Formation of the Union Public Service Commission

Hyderabad: This article provides information on the establishment of Public Service Commission for each state by the Constitution. The union Public Service Commission (UPSC) was established in 1926, but was re-envisioned for independent India by Sardar Vallabhai Patel. It was meant to produce an elite cadre of officers who would be politically neutral. CONSTITUTIONAL PROVISIONS […]

Hyderabad: This article provides information on the establishment of Public Service Commission for each state by the Constitution.

The union Public Service Commission (UPSC) was established in 1926, but was re-envisioned for independent India by Sardar Vallabhai Patel. It was meant to produce an elite cadre of officers who would be politically neutral.

CONSTITUTIONAL PROVISIONS

Articles 315 to 323 in Part XIV of the Constitution of India provides for the establishment of Public Service Commission for the union and a Public Service Commission for each State.

Article-315. Public Service Commissions for the union and for the States.

There shall be a Public Service Commission for the union and a Public Service Commission for each State. Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.

Article-316. Appointment and term of office of members.

The Chairman and other members of a Public Service Commission shall be appointed, in the case of the union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:

Fifty percent of the members of every Public Service Commission shall be persons who have held office for at least ten years either under the Government of India or under the Government of a State

A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:

A member of a Public Service Commission may, by writing under his hand addressed, in the case of the union Commission or a Joint Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;

A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office.

Article-317. Removal and suspension of a member of a Public Service Commission.

The Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the President, has, on inquiry and reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.

The President, in the case of the union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court

Also, the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—

– is adjudged an insolvent; or

– engages during his term of office in any paid employment outside the duties of his office; or

– is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.