Articles 315 to 323 of the Constitution Explained: Understand What is UPSC

UPSC is a premier recruiting agency that conducts exams like Civil Services Exam (CSE) to recruit candidates into top government services like IAS, IPS, IFS, etc. Established on 1 October 1926 as Public Service Commission, it was later reconstituted as Federal Public Service Commission by the Government of India Act 1935; only to be renamed as today's Union Public Service Commission after the independence. 

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What is UPSC?

Union Public Service Commission (UPSC) is the nodal recruiting agency for the Government of India. It is responsible for recruiting candidates for the All India Services, Central Services, and Cadres, as well as the Armed Forces of the Union of India.

The UPSC is mandated by the Indian Constitution to make appointments to the All India Services and Central Services Group A and B, as well as to develop and update testing methodologies for these recruitments with input from various departments. Apart from this, UPSC is also consulted on matters related to the promotion and transfer of personnel as well as any disciplinary matters involving a civil servant serving in a civil capacity. 

Sir Ross Barker was the first Chairman of the UPSC, who joined in October 1926 and hold the post till August 1932. Presently, Dr. Pradeep Kumar Joshi is the Chairman of UPSC. 

List of Former Chairmen of the UPSC

UPSC Headquarters

The headquarters of the commission is located in New Delhi. 

Constitutional Arrangements about UPSC (Article 315-323)

Article 315-323 in part XIV of the Indian Constitution provides for the establishment of the Public Service Commission for the Union and a Public Service Commission for each state. Let’s discuss the provisions under each of these articles in detail:

➜ Article 315 - Public Service Commissions for the Union and for the States

• Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
• Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.
• Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
• The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President, agree to serve all or any of the needs of the State.
• References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

➜ Article 316 - Appointment and term of office of members

• The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of a State.

• A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty-five years, and in the case of a State Commission or a Joint Commission, the age of sixty-two years, whichever is earlier:
• A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office.

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➜ Article 317- Removal and suspension of a member of a Public Service Commission

• Subject to the provisions, the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehavior after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed.
• President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman or such other member, as the case may be,—

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

➜ Article 318 - Power to make regulations as to conditions of service of members and staff of the Commission.

In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations—

• determine the number of members of the Commission and their conditions of service, and make provision with respect to the number of members of the staff of the Commission and their conditions of service:

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

➜ Article 319 - Prohibition as to the holding of offices by members of the Commission on ceasing to be such members.

On ceasing to hold office-

• the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
• the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
• a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
• a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

➜ Article 320 - Functions of Public Service Commissions

• It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.
• It shall also be the duty of the Union Public Service Commission if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
• The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted on all matters relating to methods of recruitment to civil services and for civil posts and more.

➜ Article 321 - Power to extend functions of Public Service Commissions.

An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

➜ Article 322 - Expenses of Public Service Commissions.

The expenses of the Union or a State Public Service Commission, including any salaries, allowances, and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

➜ Article 323 - Reports of Public Service Commissions.

It shall be the duty of the Union Commission to present 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 thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

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