Question

Which of the following statements are correct regarding the Union Public Service Commission (UPSC)?

1. The UPSC is consulted on methods of recruitment, appointments, promotions, and transfers for All India Services and Central Services.

2. The chairman of the UPSC can be removed by the President only after an inquiry by the Supreme Court for misbehaviour.

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

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All are correct

Answer 1

Answer:

A. 1 and 2 only

Union Public Service Commission (UPSC)

• The Union Public Service Commission (UPSC) is a central recruiting agency in India, established under Article 315 of the Indian Constitution.

• It is an independent constitutional body responsible for conducting examinations for appointments to All India Services and Central Services, as well as for advising the President on various service matters.

• The UPSC consists of a Chairman and other members appointed by the President of India. The Constitution specifies the strength of the Commission to be at the President's discretion, usually 9 to 11 members including the Chairman.

Functions and Consultation Role (Statement 1)

• Statement 1 is correct. The UPSC plays a crucial advisory role in various personnel matters concerning All India Services (e.g., IAS, IPS, IFS) and Central Services (e.g., Group 'A' posts).

• According to Article 320 of the Constitution, the UPSC is consulted on the following matters:

  • Methods of recruitment to civil services and for civil posts.

  • Principles to be followed in making appointments to civil services and posts, and in making promotions and transfers from one service to another.

  • Suitability of candidates for appointments, promotions, and transfers.

  • All disciplinary matters affecting a person serving under the Government of India or the Government of a State.

  • Claims for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings initiated against him for acts done in the discharge of his official duty.

  • Claims for award of a pension in respect of injuries sustained by a person while serving under the Government of India.

• It's important to note that while the UPSC is consulted, some matters like reservations for Backward Classes, SCs, and STs fall outside its purview, though it's consulted on general principles of recruitment.

Removal of Chairman and Members (Statement 2)

• Statement 2 is correct. The Chairman or any other member of the UPSC can be removed from office by the President of India under specific circumstances.

• The grounds for removal include misbehaviour, insolvency, engaging in paid employment outside their office, or being unfit to continue due to infirmity of mind or body.

• Specifically for misbehaviour, the President must refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after due inquiry, finds the member guilty of misbehaviour and recommends removal, the President is bound to remove them. This provision is enshrined in Article 317 of the Constitution.

• This stringent removal process is designed to safeguard the independence and impartiality of the Commission.

Advisory Nature of Recommendations (Statement 3)

• Statement 3 is incorrect. The recommendations made by the Union Public Service Commission are advisory in nature and are not binding on the Union Government.

• While the government generally accepts the recommendations of the UPSC, it is not legally obligated to do so.

• However, if the government decides not to accept any of the UPSC's recommendations, the reasons for such non-acceptance must be laid before both Houses of Parliament. This ensures transparency and parliamentary oversight.

• This advisory nature highlights the balance between the independence of the UPSC and the ultimate accountability of the government to Parliament