Constitutional Basis

Part XIV (Articles 315–323) of the Constitution deals with Services under the Union and States. Articles 315 to 323 specifically govern Public Service Commissions.

Article Provision
Art. 315 Establishment of UPSC for the Union and a PSC for each State; possibility of a Joint State Public Service Commission (JSPSC)
Art. 316 Appointment and term of members of the Commissions
Art. 317 Removal and suspension of a member
Art. 318 Power to make regulations as to conditions of service of members
Art. 319 Prohibition against holding offices by members of the Commission on ceasing to be such members
Art. 320 Functions of the Commissions
Art. 321 Power to extend functions of the Commissions
Art. 322 Expenses of the Commissions charged on Consolidated Fund
Art. 323 Reports of the Commission

Types of Public Service Commissions

Type Established By For
Union Public Service Commission (UPSC) Art. 315(1) Central government services and All India Services
State Public Service Commission (SPSC) Art. 315(1) State government services
Joint State Public Service Commission (JSPSC) Art. 315(2) — by Parliament on request of State Legislatures Two or more States jointly

Composition

UPSC (Article 316)

  • Consists of a Chairman and such other members as the President may determine
  • No fixed strength prescribed by the Constitution — left to the President
  • At least one-half of the members must have held office for at least 10 years under the Government of India or a State government
  • Appointed by the President

State PSC (Article 316)

  • Chairman and members appointed by the Governor of the State
  • At least one-half of members must have held office for at least 10 years under Government of India or a State government

Tenure and Removal

Tenure:

  • Members hold office for 6 years or until they attain the age of:
    • 65 years (UPSC members)
    • 62 years (State PSC members)
    • Whichever is earlier
  • No re-appointment after completing term — ensures independence

Removal (Article 317):

The President can remove a UPSC member (and the Governor can remove a State PSC member) only on the following grounds:

  • Adjudged insolvent
  • Engages during term in any paid employment outside office
  • Unfit to continue due to infirmity of mind or body
  • Proved misbehaviour — but only after an inquiry by the Supreme Court (not the President alone)

The Supreme Court's recommendation for removal is binding on the President — this is a critical safeguard for independence.

Safeguards for Independence

Safeguard Detail
Security of tenure Cannot be removed except on constitutional grounds; only through Supreme Court inquiry
No reappointment Art. 319 — UPSC Chairman cannot be employed again under Centre/State after term; other UPSC members eligible for SPSC Chairmanship only
Charged expenditure Expenses of UPSC charged on Consolidated Fund of India — no Parliamentary vote needed (Art. 322)
Service conditions Cannot be varied to their disadvantage after appointment (Art. 318)

Functions (Article 320)

The Commissions must be consulted by the government on:

  1. Recruitment to civil services and posts — by examination or otherwise
  2. Principles to be followed in making appointments, promotions, and transfers from one service to another
  3. Disciplinary matters affecting a civil servant — including censure, withholding of increments, reversion, compulsory retirement, removal or dismissal
  4. Memorials or petitions from civil servants regarding service conditions
  5. Recruitment rules for civil posts and amendments thereto
  6. Suitability of candidates for appointment, promotion, or transfer

Note: Government is NOT obliged to accept UPSC advice — it may act contrary to it but must record reasons and forward them to the Commission.

What UPSC Does NOT Handle

  • IAS and IPS recruitment — conducted by UPSC (Civil Services Exam)
  • Class III and IV posts — handled by Staff Selection Commission (SSC), not UPSC
  • Technical posts (engineering, medical) under many ministries — often handled by respective departmental boards

Annual Report (Article 323)

  • UPSC presents an Annual Report to the President
  • President causes it to be laid before each House of Parliament
  • The report includes cases where UPSC's advice was not accepted and the reasons for non-acceptance
  • State PSC submits annual report to the Governor, who lays it before the State Legislature

Joint State Public Service Commission (JSPSC)

  • Parliament may, on request of two or more State Legislatures, create a JSPSC
  • Chairman of JSPSC is appointed by the President
  • Annual report submitted to each concerned State's Governor, then to State Legislature

Exam Relevance

Prelims traps:

  • UPSC members serve 6 years or until 65 years — State PSC members until 62 years
  • UPSC Chairman after tenure cannot be reappointed to UPSC or any Central/State government post — this is a stricter bar than for other members
  • UPSC's advice is consultative, not binding — government can reject it but must record reasons
  • Removal of UPSC members requires Supreme Court inquiry — not merely Presidential decision

Mains angles:

  • Independence of UPSC vs political interference in lateral entry to civil services
  • Role of UPSC in ensuring merit-based recruitment vs reservations implementation
  • Functioning of UPSC: transparency, exam conduct integrity (paper leaks, 2024 controversy)
  • State PSCs — capacity constraints and delays vs UPSC efficiency