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Public Service Commissions in India

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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. How is the removal of the Chairman and members of the Public Service Commission done in India?

Chairman and members of SPSC are removed by the President (though they are appointed by the Governor of India, only the President can eliminate them from their post). On the other hand, in case of the UPSC, the chairman as well as the members are also removed by the President on the ground of the misbehaviour as per the constitution. 

2. What are the conditions for the removal of the Chairman and members of PSC?

Following are the conditions for the elimination of the chairman or other members of SPSC by the President:

  • If he/she is deemed as insolvent

  • If he/she is involved in any kind of paid employment apart from the duties of his office

  • If he/she, in the viewpoint of the president, is unfit or unhealthy to continue in office.

  • The president can also eliminate the chairman or other members on the basis of misconduct. In such a circumstance, the president has to refer the issue to the Supreme Court.

3. How is the Chairman and members of PSC reappointed after retirement?

It is NOT granted in the Indian Constitution to reappoint the Chairman of the State PSC cannot for the next term in the same PSC. Although, he/she can be appointed as the chairman or member of UPSC or chairman of other PSC or JPSC.


Member: A member of the state PSC cannot be reappointed for the next term in the same PSC. Though, he/she can be appointed as the chairman of that PSC or chairman or member of other PSC/UPSC or JPSC.

4. What is the term of service of chairman and members of the public service commission in India?

In case of Union Public Service Commission, the chairman as well as members are ought to serve their duties for 6 years or until they attain the age of 65 years, whichever is earlier whereas in case of State Public Service Commission, the term is 6 years and upto 62 years of age, whichever is earlier.