Public Service Commissions

Constitutional Provisions

▸ The provisions related to Public Service Commissions for the Union and for the State are contained in Part XIV from Articles 315 to 323. According to Article 315, there shall be a Public Service Commission for the Union and a Public Service Commission for each state also, two or more states may agree that there shall be one Public Service Commission for that group of states and if a resolution to that effect is passed by the House or where there are two Houses, by each House of the Legislature of each of those states, Parliament may by law provide for the appointment of a Joint State Public Service Commission to serve the needs of those states.

Appointment and Term of Office of Members

▸ The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President and in the case of a State Commission, by the Governor of the state under Article 316 (1).
▸ One half of the members of every Public Service Commission shall be persons who have held office for at least 10 years either under the Government of India or under the Government of a State.
▸ A member of a Public Service Commission shall hold office for a term of 6 years from the date on which he/she enters upon his/her office or until he attains, in the case of the Union Commission, the age of 65 years and in the case of a State Commission or a Joint Commission, the age of 62 years, whichever is earlier.
▸ A person who holds office as a member of a Public Service Commission shall, on the expiration of his/her term of office, be ineligible for re-appointment to that office.

Removal and Suspension of Chairman and Members

▸ The Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has on inquiry, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed under Article 317 (1).
▸ The President may by order remove from office the Chairman or any other member of a Public Service Commission, if the Chairman or such other member, as the case may be — is adjudged an insolvent, or
— engages during his term of office in any paid employment outside the duties of his office, or
— is in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
▸ If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State he/she shall be deemed to be guilty of misbehaviour.

Independence of Public Service Commission (Article 319)

▸ The Chairman of the Union Public Service Commission shall be 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 shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission 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 other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a 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 other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or 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.
▸ The entire expenses including the salaries, allowances and pensions of the members of Public Service Commissions are not subject to vote of either Parliament or State Legislature as the case may be.

Functions of Public Service Commission (Article 320)

▸ To conduct examinations for appointments to the services of the union and the services of the state by Union and State Public Service Commissions respectively.
▸ To advise on any matter so referred to them and on any other matter referred to by the President or Governor as the case may be.
▸ To perform any additional functions with respect to the services of the union or the states or any local authority constituted by law. Such functions may be provided in a law passed by Parliament or the State Legislature.
▸ To present an annual report to the President or the Governor on the work done by the Commission. (Article 323).
▸ If requested by two or more states, it shall be the duty of the Commission (UPSC) to assist them in framing and operating schemes of joint recruitment to any services requiring possession of special qualifications.
▸ The UPSC if requested to do so by the Governor of a State, may with the approval of the President agree to serve, all or any needs of the state.
▸ The Union Public Service Commission or the State Public Service Commission as the case shall be consulted on the following matters under Article 320 (3).
— On all matters relating to methods of recruitment to civil services and for civil posts.
— On the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers.
— On all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity.
— On Claim for legal costs incurred by a person serving in a civil capacity under the Government of India or government, state for any legal proceeding instituted against him in respect of an act done by him/her while discharging his duties; whether such cost should be funded out of the Consolidated Fund of India or the Consolidated Fund of the State.
▸ On any claim of pension in respect of injuries sustained by a person while serving the Government of India or Government of a State.
Articles Related to Public Service Commissions

Article No Subject-matter Article 315 Public Service Commission 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 regulation as to conditions of service of members and staff of the Commission Article 319 Prohibition as to the holding of office by members of 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

UPSC vs CVC
The establishment and emergence of Central Vigilance Commission (CVC) in 1964 on the recommendation of Santhanam Committee affected the role of UPSC in disciplinary matters. This is because both are consulted by the government while taking disciplinary action against a civil servant. The problem arises when the two bodies tender conflicting advise. However, the UPSC, being an independent constitutional body has an edge over the CVC, which conferred a statutory status in October 2003.