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Union Public Service Commission, Appointment, Role, Independence

Union Public Service Commission

Union Public Service Commission: Article 315 of the Indian Constitution outlines the idea of a public service commission for both the state and the union. Additionally, Article 315(2) states that if two States agree to form a single Public Service Commission, they must do so following the passage of a resolution to that effect.

Union Public Service Commission Overview

On October 1st, 1926, the First Public Service Commission was founded with Sir Ross Barker as its chairman. Additionally, it was only given a limited advisory function, something that the head of the independence movement frequently emphasised. The Government of India Act, 1935 was enacted as a result, creating the Federal Public Service Commission. It was later given constitutional standing under the Indian Constitution on January 26, 1950.

Union Public Service Commission Overview

Particulars  Details
Constitutional Body Union Public Service Commission
Part It is mentioned under Part XIV of the Constitution
Article It is mentioned under Article 315 – 323
Union Public Service Commission Chairman The Current Chairman is Dr. Manoj Soni
Initially Established Under Under Government of India Act 1919 Central Public Service Commission was setup in 1926 and provided with the task of recruiting civil servants. Government of India Act 1935 provided for the establishment of Federal Public Service Commission, Provincial Public Service Commission and Joint Public Service Commission.

Union Public Service Commission Article

UPSC is an independent constitutional body as it has directly been created as per the constitution. It has been mentioned in Part XIV and under Article 315 and 323 containing detailed and elaborated provision regarding the composition, appointment as well as removal of the member of UPSC including their independence, function and power of UPSC. Check the article of UPSC below:

Union Public Service Commission Article

Article Provisions
Article 315 Public Service Commissions for the Union and for the states
Article 316 Appointment and term of office of members
Article 317 Removal and suspension of a member of a Public Service Commission
Article 318 Power to make regulations as to conditions of service of members and staff of the Commission.
Article 319 Prohibition as to the holding of office by members of the commission on ceasing to be such members
Article 320 Functions of Public Service Commissions
Article 321 Power to extend functions of Public Service Commissions
Article 322 Expenses of Public Service Commissions
Article 323 Reports of Public Service Commissions

Function of Union Public Service Commission

The Commission must be consulted on all matters involving the employment of civil servants and positions, as per Article 320 of the Indian Constitution. The Commission’s duties are listed under Article 320 of the Constitution as follows:

  • The creation and modification of recruitment regulations for different services and positions under government.
  • Officers are appointed based on promotions, deputies, or absorptions.
  • Disciplinary matters involving several Civil Services.
  • Direct hiring followed by interview selection.
  • Advising the government on any issue that the commission has been asked to look into by the president of India.

Union Public Service Commission Important Provisions

The other important constitutional provisions in relation to UPSC as Eligibility, Tenure, Appointment and Criteria of Removal of the member of UPSC have been discussed below in the table:

Union Public Service Commission Important Provisions

Particulars Details of the Provision
Appointment, Eligibility and Tenure
  • Article 316 states the appointment and the tenure of the members. For Union or Joint Commission, Article 316(1) states that the Chairman and other members be appointed by the President.
  • Article 316(2) states, a member must be 65 years old to serve in UPSC and must serve for a minimum of six years after being appointed.
Independence of UPSC Member
  • Security of Tenure as they can only be removed as per the provisions of the constitution
  • Their service condition cannot be changed to the disadvantage of UPSC Member.
  • Salary be charged on Consolidated fund of India and can’t be put to vote in Parliament.
  • Member of UPSC can be re-appointed within UPS/SPSC, but bared of other employment.
Removal Criteria for UPSC Member
  • Article 317 states about the removal and suspension of a member of UPSC.
  • Chairman or other member of the UPSC can only be removed by the President on ground of misbehavior after the Supreme Court has conducted an inquiry in accordance with the procedure prescribed in Article 145 after the President has referred the matter to it.
  • Article 317(2) permits the President to suspend the Chairman or member of the UPSC.
Recruitment Rules for UPSC  

According to Article 319 of the Indian Constitution, a member of a committee is prohibited from holding office after ceasing to be a member.



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Union Public Service Commission FAQs

What is the Article 315?

It states about Public Service Commissions for the Union and for the States.

What is Article 315 to 323 of UPSC?

Articles 315 to 323 in Part XIV of the Constitution of India provides for the establishment of Public Service Commission for the Union and a Public Service Commission for each State.

What does Article 323 says?

It states the Report of Public Service Commission.

What is Article 320 of Public Service Commission?

It deals with the functions of Public Service Commissions.

What is the Article 316?

It talks about the Appointment and term of office of members.

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