the date of his entering upon office or until the age of retirement, whichever is The age of retirement for a member of UPSC is 65 years.

• Age of retirement for a member of the PSC of a State or a Joint Commission is 62 years.

Termination of Services

Methods of Termination

The services of a member of the Public Service Commission can be terminated by:

• Resignation in writing addressed to the President (to the Governor in the case of a State Commission).

• Removal by the President.

Grounds for Removal by the President

The President can remove a member if he is:

• adjudged insolvent; or

• engages in paid employment outside the duties of his office; or

• infirm in mind or body; or

• found guilty of misbehaviour by the Supreme Court.

Even in the case of a State Commission, only the President can remove a member, while the Governor has only the power to pass an interim order of suspension.

Financial Provisions

The expenses of the Commission are charged on the Consolidated Fund of India or of the State (as the case may be). [Ref. Art. 322]

Disabilities in Future Employment

Disabilities imposed upon the Chairman and members of the Commission for future employment under the government are:

• The Chairman of the UPSC is 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 is eligible for appointment as the Chairman or member of the UPSC 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 of a State Public Service Commission is eligible for appointment as the Chairman of a State Public Service Commission and Chairman or member of UPSC, but not for any other employment either under the Government of India or under the Government of a State.

Advisory Nature of Public Service Commissions

The Public Service Commissions are advisory bodies. The Government can accept its recommendations or depart from them.

Functions of the Public Service Commission

• To conduct examinations for appointments to the services of the Union and States.

• To advise on any matter so referred to them and on any other matter which the President or the Governor of a State may refer to the appropriate Commission. [Art. 320]

• To exercise such additional functions as may be provided for by an act of Parliament or of the Legislature of a State.

Final Thoughts

The Public Service Commissions play a vital role in ensuring merit-based recruitment and fair selection for various government positions. With clear provisions under the Constitution, they maintain independence and transparency in functioning.

The appointment process, service conditions, and removal safeguards ensure that members can discharge their duties without external influence. Their advisory role supports both the Union and State governments in making informed decisions on recruitment and related matters. The financial autonomy provided through the Consolidated Fund strengthens their independence further.

Commissions recommend on recruitment policies, conduct exams, and assist in governance reforms, but remain non-binding in nature.