Union Public Service Commission

Union Public Service Commission is a constitutional body established under Articles 315 to 323 of the Constitution, forming a vital component of Indian Polity. It is responsible for conducting examinations and advising the government on recruitment, appointments, and service matters of civil servants. The Commission ensures merit-based selection and upholds the principles of fairness, neutrality, and integrity in public administration.

Union Public Service Commission: Function and Rights

Historical background

The idea of a permanent body for the regulation of civil services was introduced in the Montagu-Chelmsford Reforms of 1919.
The Government of India Act, 1919 allowed for the formation of a Public Service Commission in India.
The Public Service Commission was established on October 1, 1926, based on the recommendations of the Lee Commission (1924).
Sir Ross Barker was made the first chairman of this commission.
It was renamed as Federal Public Service Commission (FPSC) under the Government of India Act, 1935.
When the Constitution came into force in 1950, it became the Federal Public Service Commission, Union Public Service Commission (UPSC) under Article 378.

Constitutional status

The Union Public Service Commission (UPSC) is the central recruitment agency of India.
It is an independent constitutional body constituted under the provisions of Articles 315 to 323 of the Constitution.
It is mentioned in Part-14 of the Constitution.

Articles relating to Union and State Public Service Commissions

Article	Theme
315	Provision for Public Service Commissions for the Union and the States
316	Appointment, tenure and resignation of members of the Commission
317	Procedure for dismissal and suspension of members of the Commission
318	Power to make rules for the conditions of service of members and employees of the Commission
319	Restriction on appointment to other posts after termination of membership
320	Describe the functions of the Public Service Commissions.
321	Power to extend the functions of the Commission
322	Provision for the expenditure of Public Service Commissions
323	Arrangements for submission of reports by Public Service Commissions

Composition of Public Service Commissions

Article 315. Public Service Commissions for the Union and for the States

Constitution of the Commission: There shall be a Union Public Service Commission for the Union (Centre) and a State Public Service Commission for each State.
Joint Commission (JPSC): Two or more states may, by mutual agreement and resolutions passed in their legislatures, establish a Joint State Public Service Commission. Parliament shall enact legislation to this effect.
Legal provisions: The legislation creating the Joint Commission may include additional regulations necessary to make the work effective.
Governor’s request: The Union Public Service Commission (UPSC) can meet the recruitment needs of a state if the Governor of that state requests it with the approval of the President.
Explanation: Wherever the term “Public Service Commission” occurs, it shall mean a Commission for the purposes of the Union or the State concerned.

Article 316 – Appointment and term of office of members

Appointment: The Chairman and members of the Union or Joint Commission shall be appointed by the President and those of the State Commission by the Governor.

Determination of the number –

The Commission consists of a Chairman and some other members.
The number of members is not specified in the Constitution; it is at the discretion of the President.
Usually, the Commission consists of 9 to 11 members, including the Chairman.

Ability:

About half of the members of the Commission will be those who have at least 10 years of work experience under the government.
- (i) Acting Chairman : If the post of Speaker is vacant or he is unable to function, the President (Union/United) or the Governor (State) may appoint any other member as Acting Speaker.

Tenure:

Union Public Service Commission: 6 years tenure or till the age of 65 years
State/Joint Public Service Commission: 6 years tenure or till the age of 62 years.
- (i) Resignation: A member can submit his resignation in writing to the President (Union/United) or the Governor (State).
- (ii) Removal: A member can be removed from office under the provisions of Article 317.

Prohibition on reappointment: After the expiry of the term, no person shall be eligible for reappointment to the same post.

Article 317 – Removal and suspension of a member of a Public Service Commission

Misbehaviour:

Removal will be possible only by order of the President on the grounds of misconduct.
This will be subject to an inquiry by the Supreme Court, and action will be taken based on its report.
- Suspension: The President (Union/United) or the Governor (State) can suspend a member during the investigation.
- Other grounds for removal:The President can also remove a member without inquiry if:
  - be declared bankrupt
  - External business engagement
  - mental or physical disability

Definition of ‘misbehaviour’ in the Constitution

The following situations constitute misconduct:
- If the member is a beneficiary of any contract/agreement of the Government of India or the State Government.
- If he is a member of an incorporated company and is a partner in the profits of the contract/agreement entered into by that company with the Government.

Expulsion on the Grounds of Misbehavior

If the Chairperson or any member is found guilty of misbehavior:
The President has to send this matter to the Supreme Court for investigation.
If the Supreme Court recommends dismissal after an inquiry, the President can remove the person concerned from office.
The advice given by the Supreme Court is binding on the President.

Suspension during investigation

The President can suspend the Chairman or a member while the case is pending in the Supreme Court.

Article 318 – Power to make rules as to conditions of service

By President (for Union/United) and Governor (for State) regulations:
- (i) Determine the number of members and their conditions of service.
- (ii) Determine the number of employees and their conditions of service.
Provided that no adverse change (such as reduction in pay) will be made in the conditions of service after appointment.

Article 319 – Bar to employment on ceasing to hold office

Union Commission Chairman: After leaving the post, he shall not be eligible for any other employment under the Government.
State Commission Chairman: Only the Chairman/Member of UPSC or any other State Commission can become the Chairman.
UPSC Member: Can become the Chairman of UPSC or Chairman of any State Commission.
SPSC Member: Can become Chairman/Member of UPSC or Chairman of the same/other State Commission.

Article 321 – Power to extend functions

Parliament or the State Legislature can entrust the Public Service Commission with the responsibility of any local authority or public institution in addition to government services by making a law.

Article 322 – Expenses of Public Service Commissions

All expenses of the Commission (salary, allowances, pension) will be met from the Consolidated Fund (Funds of India for the Centre and State Funds for the States).

Article 323. Reports of Public Service Commissions

The Union Commission will submit its annual report to the President. The President will cause it to be laid before Parliament. The government will be required to explain its reasons for not accepting the advice.
State/Joint Commissions: Submit their report to the Governor. The Governor will have it laid before the State Legislature. In the event of non-compliance with the advice, the government must provide written reasons.

List of Chairmen of the Union Public Service Commission (UPSC)(1926 – 2026)

S.No.	Name	tenure	background
1	Sir Ross Barker	1926 – 1932	First Chairman of UPSC; British ICS officer.
5	H. K. Kripalani	1947 – 1949	Involved in the initial transition to independent rule.
6	R. N. Banerjee	1949 – 1955	First Indian President after independence.
7	N. Govindarajan	1955	Brief tenure.
12	A. R. Kidwai	1973 – 1979	Later served as governor of several states.
16	Rose Million Bathew (Kharbuli)	1992 – 1996	First woman chairperson of UPSC.
32	Dr. Pradeep Kumar Joshi	2020 – 2022
33	Dr. Manoj Soni	2023 – 2024
34	Preeti Sudan	2024 – 2025
35	Ajay Kumar	2025–present	IAS officer (1985 batch); former Defence Secretary.

Functions of the Public Service Commissions

Recruitment related work

Conducts examinations for appointment to All India Services, Central Services, and Union Territory Services.
Assists in planning and implementing joint recruitment, at the request of two or more states.

Advisory Functions

Advice to State Governments:Upon a request from a Governor, the Commission advises the States after receiving the President’s approval.
Consultancy on Personal Management:
- Provides advice on matters related to recruitment practices.
- Advises on principles of appointment, promotion and transfer.
- Gives opinion on suitability of candidates (e.g. before promotion/deputation).
Consultation on disciplinary matters:
- Reprimand
- refusal to raise wages
- Refusal of promotion
- Recovery of lost wages or money
- Demotion
- Compulsory retirement
- removal or dismissal from service
Gives opinion on payment of expenses for defence of civil servants in legal proceedings.
In matters relating to pensions, such as determination of pension on loss of service.
Opinion on short-term appointments, regularization, and appointments for more than one year.
Consultation on matters of extension of service or re-employment of retired officers.
Suggestions on other subjects related to personnel management.

Judicial Observations

The Supreme Court has said that if the government does not consult the UPSC, the decision will not be illegal.
- Consulting UPSC is not mandatory but a guide.
The person selected by the Commission has no inherent right to appointment.
The government should take decisions impartially and without malice.

Additional functions by Parliament

Parliament to UPSC:
- May assign additional duties related to the services of the Union.
- It may also assign private management functions to public bodies, corporations or institutions.

Annual Reports and Accountability

UPSC submits its annual report to the President every year.
The President presents this report to both Houses of Parliament, especially in cases where the advice of the Commission has not been accepted.
In such cases, the decision requires the approval of the Appointments Committee of the Cabinet (ACC).
No ministry or department has the right to reject the advice of UPSC.

Limitations of the Union Public Service Commission (UPSC)

The following subjects are outside the purview of the UPSC, i.e., consultation with the Commission is not necessary in these matters:
1. Appointments related to reservation for backward classes.
2. Appointments taking into account the claims of Scheduled Castes (SC) and Scheduled Tribes (ST).
3. In cases involving the following posts:
  - Chairperson or Member of Commission or other authorities
  - high diplomatic post
  - Most of the posts in Group ‘C’ and ‘D’ services
4. Temporary or officiating appointments of less than one year duration.
5. The President has the power to exclude any post, service or subject from the consultation requirement of the UPSC.
  - However, in such cases the President may:
    - That rule or notification has to be presented in the Parliament at least 14 days in advance.
    - Parliament has the power to amend or repeal that notification.

Role of the Union Public Service Commission

“Guardians of the merit system”:
- The role of UPSC is limited to merit-based appointments and advising.
- It advises the Central Government on promotion, appointment and disciplinary matters.
Limited scope:
- The scope of UPSC does not relate to matters such as classification of services, pay structure, conditions of service, cadre management and training.
- The Department of Personnel and Training (DoPT) is responsible for these subjects.
There is no obligation on the central government to consult:
- The advice of UPSC is advisory and not binding.
- The Central Government only has to tell the Parliament the reason why the Commission’s advice was not accepted.
The government can make rules:
- The Central Government may make rules to regulate the consultancy work of the UPSC.
Impact on the role after 1964:
- After the formation of the Central Vigilance Commission (CVC), the opinion of both the bodies is taken in disciplinary matters.
- If there is a difference of opinion between the CVC and the UPSC, then a problem arises.
- Nevertheless, UPSC, being a constitutional body, is considered more effective than CVC.
- The CVC got statutory status in 2003, whereas the UPSC has been established by the Constitution since its inception.

Important facts

The provisions relating to UPSC were changed by the 15th Constitutional Amendment Act, 1963.
Important Judgments – A.R. Kidwai Case (1979):
- The Supreme Court upheld the appointment of former UPSC chairman A. R. Kidwai as the Governor of Bihar.
- The judgment clarified that the post of Governor is a “constitutional post” and not an employment under the government.
Appointment of Member to Chairman:
- If a member is appointed as the Chairman of the Union Public Service Commission, he can hold office for a term of six years or till he attains the age of 65 years, whichever is earlier.
Removal vs. Dismissal:
- RemovalBut the person is not ineligible for other government services in future.
- DismissalBut he becomes ineligible for government service.
New Ministry – 1985:
- The Ministry of Personnel, Public Grievances and Pensions was established in 1985.
- There are three departments working under it:
  - Department of Personnel and Training (DoPT)
  - Department of Administrative Reforms
  - Department of Public Grievances, Pensions and Pensioners’ Welfare
- Exemption from Advice Regulations:
  - In some cases the government may seek exemption from consulting the UPSC.
  - Such cases are regulated under the “Union Public Service Commission (Exemption from Advice) Regulations”.