UPSC and SPSC

1. Constitutional Provisions and Composition (Articles 315-323, Part XIV)

• The central-level recruiting agency for All India Services and Central Services.
• Consists of a Chairman and such number of other members as the President may determine.
• The Constitution requires that one-half of the members shall be persons who have held office for at least 10 years in the service of the Government of India or of a State.

• State-level recruiting agency for state services.
• Consists of a Chairman and members appointed by the Governor.
• No specific number prescribed — Governor determines.

• Can be established for two or more states under Article 315(1).
• Constituted by Parliament on the request of the state legislatures concerned.
• Members appointed by the President.

• No minimum educational or judicial qualifications prescribed by Constitution.
• Only requirement: Half the members must have held government office for at least 10 years.

2. Term, Removal, and Safeguards for Independence

• The Chairman / members of BOTH UPSC and SPSC can be removed ** ONLY by the PRESIDENT ** (not by the Governor, even for SPSC — this is a key protection for state commissioners from state political pressure).
• Grounds for removal by President:
  1. ** Insolvency ** (adjudged insolvent).
  2. ** Paid employment outside duties** of office.
  3. ** Infirmity of mind or body** (unfit as per the President).
  4. ** Misbehaviour ** — but ONLY after inquiry by the Supreme Court under Article 317(1).
• The first three grounds allow ** direct removal ** by the President.Misbehaviour requires ** SC inquiry **.
• The SC's finding on misbehaviour is binding on the President.

1. Security of tenure — cannot be removed arbitrarily.
2. Expenses charged on Consolidated Fund — not subject to parliamentary vote.
3. UPSC Chairman is NOT eligible for further office under GoI or any state after retirement.
4. SPSC Chairman is NOT eligible for further office in the same state (but can be appointed to UPSC or other state SPSCs).
5. Members of UPSC are NOT eligible for further employment under GoI/states.
6. Members of SPSC ARE eligible for appointment to UPSC or Chairman of another SPSC.

3. Functions of UPSC and SPSC — Exhaustive List

• Conducts exams for appointments to All India Services (IAS, IPS, IFoS) and Central Services Group A and B.
• Conducts exams: UPSC Civil Services Exam, CAPF, CDS, NDA, etc.

1. On methods of recruitment to civil services and posts.
2. On principles to be followed in making appointments, promotions, and transfers.
3. On disciplinary matters affecting civil servants.
4. On claims for reimbursement of legal expenses by civil servants.
5. On matters relating to grant of pensions.
6. On any other matter referred by the President.

• While making reservations of posts for backward classes (Article 320(4)).
• While making appointments to lower posts (where Governor/President may exempt).
• For temporary appointments up to 1 year.

• UPSC presents an annual report of its work to the President, who places it before both Houses of Parliament.
• The report shows cases where UPSC's advice was not accepted — with reasons.

• UPSC is NOT concerned with:
  • Classification of services (done by DoPT — Department of Personnel and Training).
  • Pay scales (done by Central Pay Commission).
  • Training (done by LBSNAA, etc.).
  • Appointments to posts below Group B.

4. Comparison: UPSC vs SPSC

• The ** Sarkaria Commission ** stressed the importance of UPSC's role in ensuring objective recruitment.
• The SC has held that the government cannot circumvent UPSC authority for regular appointments — bypassing UPSC for non-temporary appointments is unconstitutional.