Question

Consider the following statements about the Union Public Service Commission (UPSC):

1. Half of the UPSC members must have held office for at least ten years under the Government of India or a State Government.

2. The UPSC’s recommendations are binding on the Union Government.

3. The President can exclude certain posts and matters from the UPSC’s purview through regulations laid before Parliament.
   Which of the statement(s) given above is/are correct?
   

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

Answer 1

Answer:

B. 1 and 3 only

Union Public Service Commission (UPSC)

• The Union Public Service Commission (UPSC) is a constitutional body in India, established under Article 315 of the Constitution.

• It is the central recruiting agency responsible for appointments to All-India Services and central services.

• The UPSC is often referred to as the 'watch-dog of merit system' in India.

Composition and Tenure of Members

• The UPSC consists of a Chairman and other members appointed by the President of India.

• The Constitution does not specify the exact number of members; it is left to the discretion of the President.

• Article 316(1) mandates that as nearly as one-half of the members of the UPSC must be persons who have held office for at least ten years either under the Government of India or under the Government of a State. This ensures that the Commission benefits from the experience of seasoned administrators.

• Members hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

Functions and Powers of UPSC

• The primary function of UPSC is to conduct examinations for appointments to All India Services, Central Services, and various civil posts.

• It is consulted on matters relating to methods of recruitment to civil services and posts, principles to be followed in making appointments, promotions, and transfers, and disciplinary matters affecting civil servants.

Advisory Nature of Recommendations

• One crucial aspect to remember for competitive exams is that the recommendations made by the UPSC are advisory in nature and not binding on the government.

• While the government usually accepts these recommendations, it is not legally compelled to do so.

• However, if the government decides not to accept a recommendation, it must lay a memorandum explaining the reasons for such non-acceptance before both Houses of Parliament.

Exclusions from UPSC's Purview

• The Constitution provides for certain matters to be excluded from the purview of the UPSC.

• Article 320(3) and Article 321 empower the President to make regulations specifying the matters in which it shall not be necessary for the UPSC to be consulted.

• These regulations must be laid before each House of Parliament as soon as possible after they are made, allowing parliamentary scrutiny.

• For example, the President can specify that certain posts (e.g., highly specialized or sensitive positions) do not require UPSC consultation for appointments.

• Appointments to diplomatic and certain teaching posts, along with selections for certain group C and D posts, are generally kept out of UPSC's direct purview, though this can vary based on specific regulations.