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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?

A1 and 2 only

B1 and 3 only

C2 and 3 only

DAll of the above

Answer:

D. All of the above

Read Explanation:

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.

Related Questions:

With reference to the role and independence of the CAG, consider the following statements:

i. The CAG is described as the guardian of the public purse and controls the entire financial system of the country at both the Centre and State levels.
ii. The CAG can be removed by the President only on the grounds of proved misbehaviour or incapacity, following a resolution by both Houses of Parliament with a special majority.
iii. The CAG is eligible for further office under the Government of India or any State after ceasing to hold office.
iv. The administrative expenses of the CAG’s office are charged upon the Consolidated Fund of India and are not subject to the vote of Parliament.

Which of the statements given above are correct?

Which statements are true in relation to the Advocate General’s appointment and qualifications?

i. The Advocate General is appointed by the Governor.

ii. The Advocate General must have been an advocate for 10 years in a High Court.

iii. The Advocate General must be a resident of the state they serve.

iv. The Advocate General must be at least 45 years old.

Which of the following statements are correct about Tribunals under Article 323B?

i. Article 323B empowers both Parliament and State Legislatures to establish tribunals.

ii. Tribunals under Article 323B cover disputes related to taxation, foreign exchange, and land reforms.

iii. A hierarchy of tribunals is not required under Article 323B.

iv. The Chandra Kumar case (1997) upheld the exclusion of High Court jurisdiction for Article 323B tribunals.

v. Tribunals under Article 323B can be established for disputes related to elections to Parliament and Legislative Assemblies.

Consider the following statements regarding the composition of the State Finance Commission:

  1. The Commission shall consist of a chairman and a maximum of three other members.

  2. The state government determines the number of members in the Commission.

  3. The members of the Commission must be appointed on a full-time basis.

  4. One member must have experience in public administration or local administration.

Which of the statements given above are correct?

Which of the following statements is/are correct about the appointment and tenure of the CAG?

i. The CAG is appointed by the President of India and holds office for a term of 6 years or until the age of 65, whichever is earlier.

ii. The CAG can be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court.

iii. The CAG is eligible for further office under the Government of India or any state after ceasing to hold office.

iv. The salary of the CAG is determined by the President and can be altered to the CAG’s disadvantage during their tenure.