Public Service Commissions Under Union and State

Public Service Commissions (PSCs) are fundamental to India’s administrative structure, ensuring a transparent, merit-based system for recruitment into civil services. As independent constitutional bodies, they maintain the integrity of government appointments, promoting fairness and ensuring that the best-qualified candidates are selected. 

This article explores the Constitutional provisions surrounding Public Service Commissions for both the Union and the States, highlighting their composition, powers, functions, and importance in democratic governance.

Constitutional Foundation of PSCs

Part XIV of the Constitution of India, which includes Articles 315 to 323, governs the functioning of Public Service Commissions in the country. These provisions are designed to establish a transparent, impartial, and independent system of recruitment for civil services at both the Union and State levels.

• Article 315 mandates the creation of a Public Service Commission for the Union and for each State. Additionally, it allows for a Joint Public Service Commission (JSPSC) for two or more States.
• Articles 316 to 323 lay down the provisions regarding the appointment, tenure, powers, functions, and the process of removal of members of the PSCs, as well as their financial independence and accountability.

The constitutional setup ensures that the PSCs operate without interference from the executive, safeguarding the merit-based recruitment process.

Types of Public Service Commissions

India has three types of Public Service Commissions, each designed to serve different levels of government:

Union Public Service Commission (UPSC)

The UPSC is responsible for recruitment to All India Services, which include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Foreign Service (IFS), among others. It also handles appointments to various central government services.

State Public Service Commissions (SPSC)

SPSCs operate at the state level and handle recruitment to various state civil services such as administrative, police, and forest services.

Joint State Public Service Commissions (JSPSC)

A JSPSC may be established for two or more States that agree to share a common PSC. This arrangement allows for joint recruitment to services that are common to the participating States.

Each of these Commissions plays a vital role in maintaining a fair and efficient recruitment process in their respective areas.

Composition of Public Service Commissions

Union Public Service Commission (UPSC)

• Appointment of Members: The Chairman and other members of the UPSC are appointed by the President of India.
• Term of Office: Members hold office for six years or until they turn 65 years of age, whichever is earlier.
• Resignation: A member may resign by submitting a written resignation to the President of India.

State Public Service Commissions (SPSC)

• Appointment of Members: The Chairman and members of the SPSC are appointed by the Governor of the respective State.
• Term of Office: Members serve for six years or until they turn 62 years of age, whichever is earlier.
• Resignation: A member may resign by submitting a written resignation to the Governor of the State.

Joint State Public Service Commission (JSPSC)

• Composition: Like the UPSC, the Chairman and members of a JSPSC are appointed by the President of India.
• Term of Office: Similar to the UPSC, members of a JSPSC hold office for six years or until they turn 62 years of age, whichever is earlier.
• Resignation: Members of a JSPSC can resign by submitting a written resignation to the President of India.

Security of Tenure & Removal of Members

One of the most crucial features of Public Service Commissions is the security of tenure granted to their members. This provision ensures that PSC members can function independently, without fear of political interference or pressure.

Grounds for Removal of Members

A member of a Public Service Commission can be removed only under specific circumstances and following due process:

• Misbehaviour: A member may be removed on the grounds of misbehaviour, but only after an inquiry conducted by the Supreme Court.
• Insolvency: If a member is adjudged insolvent, they can be removed from office.
• Incapacity: A member may be removed if they are deemed unfit to continue due to physical or mental infirmity.
• Paid Employment Outside PSC Duties: A member engaged in paid employment outside their official duties can also be removed.

Suspension of Members

If a member is facing an inquiry for misbehaviour, they can be suspended from office until the inquiry is completed. The suspension is carried out by the President (for UPSC) or the Governor (for SPSC).

Service Conditions of PSC Members

The President (for UPSC/JSPSC) or the Governor (for SPSC) has the power to regulate the number of members, their service conditions, and the number of staff working for the Commission. These regulations ensure that PSC members have clear, secure, and defined roles.

• Non-Retrogression: The conditions of service of a PSC member cannot be altered to their disadvantage once they are appointed.

Post-Term Restrictions

To avoid any conflict of interest, certain restrictions are placed on PSC members once they complete their term:

• UPSC Chairman: After the completion of their term, the Chairman of the UPSC is ineligible for any further government employment under both the Union and State Governments.
• SPSC Chairman: The Chairman of a State Public Service Commission is eligible for appointment as the Chairman of the UPSC or any other SPSC, but not for any other government employment.
• Other Members: Members of the UPSC, other than the Chairman, may be appointed as Chairman of the UPSC or SPSC, but not for any other government post.

These restrictions ensure that the members remain impartial and free from any future bias in government appointments.

Functions of Public Service Commissions

The primary functions of the Public Service Commissions are to:

1. Conduct Examinations: The UPSC and SPSC conduct competitive exams for recruitment to the civil services at the Union and State levels, respectively. These exams are a key part of ensuring that only the most qualified candidates are selected.
2. Provide Assistance for Joint Recruitment: The UPSC assists State governments upon request to formulate joint recruitment schemes for services that require specialised skills. This helps streamline recruitment processes across multiple States.
3. Consultation on Recruitment and Appointments: The UPSC and SPSC are consulted on:
   • Methods of recruitment for civil services and posts.
   • Appointments to civil services and posts, as well as promotions and transfers.
   • Disciplinary matters affecting government employees.

The consultation process ensures that all decisions related to recruitment and appointments are made with due consideration of merit and suitability.

Extension of Functions

Under Article 321, the legislature of a State may extend the functions of the UPSC or SPSC to include recruitment and advisory roles for services of local authorities, public institutions, or bodies corporate constituted by law. This extension ensures that PSCs play a broader role in the administrative system beyond just government services.

Conclusion

Public Service Commissions in India, both at the Union and State levels, play an indispensable role in upholding the principles of fairness, merit, and transparency in civil services recruitment. By ensuring that the recruitment process is free from political interference, these commissions help create a professional, efficient, and accountable bureaucracy.