Union and State Public Service Commissions: Functions, Roles, and Significance

Conditions of service

Tenure

• 6 years or age of 65 years, whichever is earlier.
• Chairman: Not eligible for further appointment in GOI or State.
• Members: Not eligible for reappointment (i.e. for 2nd term as member) or any other appointment in GOI or State but eligible to be chairman of UPSC or SPSC.
• When a member of UPSC is appointed as its chairman, he holds the new office for six years or until the age of superannuation, whichever is earlier

• 6 years or 62 years, whichever is earlier.
• Chairman: Not eligible for reappointment (i.e. for 2nd term) or any other appointment in GOI or State but eligible to be chairman or member of UPSC.
• Members: Not eligible for reappointment (i.e. for 2nd term as member) or any other appointment in GOI or State but eligible to be chairman or member of UPSC and Chairman of the same SPSC or other SPSC.

Independence

• The entire expenses, including the salaries, allowances and pensions of the chairman and members and also of the staff of UPSC/SPSC, are charged on the Consolidated fund of India/State.
• Conditions of service of the chairman or a member cannot be varied to disadvantage.
• The chairman/member of the UPSC/SPSC can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.

Resignation

Functions and other aspects

• Watchdog of the ‘Merit System’ in India.
• Recommendations made by it are only of an advisory nature and not binding on the government.
• UPSC/SPSC is consulted on the following matters relating to:
  • Methods of recruitment to civil service and civil posts.
  • Principles to be followed in making appointments.
  • Suitability of candidates for appointments.
  • All disciplinary matters.
  • Matters of temporary appointments.
  • Matters related to grant of extension of service.
• Supreme Court: If the government fails to consult UPSC/SPSC in the above-mentioned matters, the aggrieved public servant has no remedy in a court. The above provisions are not mandatory.
  • Court held that a selection by the UPSC does not confer any right (not matter of right) to the post upon the candidate.

• UPSC assists states in joint recruitment if more than two states ask for it.
• Can also serve the needs of a state on the request of the state governor and with the approval of the president.
• The President can exclude posts, services and matters from the purview of the UPSC.
• UPSC presents a report to the president annually. The President places this report before both the Houses of Parliament.
• Cases of non-acceptance of advice must be approved by the Appointments Committee of the Union cabinet.
• An individual ministry or department has no power to reject the advice of the UPSC.
• Additional functions relating to the services of the Union can be conferred on UPSC by the Parliament.
• Jurisdiction of UPSC: Can be extended by an act made by the Parliament.
• UPSC is only a central recruiting agency.
• The Department of Personnel and Training is the central personnel agency in India.

• • SPSC is consulted by the Governor while framing rules for appointment to judicial service of the state other than district judge.
  • Governors can exclude posts, services and matters from the purview of the SPSC.
  • SPSC presents a report to the Governor annually.
  • The governor places this report before both the Houses of State Legislature.
  • Additional functions relating to the services of the state can be conferred on SPSC by the state legislature.
• Jurisdiction of State PSC: Can be extended by an act made by the State legislature.

• SPSC: Only a central recruiting agency in the state.
• Department of Personnel: Central personnel agency in the state.

Vigilance Commission and Role of PSC

• The Central Vigilance Commission (SVC) established in 1964 impacted the role of UPSC in disciplinary affairs. 
• Both bodies are consulted by the government in disciplinary actions against civil servants. Divergent opinions may emerge between them.
• But UPSC being an independent constitutional body, holds a superior position compared to the SVC

• The State Vigilance Commission (SVC) established in 1964 impacted the role of SPSCs in disciplinary affairs. 
• Both bodies are consulted by the government in disciplinary actions against civil servants. Divergent opinions may emerge between them. 
• But SPSC being an independent constitutional body, holds a superior position compared to the SVC.

Consultation on Personnel Management Matters:

• All matters relating to methods of recruitment to civil services
• Principles to be followed in making appointments to civil services and in making promotions and transfers from one service to another.
• Evaluating the eligibility of candidates for appointments to civil services and positions, including promotions, transfers between services, and appointments via transfer or deputation.
• All disciplinary matters affecting a person serving under the GOI in a civil capacity
• Claims of Legal expenses incurred by a civil servant in defending legal proceedings instituted against him.
• The award of a pension in respect of injuries sustained by a person while serving under the GOI
• Temporary appointments for a period exceeding one year
• Grant of extension of service and re-employment.

• All matters relating to methods of recruitment to civil services
• Principles to be followed in making appointments to civil services and in making promotions and transfers from one service to another.
• Evaluating the eligibility of candidates for appointments to civil services and positions, including promotions, transfers between services, and appointments via transfer or deputation.
• All disciplinary matters affecting a person serving under the State government in a civil capacity
• Claims of Legal expenses incurred by a civil servant in defending legal proceedings instituted against him.
• The award of a pension in respect of injuries sustained by a person while serving under the State government.
• Temporary appointments for a period exceeding one year
• Grant of extension of service and re-employment.

Limitations

• Making reservations of appointments or posts in favour of any backward class.
• Considering claims of SC and ST in making appointments to services and posts.
• Selections for chairman/member of commissions or tribunals, posts of the highest diplomatic nature, and bulk of group C and group D services.
• Selection for temporary appointment to a post for not more than a year.

• Making reservations of appointments or posts in favour of any backward class.
• Considering claims of SC and ST in making appointments to services and posts.

• By President as manner provided in the constitution under the following circumstances:
• Is adjudged an insolvent; or
• Engages during his term of office in any paid employment outside the duties of his office; or
• In the opinion of the president, it is unfit to continue in office by reason of infirmity of mind or body.

• • The President can also remove the chairman or any other member of UPSC/SPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry.
  • If the SC, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Advice tendered by the SC in this regard is binding on the president.
  • During the course of enquiry, the President can suspend the chairman or the member of UPSC and JPSC. Governors can suspend, in the case of the Chairman or Member of SPSC, pending the final removal order of the President on receipt of the report of the Supreme Court.
• ‘Misbehavior’ as defined in the Constitution is, if:
• Concerned or interested in any Government contract or
• Participates in any way in the profit of such a contract.

• JSPSC can be created by an act of Parliament on the request of the state legislatures concerned.
• JSPSC is a statutory and not a constitutional body.
• Chairman & Members: Appointed by the president.
• Term of Office: 6  years or until the age of 62 years, whichever is earlier.
• Suspension or Removal: by the president.
• Resignation: to the president.
• No. of members & service conditions: determined by the president.
• Annual Performance Report: to each of the concerned state governors. Each governor places the report before the state legislature.