Sunday, December 31, 2017

Public Service Commission

  • The Constitution of India provides for a Public Service Commission namely Union Public Service Commission or UPSC for the Union and State Public Service Commissions of State PSCs or a Joint Public Service Commission for group of states.
  • A Joint Public Service Commission can be created by the State Legislatures concerned.
  • The Union Public Commission can serve the needs of the states if need arises.
  • The appointment, determination of number of members of the commission, and their condition of service is done by
  • The President in the case of the Union or a Joint Commission, and
  • The Governor of State in the case of State Commission.
  • The conditions of service of a member of the Public Service Commission can not be varied to his / her disadvantage after the appointment according to Article 318 of the Constitution.
  • Half of the members of a commission should be persons who have held office under the Government of India or of a state for atleast 10 years according to article 316 of the constitution.
  • The service term of a member of commission is 6 years.
  • Age of retirement of UPSC members is 65 years, however, in case of State PSC members, retirement age is 62 years.
  • Service of a member of a Public Service Commission can be terminated by –
  • Resignation in writing to the President of India in case of UPSC member and to the State Governor in case of State Commission.
  • Removal by the President

President can remove a commission member, if he / she is –
  • Adjudged insolvent; or
  • Engages himself/herself in paid employment outside office; or
  • Is infirm physically or mentally; or
  • Found guilty of misbehavior by the Supreme Court of India.

  • Even in case of a State Commission Member, only the President of India has the power to removal; however; state governor can only pass order of suspension.
  • The expenses of the commission are charged on the consolidated fund of India or of the State, as the case may be, according to article 322 of the Constitution of India.
  • Disabilities imposed upon the Chairman and member of the commission for future employment under the government are-
  • The Chairman of UPSC is ineligible for further employment under both Central and State Government.
  • The Chairman of State Public Service Commission is eligible to be appointed as member or chairman of other state commission or UPSC but not eligible for other employment either under Central or State Government.
  • The Public Service Commissions are advisory bodies to government, which can government can accept or turn down.

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