Question

Choose the correct statement(s) regarding the composition and functioning of the Union Public Service Commission (UPSC).

1. At least half of the UPSC members must have held office under the Government of India or a state government for at least ten years.

2. The UPSC is consulted on disciplinary matters and claims for reimbursement of legal expenses incurred by civil servants in official duties.

3. The UPSC’s recommendations are advisory, and the government is not obligated to accept them.

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

Union Public Service Commission (UPSC) - Key Aspects

• The Union Public Service Commission (UPSC) is a premier central recruiting agency in India, established as a constitutional body under Article 315 to 323 of Part XIV of the Indian Constitution. It serves as the 'watch-dog of merit system' in India.

• Composition of UPSC Members

  • The UPSC comprises a Chairman and other members, whose exact number is not fixed by the Constitution but is determined by the President of India. Currently, it usually consists of a Chairman and ten members.
  • A significant constitutional provision (Article 316(1)) states that at least half of the members of the UPSC must be individuals who have held office for a minimum of ten years under the Government of India or the Government of a State. This ensures that the Commission benefits from members with extensive administrative experience.
  • The Chairman and members are appointed by the President of India.

• Term of Office and Removal

  • The Chairman and members hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
  • They can be removed by the President under specific grounds such as insolvency, engaging in paid employment outside official duties, or infirmity of mind/body.
  • For removal on the grounds of misbehaviour, the President must refer the matter to the Supreme Court for inquiry. The advice tendered by the Supreme Court in this regard is binding on the President.
  • The conditions of service of the Chairman and members are determined by the President but cannot be varied to their disadvantage after their appointment, ensuring their independence.

• Functions of UPSC

  • The UPSC conducts examinations for recruitment to the All India Services (IAS, IPS, IFS), Central Services, and public services of the centrally administered territories.
  • It is consulted on a wide range of personnel matters, including:
    • Methods of recruitment to civil services and posts.
    • Principles for making appointments, promotions, and transfers.
    • All disciplinary matters affecting a civil servant, including penalties like withholding increments, promotions, reduction in rank, compulsory retirement, removal, and dismissal.
    • Claims for reimbursement of legal expenses incurred by a civil servant in defending actions taken in the execution of official duties.
    • Claims for the award of pension in respect of injuries sustained by a civil servant while serving the Government.
  • The UPSC also advises the President on any matter referred to it by the President.

• Advisory Nature of Recommendations

  • The recommendations made by the UPSC are purely advisory and not binding on the government. This means the government is not legally obligated to accept them.
  • However, in practice, the government usually accepts these recommendations. If the government decides not to accept a recommendation, it must lay a memorandum before Parliament explaining the reasons for such non-acceptance. This provision ensures transparency and accountability.
  • This advisory role allows the government to maintain its ultimate executive authority and accountability to Parliament, while still leveraging an independent and expert body for fair and merit-based administration.