Public Service Commissions in India - The Recruitment Bodies
The emergence of the Public Service Commission (PSC) in India can be traced back to the consistent calls raised by the well-educated civilians of India for admission into the Indian Civil Service. Under Article 312 of the Constitution of India, the Parliament accredits the formation of one or more All India Services as well as All India Judicial Service common to the states and union.
The Union Public Service Commission (UPSC) is an authorized independent constitutional body to make the recruitment to all these services. While the recruitment for administrative services at the state level is made by the State Public Service Commission (SPSC).
Provisions of UPSC and SPSC
The provisions with respect to the composition of UPSC, appointment, as well as removal of its members, and the roles, powers, and functions of UPSC are given in Part XIV of the Indian Constitution under Article 315 to Article 323.
Simultaneous to the UPSC at the Centre, there exists a State Public Service Commission (SPSC) in the states. The provisions in context to the composition of SPSC, designation, and removal of its members, and the roles, powers, and functions of SPSC are given in Part XIV of the Constitution of India under Article 315 to Article 323.
The List of Constitutional Provisions are Given Below:
Article 315: Constitution of Public Service Commission at the Union and states level.
Article 316: Appointment and term of office of members of UPSC as well as SPSC.
Article 317: Removal and suspension of a member of both the UPSC or SPSC.
Article 318: Power to make regulations for the conditions of service of members and staff of the Commission.
Article 319: Prohibition of holding the office by members of Commission upon ceasing to be such members.
Article 320: Functions of Public Service Commissions.
Article 321: Power to extend functions of Public Service Commission.
Article 322: Expenses of Public Service Commissions.
Article 323: Reports of Public Service Commissions
Important Key Points About UPSC & SPSC
The appointment of the Chairman as well as the members of the UPSC are done by the President whereas it is done by the Governor of the concerned state in case of the SPSC.
The term is said to be 6 years and 65 years whichever is less whereas in case of the SPSC, it is 62 years and 6 years whichever is less.
Reappointment is not allowed.
Resignation can be given by the member to the President in the written form in the case of the UPSC and to the Governor in case of the SPSC.
Removal also can be done by the President on the ground of misbehavior, both in the case of the UPSC and SPSC.
State PSC
The report by Montagu-Chelmsford executed a provision with respect to the demand of the Indian Youth and finally the Government of India Act, 1919 paved the path for the creation of the public service commissions in India of the GOI, 1919 given for the constitution of a PSC to govern the recruitment and control the public services commission in India and carry out such functions as may be allocated thereto by Rules formed by the Secretary of State in Council.
The approval of the GOI Act, 1919 was followed by a prolonged correspondence extending over four years between the local governments, GOI, and the Secretary of State with respect to the framework of the body to be established. Immediately after, the Lee Commission in its report dated 27th March 1924, prescribed the constitution of the Public Service Commission as recommended by the Government of India Act, 1919 without any further delay.
Functions of State Public Service Commission
A state PSC conducts all those functions at the state level as UPSC does at the central level. Therefore, a state PSC is held responsible for the following:
It carries out examinations for the appointment of the services at the state level.
It is taken into consideration of the following decisions with respect to personnel management:
Techniques of recruitment and selection to the civil posts and state civil service.
Principles and policies to be taken into account in these recruitments.
Disciplinary matters.
In developing promotions and shifts from one service to another.
Remember that the decisions and recommendations provided by the State Public Service Commission are advisory in nature and not obligatory or binding in nature.
Qualification for PSC
The qualification of the chairman and other members for public service commission is NOT SPECIFIED in the Indian Constitution. However, there is a case condition mentioned that one-half of the members of the commission should be such individuals who have taken the charge of the office for a minimum of 10 years either under the state government or government of India.
The public service commissions in India consist of a Chairman and other members (However, the number of other members is not fixed. It is identified by the Governor of the state). Even the chairman and other members are appointed by the Governor as well as resign to the Governor.
The UPSC shall submit an annual report to the President of India consisting of the work done by the Commission. Moreover, the expenses of the UPSC including salaries, allowances and pensions, and staff remuneration of the Commission are charged on the Consolidated Fund of India.
PSC Exam Full Form
Public Service Commissions or State PSC are the governmental organizational bodies under a respective state accountable for holding the examinations for gazette posts or non-gazette. These bodies are constitutional in nature and supposed to be under the Union Public Service Commission.
PSC represents the Public Service Commission. The public service commission is a central administration that is accountable for organizing and managing the exams that are held for jobs under different categories.
The most famous competitive exam that is held by the UPSC is the CSE Exam i.e Civil Services Examination and this is held every year. The UPSC releases its exam calendar which consists of important details of the upcoming exams that are conducted by the UPSC. Similarly, the state level civil services exams and other exams are conducted by the State PSCs.
Conclusion
Thus, in this article, we have covered basic important details of the Public Service Commission at the Union and at the States level. Besides these, if two or more states may agree, can request for the establishment of the Joint Public Service Commission. The major purpose of these bodies is to conduct the examinations for the recruitment of various government departments. Every year lakhs of students appear in these examinations.
FAQs on Public Service Commissions in India
1. What are the different types of Public Service Commissions in India as per the Constitution?
The Indian Constitution provides for three types of Public Service Commissions to handle recruitment for public services at different levels. These are:
- Union Public Service Commission (UPSC): Conducts examinations for recruitment to All-India Services and Central Services.
- State Public Service Commission (SPSC): Each state has its own SPSC for recruitment to state services.
- Joint Public Service Commission (JPSC): Established by an act of Parliament for two or more states upon their request.
2. What are the primary functions of the Union Public Service Commission (UPSC)?
The primary function of the UPSC is to serve as the central recruiting agency in India. Its key responsibilities include conducting examinations for appointments to the services of the Union, advising the President on matters related to recruitment methods, promotions, transfers, and disciplinary actions concerning civil servants.
3. What is the composition and term of office for members of the UPSC and SPSCs?
A Public Service Commission consists of a chairman and other members. For the UPSC, they are appointed by the President of India and hold office for a term of six years or until they attain the age of 65, whichever is earlier. For an SPSC, members are appointed by the Governor of the state and hold office for six years or until they reach the age of 62, whichever comes first.
4. What is the constitutional basis for the establishment of Public Service Commissions in India?
The foundation for Public Service Commissions is laid down in Part XIV of the Constitution of India. Specifically, Articles 315 to 323 detail the provisions regarding the establishment, composition, appointment, removal, functions, and independence of the Union and State Public Service Commissions.
5. How are the chairman and members of a State Public Service Commission (SPSC) appointed and removed?
The chairman and members of a State Public Service Commission (SPSC) are appointed by the Governor of that particular state. However, they can only be removed from office by the President of India. This unique provision ensures their independence from state-level executive influence.
6. Why is the President of India responsible for removing SPSC members, even though the Governor appoints them?
This constitutional arrangement is a crucial measure to safeguard the independence and impartiality of the SPSC. By vesting the power of removal with the President, the Constitution ensures that members are protected from arbitrary action by the state executive. This prevents them from being penalised for making recommendations that may be politically unpopular within the state, thereby upholding the merit-based system of recruitment.
7. Under what specific conditions can a member of a Public Service Commission be removed from office?
The President can remove a chairman or member of a PSC under the following conditions:
- If the person is adjudged an insolvent.
- If they engage in any paid employment outside the duties of their office.
- If they are deemed unfit to continue in office due to an infirmity of mind or body.
- For misbehaviour, but only after the Supreme Court has conducted an inquiry and upheld the cause of removal.
8. Are members of a Public Service Commission eligible for reappointment after their term ends?
To ensure impartiality, there are strict rules regarding reappointment. The Chairman of the UPSC or an SPSC is not eligible for a second term in the same office. A member of an SPSC, upon completion of their term, is eligible for appointment as the chairman of that SPSC, or as a chairman or member of the UPSC or another SPSC, but not for any other employment under the Government of India or a state.
9. How do Public Service Commissions ensure their independence and impartial functioning?
The Constitution includes several provisions to ensure the independent functioning of PSCs. These include a fixed tenure for members, security from arbitrary removal, the charging of their expenses to the Consolidated Fund of India (or the state), and strict prohibitions on post-retirement appointments to prevent them from seeking favours from the government.
10. What is a Joint Public Service Commission (JPSC) and when is it formed?
A Joint Public Service Commission (JPSC) is a constitutional body created to serve the recruitment needs of two or more states. It is not a permanent body and is established by an Act of Parliament only when the legislatures of the concerned states pass a resolution requesting its formation. The chairman and members of a JPSC are appointed by the President of India.
