Union Public Service Commission (UPSC): Origin, Functions and Significance

PWOnlyIAS December 11, 2023 05:10 2206 0

The UPSC is a constitutional body established under Articles 315-323 of the Indian Constitution. Its mandate is outlined in Article 320. It conducts various examinations under the Rules of Examination as notified by the Government of India in a just, fair, and impartial manner for making a merit-based selection and recommendation of candidates for various Group A and Group B Services of the Govt.

Union Public Service Commission (UPSC): Origin, Functions and Significance

Constitutional Mandate

UPSC is a constitutional body that has been created by the constitution under Articles 315 to 323 (Part XIV) of the constitution.

Origin

Setting Up: The commission was set up on 1 October 1926 as the Public Service Commission based on the recommendations of the Lee Commission.
- It was later reconstituted as the Federal Public Service Commission by the Government of India Act 1935. After independence, it became the Union Public Service Commission.
Aim: Parliament has powers under Article 312 to create one or more All India services common to the Union and the States. UPSC was created to act as a central recruiting agency for these All India Services.

Important Articles:

Article 315: Setting up of Public Service Commissions (PSC) for the Union as well as the States of India.
Article 316: Concerns appointment and term of office of members of UPSC as well as SPSC.
Article 317: It focuses on the removal and suspension of a member of UPSC or SPSC.
Article 318: It contains provisions to make regulations for the conditions of service of members and staff of the Commission.
Article 320: It focuses on the functions of Public Service Commissions.
Article 323: It is regarding reports of Public Service Commissions.

Appointment and Removal

Appointing Authority: The President of India appoints the chairperson and other members of the commission.
Composition: The commission is made up of nine to eleven members including the chairperson.
Qualifications: There are no qualifications specified for the membership of the commission except that one-half of the members should have held office under the Government of India or the government of a state.
Conditions of Service: The constitution authorizes the President to determine conditions of service of the chairperson as well as other members of the commission.
Tenure: Members of UPSC shall hold office for a term of six years or till the age of 65 years, whichever is earlier.
Removal: The members can resign from office by writing to the President. They can also be removed by the President in a way prescribed in the Constitution.
Procedure for Removal: The President can remove the chairperson or any member under the following circumstances:
- If he/she is adjudged insolvent;
- If he/she engages in paid employment outside the existing duties during the term of office;
- If he/she is considered by the President to be unfit to continue in office;
- In case of removing the chairperson or any other member for misbehavior, the President has to refer the matter to the Supreme Court for an inquiry. The advice of the court is binding on the President.

Functions of UPSC

Examination: The commission is responsible for conducting examinations for appointments for all Indian services, central services, and public services of central territories.
Assisting States: It assists states in framing and operating schemes of joint recruitment for any services.
Miscellaneous: It serves any need of a state on request by the state governor and prior approval of the President.
Personnel Management: It consulted on the following matters:
- Matters relating to recruitment to civil services;
- Principles to be followed while making appointments to civil services;
- All disciplinary matters affecting individuals serving under the Government of India;
- All claims for reimbursement of legal expenses;
- Any claim for an award of a pension in respect of injuries sustained during service;
- Matters of temporary appointment;
- Matters related to grant of extension of service and re-employment;
- Any matters related to personnel management.
Annual Report: UPSC annually presents an annual report to the President on its performance. This report is placed before both houses of Parliament.

Significance of UPSC

Security of Tenure: The chairperson and members can be removed from office on the grounds mentioned in the constitution. They enjoy the security of tenure.
Conditions of Service: The conditions of service of the chairperson or the member cannot be varied after the appointment.
Expenses are Independent: The entire expense of the UPSC is charged to the Consolidated Fund of India and thus cannot be voted on.
No Further Employment: After demitting the office, the chairperson is not eligible for further employment under the Union or the state.
- A member of the commission, after demitting office, is eligible for the position of the chairperson of UPSC or State Public Service Commission, but not other employment.
Single Term: A chairperson or member is not eligible for reappointment to the same office.

Criticism of UPSC

Exclusion: The President can exclude matters related to posts and services from the purview of the UPSC.
Advisory Recommendations: Recommendations made by UPSC are only advisory and hence are not binding on the government.
Reduce Scope: The government has the power to make rules that can regulate the scope of the advisory functions of UPSC.
Disciplinary Powers Curtailment: The emergence of the Central Vigilance Commission (CVC) has reduced the role of UPSC in disciplinary matters.

Way Forward: Parliamentary Panel Recommendations for UPSC

Reduce Examination Cycle: The committee believes that the 15-month-long recruitment process of UPSC wastes candidates’ prime years besides taking a heavy toll on their physical and mental health.
- The committee opines that the recruitment examination should not ordinarily exceed six months.
Address Low Turnout: The committee has UPSC to address the low turnout for the examination, which is about 50%. It also wants UPSC to share expenditures incurred in the conduct of the examination.
Level-playing Field: The committee has recommended the formation of an expert review committee to check if the existing exam format provides a level playing field for all candidates irrespective of their academic background.
Study Impact of Examination Pattern: The committee has recommended UPSC assess how changes in examination pattern impacted the aspirants, nature of recruitment, and administration at large.
Feedback System: The committee suggested UPSC take feedback from candidates to ensure more transparency, fairness, and candidate friendliness.

Must Read
NCERT Notes For UPSC	UPSC Daily Current Affairs
UPSC Blogs	UPSC Daily Editorials
Daily Current Affairs Quiz	Daily Main Answer Writing
UPSC Mains Previous Year Papers	UPSC Test Series 2024

Union Public Service Commission FAQs

UPSC is a constitutional body that has been created by the constitution under Articles 315 to 323 (Part XIV) of the constitution.

Parliament has powers under Article 312 to create one or more All India services common to the Union and the States. UPSC was created to act as a central recruiting agency for these All India Services.

The commission was set up on 1 October 1926 as the Public Service Commission based on the recommendations of the Lee Commission. It was later reconstituted as the Federal Public Service Commission by the Government of India Act 1935. After independence, it became the Union Public Service Commission.

The President of India appoints the chairperson and other members of the commission.

Members of UPSC shall hold office for a term of six years or till the age of 65 years, whichever is earlier.

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Union Public Service Commission (UPSC): Origin, Functions and Significance

Constitutional Mandate

Origin

Important Articles:

Appointment and Removal

Functions of UPSC

Significance of UPSC

Criticism of UPSC

Way Forward: Parliamentary Panel Recommendations for UPSC

Union Public Service Commission FAQs

What is the Union Public Service Commission (UPSC)?

What is the mandate of the Union Public Service Commission (UPSC)?

How did the Union Public Service Commission (UPSC) Originate?

Who appoints the Members of the Union Public Service Commission (UPSC)?

What is the Tenure of Union Public Service Commission (UPSC) Members?

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