UPSC ARTICLE 315-323 (PART-XIV) Government of India Union Public Service Commission
Union Public Service Commission Central recruiting agency in india . Independent constitutional body - directly created by constitution .Article 315-323 in part XIV O Provisions regarding of members along with independence , functions , powers of UPSC 1.Removal 2 Appointment 3.Composition
COMPOSITION O UPSC consist of a chairman and other members appointed by president. OUsually , commission consist of 9-11 members including chairman No qualifications are prescribed for commission's membership except that one half of the members of commission should be such persons who have held office for at least 10 years either under Govt. of india or under Govt. of state. Constitution also authorizes president to determine conditions of service of chairman and members of commission. To be cont....
Chairman and other members of commission hold office for terms of six years or until they attain age of 65 years . Addressing their resignation to President. They can also be removed before expiry of their term by President in the manner as provided by the constitution President can appoint one of the members of UPSC as an acting chairman in the following two circumstances: 1. When the ofhce of chairman falls vacant. 2. When chairman is unable to perform his functions due to absence or some other reasons. Acting chairman functions till a person appointed as a chairman enters on duties of office or till chairman is able to resume his duties.
OUTSIDE JURISDICTION OF UPSC O Making reservation of appointments- backward classes-Sc/St. oSelections for chairmanship or membership of commission or tribunals Selections for temporary or officiating appointment to a post if the person appointed is not likely to hold the post for more than a year.
REMOVAL President can remove chairman or any other member of UPSC from office under following circumstances: 1. If he is adjudged and insolvent 2. If he engages ,during his term of office , in any paid employment outside the duties of his office; or 3. If he is, in opinion of the president , unfit to continue in office by reason of infirmity of mind or body. . In addition to these president can also remove the chairman or any other member of UPSC for misbehaviour. In the case president, has to refer the matter to supreme court for an enquiry. Advise tendered by supreme court in this regard is binding on the president. President can suspend chairman or members of UPSC.
INDEPENDENT & IMPARTIAL FUNCTIONING OChairman or other members of UPSC can be removed from office by president only in manner or grounds mentioned in constitution Service of chairman or other members of UPSC , though determined by the president, cannot be varied to his disadvantage after his disappointment Entire expenses of salaries, pensions or other allowances of chairman & other members are charged under consolidated fund of India. Chairman of UPSC is not eligible for further employment in centre or state. o Member of UPSC is eligible for appointment of chairman of UPSC OR SPSOC
FUNCTIONS PERFORMED BY UPSC: o Conducts examination for appointment of all Indian services public services ,central services. All matters related to methods of recruitment to civil services or for civil posts. Assists the states ( if requested by two or more states ) in framing & operating schemes of joint recruitment. O It serves all or any of the needs of state on the request of state governor & with approval of president. Matter related to grant of extension of services & re employment of certain retired civil services. O Jurisdiction of UPSC can be extended by an act made by Parliament.
ROLE Watchdog of merit system. Role of UPSC is not limited , but also recommendations made by it are only of advisory nature & hence not binding on the government Emergence of central vigilance commission in 1964 affected the role of UPSC in disciplinary matters- conflicting advise. OUPSC , being an independent constitutional body , has an edge over the CVC, which is created by an executive resolution of the Govt. of India & conferred a statuary status in October 2003