Union Public Service Commission (UPSC)

UPSC

In a democratic government, civil service is a crucial institution responsible for assisting the political executive in the country’s governance. The task of selecting the right individual to be recruited for the country’s highest service is vested in the Union Public Service Commission (UPSC).

UPSC is an independent constitutional body formed under Article 315 for recruiting civil servants at the central level. Articles 315 to 323 in Part XIV of the Constitution describe the composition, appointment and removal of members and various aspects related to independence, powers and functions of the UPSC.

The constitutional status of the Commission played a significant role as it could function without being influenced by political or other extraneous considerations. Therefore, it safeguards against any potential interference with the authority and ensures the independence of the Commission, either by the legislature or the executive.

Apart from the Constitution, UPSC derives its functions from other sources like the laws made by the Parliament, rules, regulations, orders of the executive, and conventions.

Composition, Appointment and Tenure of UPSC Members

Composition and strength of UPSC

The constitution states that the chairman and ‘other’ members of the UPSC are to be appointed by the President of India. The total strength of the Commission is not specified in the Constitution, but it has been left to the discretion of the President.

• Strength: Currently, the sanctioned strength of UPSC is 10 members (excluding the chairman) as per UPSC (Members) Regulations, 1969. Usually, the Commission comprises nine to eleven members, including the Chairman. Currently, only seven members are appointed in UPSC.
• Qualification: No specific qualification is prescribed for the members of the Commission. However, the Constitution under Article 316 states that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of a state or the Government of India. (i.e. half of UPSC members are ex-civil servants)
• Appointment as acting chairman: The Constitution allows the President to appoint one of the members of UPSC as an acting chairman if:

1. 1. The office of Chairman falls vacant, or
   2. The Chairman is not able to perform his functions due to absence or any other reason.

The acting Chairman remains in office until the Chairman resumes his duties or any other person is appointed as Chairman.

Conditions of Service of UPSC Chairman Members:

1. The condition of service of the Chairman and other members of the Commission is determined by the President.
2. Tenure: The Chairman and members of the Commission can hold office for a term of six years or until they turn 65, whichever is earlier. However, they can renounce their offices by addressing their resignation to the President.
3. Removal: The President can remove the Chairman and members of UPSC before the expiry of their term in the manner as provided in the Constitution.

Removal of UPSC Chairman and Members

The Chairman or any other member of UPSC can be removed from office by the President under the following circumstances:

• If he is adjudged insolvent (bankrupt);
• If, during his term of office, he engages in any paid employment outside the duties of his office or
• If, in the opinion of the President, he is unfit to continue in office by reason of infirmity of mind or body.