Recruiting the Republic's Officers: The UPSC's Constitutional Mandate and Civil Services Examination

Union Public Service Commission (UPSC)

The UPSC is India's central recruiting agency and an independent constitutional body — meaning it derives its existence directly from the Constitution, not from any act of Parliament. Articles 315 to 323 in Part XIV of the Constitution govern its composition, appointment, removal, independence, powers, and functions in detail.

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• The Commission consists of a Chairman and other members, all appointed by the President of India.
• The Constitution does not fix the numerical strength of the Commission — this is left entirely to the President's discretion.
• In practice, the Commission typically has 9 to 11 members including the Chairman.
• No specific qualifications are prescribed for membership, with one notable exception: at least one-half of the members must have served for a minimum of 10 years under either the Government of India or a State government.
• The President also determines the conditions of service of the Chairman and members.

Acting Chairman

The President may appoint one of the members as Acting Chairman in two situations:

1. When the Chairman's office falls vacant.
2. When the Chairman cannot perform functions due to absence or any other reason.

The Acting Chairman continues until a newly appointed Chairman assumes charge or the original Chairman resumes duties.

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• The Chairman and members hold office for a term of 6 years or until they reach the age of 65 years, whichever comes earlier.
• They may resign at any time by writing to the President.
• They can be removed before the expiry of their term by the President under grounds specified in the Constitution.

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The President can remove the Chairman or any member under the following circumstances:

Summary removal (no Supreme Court reference needed):

• Adjudged insolvent (declared bankrupt)
• Engaged in paid employment outside official duties during the term
• Found unfit to continue due to infirmity of mind or body (in the President's opinion)

Removal for Misbehaviour (Supreme Court reference mandatory):

• The President must refer the matter to the Supreme Court for an inquiry.
• If the Supreme Court upholds the ground for removal and advises accordingly, the President must act on that advice — it is binding.
• During the inquiry, the President may suspend the Chairman or member.

What Constitutes 'Misbehaviour'?

The Constitution defines misbehaviour as:

• Being concerned or interested in any contract or agreement made by the Government of India or any State government, or
• Participating in the profit of such contract or agreement, or deriving benefit from it — other than as a member of an incorporated company alongside other members.

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The Constitution incorporates several provisions to ensure the UPSC functions in an impartial and independent manner:

Exam Trap: The bar on post-retirement employment applies differently to the Chairman and to members. A former member can become Chairman of UPSC or of a State PSC. A former Chairman cannot take up any government employment — but the Supreme Court has held that appointment as a Governor is a 'constitutional office' and not 'government employment', so it is permissible.

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Core Recruitment Function

• Conducts examinations for appointments to:
  • All-India Services (IAS, IPS, IFoS)
  • Central Services (Group A and B)
  • Public services of centrally administered territories

Assistance to States

• Assists states (if two or more states request) in designing and operating joint recruitment schemes for services requiring candidates with special qualifications.
• Can serve the needs of a state on the request of the state Governor and with the President's approval.

Consultative Role (Personnel Management)

The UPSC must be consulted on the following matters:

1. Methods of recruitment to civil services and posts
2. Principles governing appointments, promotions, and transfers between services
3. Suitability of candidates for appointments, promotions, transfers, and deputation
4. Disciplinary matters affecting civil servants, including:
   • Censure, withholding increments or promotions
   • Recovery of pecuniary loss, demotion
   • Compulsory retirement, removal, or dismissal from service
5. Claims for reimbursement of legal expenses incurred by civil servants defending official acts
6. Claims for pension due to injuries sustained while in government service
7. Temporary appointments of more than one year and regularisation of appointments
8. Extension of service and re-employment of retired civil servants
9. Any other matter related to personnel management

Annual Report

• The UPSC presents an annual performance report to the President.
• The President places this before both Houses of Parliament along with a memorandum explaining cases where UPSC's advice was not accepted and the reasons for such non-acceptance.
• Such cases of non-acceptance must be approved by the Appointments Committee of the Union Cabinet — individual ministries have no power to unilaterally reject UPSC advice.

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The Supreme Court has held on two important points:

1. If the government fails to consult the UPSC, the affected public servant has no legal remedy in court — the provision is directory, not mandatory. Irregularity in consultation does not invalidate the government's decision.
2. Selection by UPSC does not confer any right to appointment — the government must, however, act fairly and without arbitrariness or malafides.

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The UPSC is not consulted on:

• Reservations of appointments for backward classes
• Claims of Scheduled Castes and Scheduled Tribes in appointments
• Selections for chairmanship/membership of commissions or tribunals, posts of highest diplomatic nature, and bulk of Group C and D services
• Temporary or officiating appointments where the person is not likely to hold the post for more than one year

Presidential Power to Exclude Matters

• The President may exclude posts, services, and matters from the UPSC's purview by making regulations.
• All such regulations must be laid before each House of Parliament for at least 14 days.
• Parliament retains the power to amend or repeal those regulations.
• These exclusion rules are formally called the UPSC (Exemption from Consultation) Regulations.

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• The Constitution envisages UPSC as the 'watch-dog of the merit system' in India.
• Its jurisdiction is confined to Group A and B services at the central level — it does not handle classification of services, pay scales, cadre management, or training. These are handled by the Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances and Pensions.
• UPSC = Central Recruiting Agency; DoPT = Central Personnel Agency.
• UPSC's recommendations are advisory only — the Union government may accept or reject them. The safeguard is parliamentary accountability: the government must explain departures from UPSC recommendations.

UPSC vs. Central Vigilance Commission (CVC)

• Since 1964, both the UPSC and the CVC are consulted in disciplinary matters involving civil servants.
• When the two bodies give conflicting advice, the UPSC holds an edge because:
  • It is a constitutional body (directly created by the Constitution)
  • The CVC was created by an executive resolution and was only given statutory status in October 2003

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