What is Power and Functions of Union Public Service Commission?

Introduction

The first Public Service Commission was founded upon October 1st, 1926. Though it is lacking with the instructional purposes quit to meet the people’s expectations and then advanced influence on this regard by the masters of our independence evolution occurred in the frame-up of the Federal Public Service Commission under the Government of India Act 1935. Under this Act, for the first, provision was also provided for the establishment of the Public Service Commission at the provincial level

Articles Relating To Public Service Commission:

• Article 315 – Public service commissions for the Union and the States.
• Article 316 – Appointment and term of office of members.
• Article 317 – Removal and suspension of a member of a Public Service Commission.
• Article 318 – Power to make regulations as to conditions of service of members and staff of the Commission.
• Article 319 – Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
• Article 320 – Functions of the Public Service Commission.
• Article 321 – Power to extend functions of the Public Service Commission.
• Article 322 – Expenses of Public Service Commission.
• Article 323 – Reports of Public Service Commission.

Article 315 of the Indian Constitution administers with Public Service Commissions as the Union and for the States. The UPSC is a lawful body. Constitution- Article 316 deals with the selection and duration of service of members.

The UPSC holds of a chairman and other members selected by the president. One-half of the selected members of the commission should have held office for the smallest ten years either under the government of India or under the government of a state.

The president can designate one of the members of the commission as an assistant chairman if:

1. The office of the chairman of the commission converts vacant; or
2. The chairman of the commission is failing to fill the duties of his office due to absenteeism or for any other cause.
3. Such a member duties as an alternate chairman until a person designated as chairman begins on the functions of the office or till the chairman continues his duties, as the case may be.

Tenure of Chairman and Members:

The chairman and members of the commission serve an office for six years or continuously they succeed at the age of 65 years, whichever is first. The members can resign in between the term by directing their submission to the president. They can also be dismissed by the president following the method provided in the constitution.

Jatinder Kumar v. the State of Punjab

It has remained held by the Supreme Court that the information shall be discussed in clause (3) of Article 320 are not to be interpreted as necessary and therefore, in the inadequacy of discussion the action of the Government under any of the sub-clauses of clause(3) shall not be invalid and ineffective.

Hargovind Pant v. Raghukual Tilak

In this case, it has remained governed by the Supreme Court that a member of a State Public Service Commission can be designated as the Governor of a State. The principal cause for this decision being that the appointment of the Governor, is a high legal office and cannot be said to be under the Government of India.

Duties and Functions

The Duties and Functions of the UPSC are Discussed Here:

1. It administers examinations for placements to the services of the union, which holds all India services, central services, and public services of the union territories.
2. It supports states in raising and engaging schemes of joint recruitment for any services for which applicants holding special abilities are needed if asked by any two or more states do so.
3. It is discussed on the following matters:
4. All objects linking to ways of recruitment to civil services and for civil posts.
5. The policies to be followed in securing appointments to civil services and offices and in performing transfers and improvements from one duty to another and on the suitability of the applicants for such appointments, transfers, and progressions.
6.  All disciplinary concerns concerning a person working under the Government of India in civil space, including memorials or petitions associating with such matters.
7. Any claim of costs acquired by a civil servant in raising legal proceedings initiated against him in recognition of acts done or purporting to be made in the performance of his official responsibility.
8. Any request for the award of a pension concerning damages provided by a person while working under the Government of India and any issue as to the price of any such award.
9. Any matter compared to personnel administration related to it by the president.
10. It offers annually to the president a statement as to the work performed by the commission

Though, the parliament can present extra duties to the UPSC comparing to the duties of the union. It can also elongate the functionality of the UPSC by putting the personnel system of any local administration or other body corporate established by law or of any public institution under it. The yearly statement of the UPSC concerning its administration is presented to the president. The president then makes this report placed before both the Houses of the parliament, commonly with a memorandum describing the cases where the information of the commission was not accepted and the reason for such non-acceptance.

H.S.Bedi v. Patiala.

In this case, the Supreme Court stated that the preparation is a directory and not compulsory and any employment by the Government without discussing the Commission would not be unreasonable.

Kesava v. State of Mysore 

The Mysore High Court has continued that considering the Commission is an advisory or a consultative body to the Government, and also because under Art.323 the Government has to describe the purposes for non- taking off the Commission proposal, it is not subject to the Commission to deny any knowledge required by the Government.

Role Analysis of UPSC

UPSC is the primary recruiting power. It is capable to manage the meritocracy practice and take in the best proper people for the offices. It leads the research and conveys its proposal to the authority for the recruitment of the personnel for all-India services and central services in group A and group B. The purpose of the UPSC is consultative and not necessary for the government. Nevertheless, the government is accountable to the parliament, in case, it refuses the proposal of the commission. Furthermore, the UPSC is only involved with the research process and not with the kind of services, staff supervision, exercise, service conditions, etc. These elements are controlled by the Department of Personnel and Training under the Ministry of Personnel, Public Grievances and Pensions. The council discusses the UPSC on promotion and disciplinary affairs.

Conclusion

So, it is obvious that the Public Service Commission is lawful and nonpartisan administration. It performs a crucial role in the election and promotion of persons to public services. The Commission has to perform its duties, and services in a nonpartisan and accurate manner unbiased by the dictates of any other authorization. The Public Service Commission is supposed to be fair and unbiased and to operate free from any authority from any quarter, these bodies have not always managed these high insignia in some of the States.