The Union Public Service Commission (UPSC) is the central recruiting agency in India. It is an independent constitutional body in the sense that it has been directly created by the Constitution. Articles 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC.

Composition

• The UPSC consists of a chairman and other members appointed by the president of India.
• The Constitution, without specifying the strength of the Commission has left the matter to the discretion of the president, who determines its composition.
• Usually, the Commission consists of nine to eleven members including the chairman.
• Further, no qualifications are prescribed for the Commission’s membership except 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 India or under the government of a state.
• The Constitution also authorizes the president to determine the conditions of service of the chairman and other members of the Commission.
• The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.
• However, they can relinquish their offices at any time by addressing their resignation to the president.
• They can also be re¬moved before the expiry of their term by the president in the manner as provided in the Constitution.

Appointment

The President can appoint one of the members of the UPSC as an acting chairman in the following two circumstances :

(a) When the office of the chairman falls vacant; or

(b) When the chairman is unable to perform his functions due to absence or some other reason.

The acting chairman functions till a person appointed as chairman enters on the duties of the office or till the chairman is able to resume his duties.

Removal

The President can remove the chairman or any other member of UPSC from the office under the following circumstances:

(a) If he is adjudged an insolvent (that is, has gone bankrupt);

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or

(c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

• In addition to these, the president can also remove the chairman or any other member of UPSC for misbehaviour.
• However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member.
• Under the provisions of the Constitution, the advise tendered by the Supreme Court in this regard is binding on the president.
• During the course of enquiry by the Supreme Court, the president can suspend the chairman or the member of UPSC.
• Defining the term ‘misbehaviour’ in this context, the Constitution states that the chairman or any other member of the UPSC is deemed to be guilty of misbehaviour if he (a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or (b) participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.

Powers, Functions and Responsibilities

• The functions of Union Public Service Commissions have been laid down in Article 320.
• The duty of the Union Public Service Commission will be to conduct examinations for appointment to the services of the Union.
• The Union Public Service Commission may, if requested by any two or more states, assist them in framing and operating a scheme of joint recruitment for any services for which candidates possessing special qualifications are required.
• The commission has a right to be consulted on all matters relating to methods of recruitment, principles of appointment, in making promotions and transfers from one service to another, on all disciplinary matters affecting a government servant Parliament may by law confer additional power to be exercised by the commission.
• All expenses of the commission will be charged upon the Consolidated Fund of India.
• The Public Service Commission is required to submit annually to the President a report as to the work done by the commission and on receipt of such report the President shall cause a copy of the report to be laid before each House of Parliament.
• It is also the duty of the Union Public Service Commission to summit a monthly report to the President and then after the report is examined by the President it is sent to each House of Parliament.

Impartiality of Union Public Service Commission

• In order to ensure the impartiality of the Union Public Service Commission, the Commission has been declared an independent statutory body, which is responsible to the Parliament, through the Ministry for Home Affairs, for all its activities.
• The appointments in the commission are made by the President and thus both in the cases of appointment and dismissal the political government has no hand.
• Similarly, the members of the Service Commission will continue to hold office for a fixed tenure, during their good behaviour.
• As a further measure towards securing impartiality, it has been provided that during the tenure of their office and after retirement the members of the service commission shall not accept any gainful employment without the prior permission of the government.