\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nAt the time of framing the present Constitution,\nIndia had some experience of public service commissions functioning as integral\nparts of the old Constitution. The Government of India Act of 1935 had provided\nfor the establishment of public service commissions, both at the Centre and in\nthe provinces. When the present Constitution came into being on
\nJanuary 26, 1950, the Federal Public Service Commission was already\nfunctioning. The experience of the working of these commissions was of value to\nthe framers of the Constitution in dealing with this part. Except for a few\nchanges, they have, in fact, closely followed the provisions of the Government\nof India Act of 1935 in this regard.\n\n\n\n<\/p>\n\n\n\n
Need for Public\nService Commissions<\/strong><\/p>\n\n\n\n Experience\nin most democratic countries has shown that under the old system of private and\npolitical patronage, the Government used to be deprived of the services of the\nmost capable men. This was because their place was taken by those whose main\nqualification was the possession of influence. Civil servants actually in\noffice were discouraged from giving off their best to their work because advancement\ndepended not on their ability and zeal, but on political and private\nfavouritism. The civil service was unable to provide continuity of\nadministrative experience for the benefit of successive governments, because\nthe senior posts changed hands when governments changed. The number of civil\nservants was often unnecessarily enlarged in order to provide posts for the\ndependents of those who held the reins of political power. By drawing on the\nwidest possible field for recruitment, the public service commission gets more\nable people than when it relied on a system of personal contacts. Moreover, it\nwas able to divide the talent more evenly amongst all the government\ndepartments.<\/p>\n\n\n\n In\na country like India, the necessity and importance of public service commissions\nshould be evident. Its population of more than 1.2 billion now is multilingual\nand multiracial. One must \nalso take note of the existence of regional diversity,\na number of religious minorities, socially and educationally backward classes\nand communities. If political \nconsiderations and favouritism dominate the recruitment to the public\nservices under these conditions, the injury to the nation will be incalculable.\nIt will certainly affect the efficiency and integrity of the public services.<\/p>\n\n\n\n The\nfunction, therefore, of a public service commission is twofold: firstly, it\nmust, to adapt a famous phrase in American history, \u201ckeep the rascals out\u201d; and\nsecondly, it must try to put the \nbest men in. \nIt is difficult to overemphasise the importance of\nthis function.<\/p>\n\n\n\n Constitution of the\n Article\n315 makes it obligatory for the Union to constitute a public service\ncommission. It is presided over by a chairman who is designated as the\nChairman, Union Public Service Commission. The Chairman and the Members of the\nCommission are appointed by the President. They hold office for a period of six\nyears from the date they join duty or until they attain the age of sixty-five\nyears, whichever is earlier. It is provided that at least one-half of the\nMembers of the Commission should be persons with a minimum of ten years\u2019\nexperience in government service. This is intended to always ensure the\npresence of men of experience in civil service in the Commission so that it may\nfunction as an expert body. The number of Members in the Commission is\ndetermined by the President by regulations.<\/p>\n\n\n\n A\nMember of the Commission is ineligible for the same appointment for a second\nterm. His further employment elsewhere also is severely restricted. The\nChairman of the Union Public Service Commission is ineligible for further\nemployment either under the Government of India or under the Government of a\nState. However, a Member other than the Chairman is eligible to become either\nthe Chairman of the UPSC or the Chairman of a State Public Service Commission.<\/p>\n\n\n\n The\nPresident is empowered to determine by regulations the salary and other\nconditions of service of the Members of the Commission. He may also make\nregulations with respect to the strength of the staff of the Commission and\ntheir conditions of service. It is provided that the conditions of service of a\nMember of the Commission cannot be varied to his disadvantage after his\nappointment. The Chairman and Members of the Commission are paid, besides\nallowances, specified amounts as salary. These amounts compare favourably with\nthe salaries of comparable positions at the highest level of the government.\nThe entire expenses of the Commission, including the salaries and allowances of\nits Members, are charged on the Consolidated Fund of India.<\/p>\n\n\n\n A\nMember of the Union Public Service Commission can be removed from office only\nby an order of the President on the ground of proven misbehaviour. The\nConstitution prescribes a procedure to ascertain such misbehaviour. According\nto this, the matter will be referred to the Supreme Court by the President and\nthe Court will conduct an enquiry in accordance with the procedure prescribed\nunder Article 145 of the Constitution and will submit a report to the\nPresident. Pending the enquiry by the Supreme Court, the President may suspend\nthe Member concerned. The President is empowered to remove by an order a Member\nof the Commission also on the following grounds :<\/p>\n\n\n\n (1)\nif he is adjudged an insolvent;<\/p>\n\n\n\n (2)\nif he engages himself during his term of office in any paid employment outside\nthe duties of his office;<\/p>\n\n\n\n (3)\nif he, in the opinion of the President, is unfit to continue in office by\nreason of infirmity of mind or body; and<\/p>\n\n\n\n (4)\nif he becomes in any way concerned or interested in any contract or agreement\nmade by or on behalf of the Government of India or a State Government or in any\nway participates in its profits or benefits except as an ordinary member of an\nincorporated company. <\/p>\n\n\n\n All\nthese provisions are intended to make the Commission an independent and\nimpartial body.<\/p>\n\n\n\n Constitution of the\nState Public Service Commissions<\/strong><\/p>\n\n\n\n Under\nArticle 315, each constituent State of the Union should have a public service\ncommission. There is, however, provision\nfor setting up joint State Public Service Commissions each serving more than\none State. But such commissions may be set up only by the law of Parliament on\na request for the same by the States concerned. The Constitution also permits\nthe Union Public Service Commission to \nrender its services to a State, for all or any of the\nneeds of the State, with the approval of the President.<\/p>\n\n\n\n The\nMembers of a State Public Service Commission are appointed by the Governor, and\nthose of a Joint Commission by the President. As in the case of the Union\nPublic Service Commission, the appointment is for a maximum period of six\nyears. But if a Member attains the age of sixty-two years while in service,\nirrespective of his not having completed six years, he must retire from\nservice. The Members of State Public Service Commissions and Joint Public\nService Commissions are not eligible for any appointment under the Union or the\nStates except that a Chairman may become the Chairman or a Member of the Union\nPublic Service Commission or the Chairman of any other State or Joint Public\nService Commission and a Member may, in addition to the above-mentioned offices,\nbecome the Chairman of the Commission of which he is a Member. The conditions\nof service of the State Public Service Commissions are more or less the same as\nthose of the Union Public Service Commission. The only significant point of\ndifference is in respect of salary which varies from State to State. The\nconditions of service of a Member of a State Public Service Commission may not\nbe varied to his disadvantage after his appointment. Functions of the\nCommissions<\/strong><\/p>\n\n\n\n Under\nArticle 320, the commissions have the following functions :<\/p>\n\n\n\n (1) to\nconduct examinations for appointments to the services of the Union or the\nState ; <\/p>\n\n\n\n (2)\nto assist the States in framing and operating schemes of joint recruitment if\ntwo or more States request the Union Public Service Commission in this\nregard ; and<\/p>\n\n\n\n (3) to\nadvise the Union or State government :<\/p>\n\n\n\n (a) on matters relating to methods of recruitment\nto civil services and for civil posts ;<\/p>\n\n\n\n (b) on the principles to be followed in making\nappointments to civil services and civil posts and promotions, transfers, etc.,\nfrom one service to another ;<\/p>\n\n\n\n (c) on all disciplinary matters affecting\ngovernment services of the Union or the States ; <\/p>\n\n\n\n (d) on claims for costs of legal proceedings\ninstituted against a Union official or a State official ;<\/p>\n\n\n\n (e) on claims for the award of pension in respect\nof injuries sustained by a Union official or a State official on duty ;\nand <\/p>\n\n\n\n (f) on any other matter specially referred to it\nby the President or the Governor.<\/p>\n\n\n\n Under\nArticle 321, the functions of the Union Public Service Commission or a State\nPublic Service Commission may be extended by an Act made by Parliament or the\nlegislature of the State concerned. Such an Act may also bring within the scope\nof the functions of the Commission matters connected with the services of\npublic institutions such as local bodies or public corporations under the Union\nor State governments. This is important in view of the fact that as the\nactivities of both the Union and the State governments increase, more and more\nof public corporations and such other institutions are bound to be established\ninvolving the employment of an ever-increasing number of officials.<\/p>\n\n\n\n Report\nof the The\nUnion Public Service Commission has to submit to the President an annual report\non the work done by the Commission. The report accompanied by a memorandum\nexplaining the action taken by the Government on the recommendations of the\nCommission is to be placed before both the Houses of Parliament. Similarly, a\nState Commission has to submit to the Governor an annual report which, with the\nmemoran\u00addum explaining the action taken by the State government on the\nCommission\u2019s recom\u00admen\u00addations, is placed before the State legislature. The\nmemorandum should explain the reasons for the non-acceptance of the recommen\u00addations\nof the commission by the Government if there are any such cases.<\/p>\n\n\n\n It\nmust be observed that the public service commissions envisaged under the\nConstitution including the UPSC are only advisory bodies on matters relating to\nmethods of recruitment for Civil Services, the principles to be followed in\nmaking appointments to such services and on disciplinary matters affecting the services,\netc. In India, the public service commissions are in no way subordinate to the\nlegislature or the executive. Thus, while a public service commission would not\nordinarily like to withhold information on any particular subject, its\nconstitutional right to withhold information on any particular subject should\nbe recognised.<\/p>\n\n\n\n Obviously,\nthe Constitution-makers wanted to provide all reasonable safeguards to make the\npublic service commissions in India immune from all undue influence and to\nenable them to carry out their duties with impartiality, integrity and\nindependence.<\/p>\n\n\n\n Magnitude of the\nCommissions\u2019 Work<\/strong><\/p>\n\n\n\n A\nglance over the annual reports of the Public Service Commissions\u2014Union as well\nas State Commissions\u2014will show the variety and volume of their work :<\/p>\n\n\n\n (1) Conducting\ncompetitive examina\u00adtions for recruiting personnel to the various services is\none of the most arduous tasks undertaken by these Commissions.<\/p>\n\n\n\n (2)\nDirect recruitment by interview has become an important method of selection as\na result of the increase in governmental activities after Independence.<\/p>\n\n\n\n (3) Many\nof the superior posts, particularly in the regularly organised services, are\nfilled by promotion of officers who have acquired a certain standard of\nexperience in junior posts in those services. Recommendations for such\npromotions are made by the departments concerned and the Commission is\nrequested to ratify them. <\/p>\n\n\n\n (4) The\nCommission is consulted about certain minor forms of recruitment such as\ntemporary appointments for periods exceeding one year but not exceeding three\nyears, grant of extension of service and re-employment.<\/p>\n\n\n\n (5)\nThe Commission has to be consulted in disciplinary cases before the President\nimposes the penalty of censure or any more serious penalty, such as dismissal.<\/p>\n\n\n\n (6)\nThe Commission also handles a good number of cases such as those involving\nregularisation of appointments, claims for the award of pension, claims\nfor reimbursement of legal expenses incurred by Govern\u00adment servants in\ndefending legal proceedings instituted against them in respect of acts done in\nthe execution of their duties.<\/p>\n\n\n\n The Commission, in its reports,\nhas acknowledged that, apart from a few isolated instances, the ministries and\ndepartments generally observe the provisions of the Constitution. It means that,\non the whole, the recommendations of the Commission are accepted and acted upon\nby the Government. In fact, most of the reports show that there was not even\none case where the Union Government had not accepted the recommendations of the\nCommission. No greater test is required to prove effectiveness of the\nCommission as an independent body under the Constitution even though its\nrecommendations are only of an advisory nature. <\/p>\n","protected":false},"excerpt":{"rendered":" At the time of framing the present Constitution, India had some experience of public service commissions functioning as integral parts of the old Constitution. The Government of India Act of 1935 had provided for the establishment of public service commissions, both at the Centre and in the provinces. When the present Constitution came into being […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[3],"tags":[],"_links":{"self":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts\/604"}],"collection":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/comments?post=604"}],"version-history":[{"count":1,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts\/604\/revisions"}],"predecessor-version":[{"id":605,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/posts\/604\/revisions\/605"}],"wp:attachment":[{"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/media?parent=604"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/categories?post=604"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.competitionreview.in\/blogs\/wp-json\/wp\/v2\/tags?post=604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nUnion Public Service Commission<\/strong><\/p>\n\n\n\n
\nThe number of Members on the State Public Service Commission also varies from\nState to State. The basis and the procedure for the removal of the Members of\nthe State or Joint Public Service Commissions are the same as for the Members\nof the Union Public Service Commission.<\/p>\n\n\n\n
\nCommissions<\/strong><\/p>\n\n\n\n