Union Public Service Commission

3. Union Public Service Commission
UPSC is an independent constitutional body and is the central recruiting agency in India authorized to conduct examinations for appointment to the various civil services of the Union. Articles 315 to 323 in Part XIV of the Constitution contains elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC.

A Brief History
Indianization of the superior Civil Services became one of the major demands of the political movement compelling the British Indian Government to consider setting up of a Public Service Commission for recruitment to its services in the territory. The first Public Service Commission was set up on October 1st, 1926. However, its limited advisory functions failed to satisfy the people’s aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of the Federal Public Service Commission under the Government of India Act 1935. Under this Act, for the first time, provision was also made for the formation of Public Service Commissions at the provincial level.

The Constituent Assembly, after independence, saw the need for giving a secure and autonomous status to Public Service Commissions both at Federal and Provincial levels for ensuring unbiased recruitment to Civil Services as also for protection of service interests.

With the promulgation of the new Constitution for independent India on 26th January, 1950, the Federal Public Service Commission was accorded a constitutional status as an autonomous entity and given the title – Union Public Service Commission (UPSC).

Composition
UPSC has been established under Article 315 of the Constitution of India. The Commission consists of a Chairman and ten Members appointed by the President of India. The Constitution, without specifying the strength of the commission has left the matter to the discretion of the President.

Further, no qualifications are prescribed for the Commission’s membership except that one-half of the members should be such persons who have held office for at least 10 years either under the Government of India or under the government of a state.

The Constitution has authorized the President to determine the conditions of service of the Chairman and other Members of the Commission. Accordingly, the terms and conditions of service of Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969.

The Commission is serviced by a Secretariat headed by a Secretary. The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the

Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

The Chairman and Members of the Commission hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier. However, they can relinquish their offices at any time by addressing their resignations to the President. The President can appoint one of the members of the UPSC as an acting chairman in the following circumstances when the office of the chairman falls vacant or when the chairman is unable to perform his functions due to absence or some other reason

Removal of Chairman or a member
The President can remove the chairman or any other member of UPSC from the office under the following circumstances     
a) If he is adjudged an insolvent
b) If he engages, during the term of his office, in any paid employment outside the duties of his office
c) If he is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body
The President can also remove the chairman or any other member of the commission for misbehaviour. However, in this case, the President has to refer the matter to the SC for an enquiry. If the SC after the enquiry upholds the cause of removal and advises so, the President can remove the chairman or the member. The advice so tendered by the SC is binding on the President. Here the term ‘misbehaviour’ refers to- interest in any contract or agreement made by the Government of India or the government of a state or participation in any way in the profit of such contract or agreement or in any other benefit

Independence of UPSC
The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the UPSC     
1. The chairman or a member of the UPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. Thus, they enjoy security of tenure.
2. The conditions of service of the chairman or a member, though determined by the President, cannot be varied to his disadvantage after his appointment.
3. The entire expenses including the salaries, allowances and pensions of the Chairman and members of the UPSC are charged on the Consolidated Fund of India and are not subject to the vote of Parliament.
4. The chairman of the UPSC on ceasing to hold office is not eligible for further employment in the Government of India or any state
5. A member of the UPSC is eligible for appointment as the Chairman of UPSC or a State Public Service Commission but not for any other employment in the Government of India or any state
6. The chairman or a member of UPSC is not eligible for reappointment to that office for a second term


Functions of UPSC
The Union Public Service Commission has been entrusted with the following duties and role under the Constitution     
1. Recruitment to services & posts under the Union through conduct of competitive examinations;
2. Recruitment to services & posts under the Central Government by selection through interviews;
3. Advising on the suitability of officers for appointment on promotion as well as transfer-on-deputation;
4. Advising the government on all matters relating to methods of recruitment to various services and posts;

5. Disciplinary cases relating to different civil services; and
6. Miscellaneous matters relating to grant of extra ordinary pensions, reimbursement of legal expenses etc.
Recruitment Rules and Disciplinary Matters
In accordance with Article 320 of the Constitution, Recruitment Rules of all Group ‘A’ and Group ‘B" posts in various Ministries/Departments of Government of India are required to be framed in Consultation with the Commission. Consultation with the Commission is also necessary for framing/amending Recruitment Rules for certain categories of posts under the Employees State Insurance Corporation, The Delhi Municipal Corporation, The New Delhi Municipal Council, Employees Provident Fund Organisation etc. under the relevant Acts made by Parliament in pursuance of the provisions of Article 321.
Under Article 320(3) of the Constitution the Commission are required to be consulted on the quantum of penalties in disciplinary cases affecting a person serving under the Government of India in a civil capacity.

UPSC and CVC
Since the emergence of CVC, the role of UPSC in disciplinary matters has been affected. Both are consulted by the government while taking disciplinary action against a civil servant. Here, UPSC being an independent body has an edge over CVC which got statutory status in 2003. Recently, in order to ensure speedy finalisation of disciplinary matters and to avoid possibilities of difference of opinion between UPSC and CVC, it has been decided as a policy to prescribe only one consultation- either with CVC or UPSC. However, in disciplinary cases wherein UPSC is not required to be consulted, the consultation with CVC would continue to be made.

Extension of Functions to Local Bodies
Article 321 also empowers the Parliament to extend the functions of the Public Service Commission to any local authority or other body corporate constituted by Law or by any public institutions.

Binding nature of the advice of the Commission
A convention (not mandated by the Constitution) has been established by the Government of India, that in the following classes of the cases referred to the Commission, the recommendations made by them shall be accepted, save in exceptional circumstances.
a. Quasi-judicial cases.
b. Selection for appointments of candidates.
c. Appointment of a candidate on a higher initial pay than that of a minimum pay of the posts.
d. Claims of expenditure incurred by the Government servants in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty.

Exemptions     
In order to exempt some posts which for reasons of National Security or some other reasons may not be required to be referred to the Commission for their advice, the Union Public Service Commission (Exemption from Consultations) Regulations were issued on September 1, 1958, under Article 320(3)(a) and (b) of the Constitution. These Regulations are amended or revised as and when the need arises. The following matters are kept outside the purview of UPSC     
a) While making reservations of appointments or posts in favour of any backward class of citizens
b) While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts

c) With regard to the selections for chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of group C and group D services
d) With regard to the selection for temporary appointments for not more than a year


The President can exclude posts, services and matters from the purview of the UPSC. The President can also, in respect to the all-India services and Central services and posts may make regulations specifying the matters in which it shall not be necessary for UPSC to be consulted. All such regulations shall be laid before the Parliament which can amend or repeal them.

Mechanisation - Project Sampera
The Commission have recently undertaken a project called "SAMPERA" (Screening and Mechanised Processing of Examination and Recruitment Applications). A simplified single sheet common application form for all the examinations has been devised which will be scanned by using OMR/ICR technology. The implementation of this project will mainly help in high speed scanning of data from forms eliminating manual entry. Other benefits will be accurate and faster generation of Admit Cards, Attendance lists with photo replica and signature facsimile of each candidate, and Error-free list of doubtful cases. The main aim of this project is to cope with the increasing volume of applications through innovations and mechanised handling so as to reduce the processing time and send communications faster to minimised errors. The cases of impersonation/malpractices will also be eliminated and wasteful expenditure will be reduced.

Suggestions for rejuvenating UPSC
1. To serve as a Think-tank on personnel issues       It should go beyond the recruitment role to answer evolving issues relating to civil services and their role in a rapidly changing society.
2. Association of Research Institutes and Universities in the functioning of UPSC       Services are often out of touch with new developments in technology and knowledge. UPSC should liaison with such institutions to conduct regular specially designed courses for administration
3. Need of Decentralisation on the pattern of US       The increase in work of the commission has been manifold, it currently handles more than 14 lakh applications and scrutinises and advises in regard to 650 Recruitment Rules of different services/posts. There is a need of decentralization to effectively align with this increase in workload
4. Keep in sync with changing times       UPSC so far has worked with remarkable competence, impartiality and integrity. However a new world based on openness, accountability and delivery has emerged. UPSC needs to be in sync with these changes

4. National Commission for Scheduled Castes and Scheduled Tribes
The National Commission for SCs is a constitutional body in the sense that it is directly established by Article 338. Originally, Article 338 of the Constitution provided for the appointment of a Special Officer for SCs and STs to investigate all matters relating to the constitutional safeguards for the SCs and STs and to report to the President on their working. He was designated as the Commissioner for SCs and STs and assigned the said duty.

Chronology of major changes
      1978       Govt. set up a non-statutory, multi-member commission for SCs and STs through an executive resolution, the Office of the Commissioner for SCs and STs also continued to exist.
      1987       Govt. modified the functions of the commission and renamed it as National Commission for SCs and STs.

      1990       65th Constitutional Amendment provides for the establishment of a high-level multi-member National Commission for SCs and STs in place of the single Special Officer for SCs and STs.
      2003       89th Constitutional Amendment bifurcated the combined National Commission for SCs and STs into 2 separate bodies, namely the National Commission for SCs (under Article 338) and the National Commission for STs (under Article 338A)

National Commission for SCs     
It came into existence in 2004 and consists of a chairperson, a vice-chairperson and three other members. They are appointed by the President by a warrant under his hand seal and their conditions of service and tenure of office are also determined by the President

Functions and Duties of the Commission     
1. To investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law and to evaluate the working of such safeguards.
2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes.
3. To participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
4. To present to the President, annually and at such other times as the commission may deem fit, reports upon the working of those safeguards;
5. To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes; and
6. To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may specify.
7. The Commission, while investigating any matter, has all the powers of a civil court trying a suit and in particular in respect of the following matters.
      Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
      Requiring the discovery and production of any documents;
      Receiving evidence on affidavits;
      Requisitioning any public record or copy thereof from any court or office;
      Issuing commissions for the examination of witnesses and documents;
      Any other matter which the President may by rule, determine;
   
Scheduled Castes


Report of the Commission
The commission presents an annual report to the president. It can also submit a report as and when it thinks necessary. The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission. The memorandum should also contain the reasons for the non-acceptance of any such recommendations. The President also forwards any report of the Commission pertaining to a state government to the state governor. The governor then places it before the state legislature.