Essay on Constitution of the Union Public Service Commission

ADVERTISEMENTS:

Article 315 makes it obligatory for the Union to Constitute a Public Service Commission. It is presided over by a Chairman who is designated as the Chairman, Union Public Service Commission.

The Chairman and the members of the Commission are appointed by the President. They hold office for a period of six years from the date they join duty or until they attain the age of 65 years, whichever is earlier.

It is provided that, at least one-half of the members of the Commission should be persons with a minimum of ten years’ experience in Government service.

ADVERTISEMENTS:

This is intended to ensure always the presence of men of experience in civil service on the Commission so that it may function as an expert body. The number of members on the Commission is determined by the President by regulations. At present there are eight members on the Commission.

A member of the Commission is ineligible for the same appointment for a second term. His further employment elsewhere also is severely restricted. The Chairman of the Union Public Service Commission is ineligible for further employment either under the Government of India or under the Government of a State.

A member other than the Chairman is eligible to become either the Chairman of the U.P.S.C. or the Chairman of a State Public Service Commission. But for these two offices he is ineligible for appointment to any post under the Union Government or any State Government in India.

The President is empowered to determine by regulations the salary and other conditions of service of the members of the Commission. He may also make regulations with respect to the strength of the staff of the Commission and their conditions of service.

ADVERTISEMENTS:

It is provided that the conditions of service of a member of the Commission cannot be varied to his disadvantage after his appointment. The Chairman and members of the Commission are paid Rs. 9,000 and 8,000 per month respectively as salary.

These amounts compare favourably with the salaries of comparable positions at the highest level in the Government. The entire expenses of the Commission, including the salaries and allowances of its members, are charged to the Consolidated Fund of India.

A member of the Union Public Service Commission can be removed from office only by an order of the President on the ground of misbehaviour. The Constitution prescribes a procedure to prove such misbehaviour.

According to this, the matter will be referred to the Supreme Court by the President and the Court will conduct an enquiry in accordance with the procedure prescribed under Article 145 of the Constitution and will submit a report to the President.

ADVERTISEMENTS:

Pending the inquiry by the Supreme Court, the President may suspend the member concerned. The President is empowered to remove by order a member of the Commission also on the following grounds:-

(1) if he is adjudged an insolvent; or (2) if he engages during his term of office in any paid employment outside the duties of his office; or (3) if he is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or (4) if he becomes in any way concerned in any contract or agreement made by or on behalf of the Government of India or a State Government or in any way participate in its profit or benefits except as an ordinary member of an incorporated company.

All these provisions are intended to make the Commission an independent and impartial body to discharge its responsibilities in an efficient manner.

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