UPSC and SPSC

Part XIV of the Constitution (Articles 308-323) deals with "Services Under the Union and the States", and within it, Articles 315 to 323 create the framework for Public Service Commissions.

UPSC (Union Public Service Commission):

• 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.

SPSC (State Public Service Commission):

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

Joint Public Service Commission (JPSC):

• 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.

Key Qualification Requirement:

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

Term:

** Removal — Critical Points(Article 317):**

• 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.

Resignation: Chairman/members of UPSC resign to the President; SPSC Chairman/members resign to the Governor.

Safeguards for Independence:

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.

Functions of UPSC (Article 320):

A. Recruitment:

• 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.

B. Advisory Functions (Purely Advisory — NOT Binding):

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.

NOT consulted by UPSC:

• 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.

C. Annual Report:

• 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.

Exclusions:

• 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.

** UPSC as "Watchdog of Merit":** The UPSC acts as a guardian of merit in the civil services, insulating appointments from political interference.

• 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.