PUBLIC SERVICE COMMISSIONS
Article 315
provides for service commissions for both the Union and the States. For
the Union it is known as Union Public Service Commission (UPSC) and for
the States it is known as State Public Service Commission (SPSC). There
is a provision for a joint SPSC for two or more states if the state
legislatures of the concerned states pass a resolution to this effect
and acting on it Parliament enacts a law in this regard. A Public
Service Commission consists of a Chairman and a number of members. The
number of members and the conditions of service shall be determined in
the case of UPSC or a Joint Commission by the President and in the case
of a state PSC by the Governor. The conditions of service of a member of
a Commission shall not be varied to his disadvantage during his term of
office (Art. 318).
Appointment and term of office :
The
Chairman and members of the UPSC or a Joint Commission are appointed by
the President while those of a State Commission are appointed by the
Governor of the State. No qualifications are prescribed for being a
member or chairman. The Constitution does not prescribe the number of
members of a Commission. But it is laid down in Art. 316 that
at least half of the members of every Commission shall be persons who
have held office under the Government of India or of a state for 10
years. Under this clause officers belonging to IAS, IPS, IFS, and other
Central Services serving the Union and officers of the armed forces who
have retired or are on the verge of superannuation's are appointed
members. This is to ensure that persons who have a first hand experience
of government service guide the policies to be adopted by the
Commission. They are in a better position to understand the needs of the
government and the qualities required of a candidate. Generally the
senior most member is appointed as Chairman though it is not a legal
requirement.
A member of a Commission holds office for a term of 6
years from the date he enters upon his office or until he attains the
age of 65 years in the case of UPSC and 62 years in the case of a State
Commission or a Joint Commission
Resignation:
A member of a Commission may resign his office by a writing addressed to:
The President in the case of UPSC or a Joint Commission
The Governor in the case of a State Commission
Removal:
The President may remove him on the ground of misbehavior. The Supreme
Court alone may inquire about misbehavior on a reference made by the
President. It is to be noted that a member of State Commission may be
removed only by the President (and not by the Governor). Once the
Supreme Court has reported that the member was guilty of misbehavior,
the President has no choice but to remove the member.In some cases the
President may remove a member without making a reference to the Supreme
Court.
These are:
The member is adjudged an insolvent,
The member engages in some other employment while in office,
The member is unfit to continue in office by reason of infirmity of mind or body.
Whether the infirmity incapacitates the member from discharging his
duties is for the President to determine. Blindness may not cause such
infirmity in all cases.
Functions of the Commission:
Article 320 lays down the function of a Public Service Commission. Article 321 provides that the Parliament or the legislature of a state may add to the list of functions. The functions are of two types:
(a) duties (b) advisory functions.
Duties:
The duties of a Public Service Commission enumerated in Art. 320 are:
To conduct examinations for appointment to the services of the union and
the services of the State (in case of a State PSC). It is the duty of
the UPSC if requested by two or more States to assist those States in
framing and operating schemes of joint recruitment for any Services
requiring special qualifications.
Advisory functions:
A
Commission has many advisory functions. It must be consulted ,On all
matters relating to method of recruitment to civil services and civil
posts.On the principles to be followed in making appointments to civil
services and posts, in making promotions and transfers from one service
to another and on the suitability of such candidates.On all disciplinary
matter affecting a person under the government (Central or State) in a
civil capacity. This includes memorandums and petitions relating to such
matters.On any claim by or in respect of a person in service under the
government (Central or State) that any costs incurred by him in
defending any proceeding instituted against him for acts done in the
execution of his duty should be paid by the government. On any claims of
the award of a pension in respect of injuries sustained by a person
while in government service in a civil service in a civil capacity. The
UPSC submits its annual report to the President which is laid before
Parliament. Similarly, every PSC submits its annual report to the
Governor which is laid before the State Legislature.