UPSC & SPSC: Constitutional Provisions, Functions & Independence

Introduction

The Constitution of India has established a number of bodies that help to maintain a democratic function within the country, and those bodies include bodies like the Election Commission, UPSC etc.

The greatest misconception about UPSC by aspirants and the general public is its belief that the only purpose of UPSC is for recruiting IAS Officers; this is simply not the case.

In reality, The true purpose of the Commission is to recruit for many Central Government Services (not just IAS), which also includes the following:

• IPS (Indian Police Service)
• IFS (Indian Foreign Service)
• IRS (Indian Revenue Service)
• Defence Services (Indian Defence Services)
• All other Group-A (Civil Service) & Group B (Non Civil Service) Central Government Services.

Therefore, it is important to note that the Constitution recognizes the UPSC and the State Public Service Commissions (SPSC) as independent constitutional bodies in India. Additionally, They function as autonomous organisations with the sole purpose of ensuring merit-based recruitment at all levels and maintaining an impartial and neutral administration across the Republic of India.

Constitutional Framework of UPSC & SPSC (Articles 315–323)

Articles 315 to 323 of the Indian Constitution establish and govern the Public Service Commissions.

• Article 315 – Establishment of UPSC and SPSC
• Article 316 – Appointment and tenure of Chairman and members
• Article 317 – Removal and suspension of members
• Article 318 – Power of the President/Governor to make regulations
• Article 319 – Restrictions on holding offices after completion of tenure
• Article 320 – Functions of Public Service Commissions
• Article 321 – Extension of functions by law
• Article 322 – Expenses charged on the Consolidated Fund
• Article 323 – Submission of reports to President/Governor

UPSC Favourite Area: Articles, functions, and provisions ensuring independence of Public Service Commissions are frequently asked in Prelims.

Union Public Service Commission (UPSC)

Composition

The structure of the Union Public Service Commission (UPSC) consists of a Chairperson and Members, with the Chairperson and Members appointed by the President of India. Furthermore, The number of Members is not defined by the Constitution and is determined by the Commission based on their experience in:

• Public Administration
• Public Service

Also, Half of the members should have 10 years of experience in above two.

Tenure & age

Chairman and members of UPSC will hold office for a term of

• Six Years, or
• Until 65 years of age, whichever occurs first

Removal

Chairman and members of UPSC could be removed or suspended by the President of India (i.e. through the powers of the Constitution).

Dismissal and Suspension

A Member will only be removed by the President because of insolvency, physical/mental infirmity, or taking paid outside employment.

Reasons for Removal accprding to article 317-

1. Misbehaviour
2. Incapacity

If Misconduct is involved, there will be a mandatory investigation by the Supreme Court. Therefore, This process protects UPSC from political interference

Independence of UPSC

The Constitution grants UPSC several strong guarantees for its independence:

• UPSC’s Salary and Expenses are paid out of the Consolidated Fund of India.
• The conditions of the Member’s Service cannot be changed to their detriment.
• Restrictions following retirement: The Chair of UPSC cannot hold future Government appointments, only removed in accordance with the Constitution.
• This ensures that UPSC carries out its work free from political influence.

Responsibilities of UPSC

The UPSC has three main responsibilities:

-To conduct exams for:

• All India Services
• Central Civil Services
• To advise on:
  – Rules for recruiting
  – Promotions and transfers
  – Disciplinary items
• Submit an annual report to the President of India.

Limitations of UPSC

UPSC has several limitations despite its important functions.

• It is primarily an advisory body; therefore, will not be binding on the Government.
• It will not chair State Services.
• The UPSC will not employ Temporary or Casual Employees.
• UPSC does not have the power to enforce any recommendations.

State Public Service Commission (SPSC)

Composition of State Public Service Commission (SPSC)

• A Chairman and other members
• Appointed by the Governor of the State
• Overall composition of SPSC is similar to that of UPSC.

Appointment and Tenure

• Appointed by the Governor.
• Tenure = 6 years or up to age 62 (whichever occurs first).

Removal and Suspension

• A member of the SPSC can be removed by the President of India.
• The procedure for removal is the same as that of UPSC – in the case of any misbehavior, there is to be an inquiry by the Supreme Court. This is meant to protect SPSC members from any pressure from political parties at the state level.

Independence of State Public Service Commission (SPSC)

The Constitution guarantees certain safeguards to maintain the independence of the SPSC:

• All expenses of SPSC will be charged to the Consolidated Fund of the State.
• The service conditions of the SPSC are protected, and no changes to the service conditions shall be made that are disadvantageous to the members of the SPSC.
• After the end of their service as members of the SPSC, members may not serve in any capacity that may be subject to any undue influence or abuse of office. Functions of the State Public Service Commission (SPSC)

Functions of the State Public Service Commission

Functions of the State Public Service Commission are similar to those of the UPSC, but the SPSC functions within the State framework.

The main functions of the State Public Service Commission are as follows:

• Conducting examinations for both State Civil Services and State Police Services;
• Providing advice to the State Government regarding recruitment and appointments;
• Providing advice regarding promotions and disciplinary matters; and
• Submitting an annual report to the Governor of the State.

Limitations of SPSC

Despite being a constitutional body, SPSC has certain limitations:

• Its role is advisory in nature
• Jurisdiction is limited to state services only
• The State Government is not bound to accept its advice

UPSC Prelims PYQs on UPSC & SPSC

Union Public Service Commission (UPSC)

State Public Service Commission (SPSC)

UPSC vs SPSC: Comparison

Conclusion

UPSC and SPSC play a crucial role in maintaining the strength of Indian democracy. They:

• Ensure merit-based recruitment in civil services
• Keep administration neutral, professional, and efficient
• Strengthen constitutional governance by preventing political interference

Without independent Public Service Commissions, fair recruitment and efficient administration would not be possible in a democratic system.

FAQs-Frequently Asked Questions

I) Is UPSC only responsible for the recruitment of IAS Officers?

Answer: No. Aside from recruiting IAS, UPSC also recruits individuals as Police Officers, Forest Officers and Revenue Officers under all other Central Departmental Services (and Defence Services) as Officers of other Services in Group A & B of the Central Government (or in some cases, other Groups), etc. IAS is merely one of the roles UPSC plays in relation to recruitment

II) Is the Government authorized to reject advice received from either the UPSC or the State Public Service Commission (SPSC)?

Answer: Yes. Both UPSC’s and SPSC’s recommendations to Government are recommendations only. The Government of India is not legally required to accept these recommendations, although it generally does so.

III) By whom is the SPSC removed?

Answer: The SPSC members are removed by the President of India following the same processes required for UPSC Members (including mandatory Supreme Court inquiry) as a result of misbehavior.

IV) What provisions exist to secure the independence of the Public Service Commission?

Answer: UPSC and State Public Service Commissions (SPSC) enjoy some protections for independence through: the security of tenure; the rigorous removal process; payable salaries to the Public Service Commission “charged” against the Consolidated Fund of India; the rights of members to represent; and the restrictions after retirement

V) Do the Constitution of India directly mention IPS and UPSC/SPSC?

Answer: Yes. Articles 315 – 323 of The Constitution of India formally establishes both the IPS/UPSC and the SPSC as statutory entities.