Question

Consider the following statements regarding the removal of UPSC members:

1. The President can remove a UPSC member for misbehaviour only after an inquiry by the Supreme Court.

2. Misbehaviour includes engaging in paid employment outside the duties of the office during the term.

3. The President can suspend a UPSC member during an inquiry for misbehavior.
   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:

D. All of the above

Removal of UPSC Members

• The President can remove the Chairman or any other member of the Union Public Service Commission (UPSC) from office on various grounds as specified in the Constitution.
• One of the primary grounds for removal is 'misbehaviour'. However, for misbehaviour, the President must refer the matter to the Supreme Court for an inquiry.

• The Supreme Court conducts an inquiry, and if it recommends removal, the President is bound by this recommendation. This provision ensures the independence of the UPSC members from executive influence.

• During the period of inquiry by the Supreme Court, the President has the power to suspend the Chairman or any other member of the UPSC. This ensures that the member does not continue in office while serious allegations are being investigated.
• The term 'misbehaviour' is explicitly defined in Article 317(3) of the Indian Constitution. It includes two specific scenarios:
  • If the member becomes interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State.
  • If the member engages in any paid employment outside the duties of his office during his term.
• Other grounds for removal by the President (without Supreme Court inquiry) include:
  • If the member is adjudicated as an insolvent.
  • If the member engages during his term of office in any paid employment outside the duties of his office.
  • If the member is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
• The provisions related to the Public Service Commissions (UPSC and SPSC) are primarily covered in Part XIV of the Indian Constitution, specifically from Article 315 to Article 323.
• The conditions of service of the Chairman and other members of a Public Service Commission are determined by the President in the case of UPSC.