BharatNotes 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:
- Recruitment to civil services and posts — by examination or otherwise
- Principles to be followed in making appointments, promotions, and transfers from one service to another
- Disciplinary matters affecting a civil servant — including censure, withholding of increments, reversion, compulsory retirement, removal or dismissal
- Memorials or petitions from civil servants regarding service conditions
- Recruitment rules for civil posts and amendments thereto
- 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
Recent Developments (2024–2026)
UPSC Chairperson Change — Preeti Sudan Appointed (August 2024)
Dr. Manoj Soni resigned as UPSC Chairman on 31 July 2024, several years before the end of his term (May 2029). The resignation came amid the controversy surrounding trainee IAS officer Puja Khedkar, who was accused of misrepresenting her OBC-NCL (non-creamy layer) status, disability certificate, and identity to appear for the Civil Services Examination on 12 occasions. Soni cited "personal reasons" for his resignation.
Preeti Sudan — a 1983-batch IAS officer from the Andhra Pradesh cadre and former Union Health Secretary — was appointed as the new UPSC Chairperson effective 1 August 2024. She is only the second woman to hold this post in UPSC history (after Mrs. R.M. Bathew, 1992–96). Sudan's term ended in April 2025 (mandatory retirement at 65).
UPSC angle: Prelims — Preeti Sudan, 2nd woman UPSC Chairperson; 1 August 2024; 1983 batch IAS; mandatory retirement at 65. Mains — assess the institutional implications of the Puja Khedkar controversy for UPSC's verification systems; what reforms are necessary to prevent identity fraud in civil services examinations?
Puja Khedkar Case — Integrity of UPSC's Article 320 Functions (2024)
The Puja Khedkar case raised fundamental questions about UPSC's constitutional function under Article 320 — to conduct examinations for appointments to Union Services and advise on recruitment matters. The case highlighted: inadequate real-time verification of OBC-NCL certificates, disability certificates, and candidate identity; absence of biometric de-duplication across multiple attempts; and the need for forensic document verification at the application stage.
The CBI was directed to investigate the case. The Delhi High Court subsequently heard petitions regarding the legal framework for preventing fraud in civil services recruitment.
UPSC angle: Prelims — Article 320 (UPSC functions: examinations, recruitment); OBC-NCL certificate; disability certificate. Mains — critically evaluate the gaps in UPSC's eligibility verification framework revealed by the Khedkar case; propose systemic reforms consistent with UPSC's constitutional independence.
Lateral Entry Controversy — UPSC's Role in Non-Traditional Recruitment (2024)
In August 2024, the government notified 45 lateral entry appointments to Joint Secretary and Director-level positions in central ministries, without routing through the UPSC. The move triggered political controversy, with Opposition parties and social justice advocates arguing that lateral entry bypasses reservations for SC/ST/OBC candidates that normally apply to UPSC-conducted exams. The government subsequently withdrew the advertisement after political pressure.
Under Article 320(3)(c), the UPSC is required to be consulted on the principles to be followed in making appointments to civil services — lateral entry appointments not routed through UPSC raise questions about this mandatory consultation.
UPSC angle: Prelims — Lateral entry to Joint Secretary/Director level; August 2024 advertisement withdrawn; Article 320(3)(c) consultation requirement. Mains — analyse the constitutional framework governing lateral entry; does bypassing the UPSC for senior civil service appointments violate Article 320?
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
