"Powers and functions of upse ”

FINAL DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE

COURSE

TITLED-
Political science

SUBMITTED TO- Dr.sp.singh

SUBMITTED BY SANKALP YASH

COURSE: B.A. L.L.B (Hons.)

FACULTY OF political science ROLL NO- 1969

SEMESTER- 1st

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA

 ACKNOWLEDGEMENT

I would like to express my special

thanks of gratitude to my faculty
DR.SP SINGH who gave me the golden
opportunity to do this wonderful project
on the topic- “POWERS AND FUNCTIONS OF
UPSC ” which
also helped me in doing a lot of
Research and I came to know about
different nuances associated with this
topic of our Indian polity. Secondly I
would also like to thank my parents and
friends who helped me a lot in
finalizing this project within the limited
time frame

Sankalp yash vardhan

I hearby declare that the work which is submitted for the
fulfilment of the course of B.A.L.L.B (Hons.) at Chanakya
National Law University, Patna under the supervision of Dr.
SP Singh is an authentic record of my work. In this project I
took help from other sources. I have not submitted this work
elsewhere.
I am fully responsible for the contents of my project report.

Sign:
Sankalp yash vardhan
Roll- 1969
Semester- 1st
Year -1st

INTRODUCTION

The UPSC is a central agency that has great

responsibility for conducting examinations pertaining to
Civil Services, Engineering Services, Defence Services,
and Medical Services. It also conducts Economic
Service, Statistical Service, and Police Forces
examination.
The Union Public Service Commission of India was
formed by the British Government during the British rule.
In 1924, Lee Commission had suggested in its report for
the establishment of an independent and impartial
Public Service Commission for India and on the basis of
such recommendation, the Union Public Service
Commission was established in 1926.

Consequently by the government of India Act 1935,

Public Service Commission was established separately
for both the central and the state government services.
After independence, arrangements were made to
establish an independent and neutral Union Public
Service Commission for the said purpose following the
pattern adopted in the Government of India Act 1935.

TABLE OF CONTENTS

1 ACKNOWLEDGEMENT

2 DECLARATION

3 ITNRODUCTION

4 COSTITUTIONAL
PROVISIONS
5 APPOINTMENT AND
TENURE

6 FUNCTIONS OF UPSC
7 OTHER FUNCTIONS OF UPSC

8 INDEPENDENCE OF UPSC

9 UPSC AND CENTRAL

VIGILANCE COMMISSION

10 MECHANISM

11 SUGGETIONS FOR
REJUVINATION OF UPSC

12 POWERS OF UPSC

13 DATA SOURCES
 14 CONCLUSION

Constitutional Provisions
1. Article 315 to 323 of Indian Constitution has a provision
for such an agency.
2. According to Act 315 of the constitution of India, there
shall be a permanent Union Public Service Commission
for appointment to the various posts of the central
government services.
3. Similarly, as Act 318 of the constitution of India also
stated that the Union Public Service Commission will be
constituted with a chairman and a fixed number of
members; the number of such members and the terms
and conditions of their service is to be determined by the
President of India. The President, as such, appoints the
Chairman and other members of the commission for a
period of six years.

Appointment and Tenure

1. The Commission consists of a Chairman and ten other
members. They are appreciative to follow the rules
mentioned in Union Public Service Commission
(Members) Regulations, 1969.
2. All the members of the commission are appointed by the
President of India with at least half of the members
being the Civil Servants (working or retired) with no less
than ten years of experience in Central or State service.
3. The Constitution of India has also espoused certain
measures to guarantee the neutrality and fairness of the
U.P.S.C.
4. The Chairman of the Union Public Service
Commission has not been authorized to take any office
of profit under the central or any of the state
governments after his retirement from service as
chairman.
5. Furthermore, before the expiry of their term of service,
the executive cannot remove the Chairman or any of the
members of the commission from their service. They
can be removed only through the means stipulated in
the constitution. Apart from this, once these members
are appointed the terms and conditions of their services
cannot be changed.
6. Art. 322 announces that the remuneration and
allowances of these members including the chairman
will be considered as expenditure charged upon the
Consolidated Fund of India, which means that their
salaries and allowances are not subjected to the
approval of the Parliament.
7. The Secretariat of UPSC is led by a Secretary, two
additional secretaries, joint secretaries, and deputy
secretaries.
8. Every member can hold office for six years or till the
time he attains the age of 65 years, whichever is earlier.
9. A member can submit his resignation at any time to the
President of India.
10. On the other side, the President can eliminate him
on the basis of misbehaviour.
11. The UPSC submits a report of its work to the
President annually. The report is then tabled in both
houses of Parliament for discussion. The President
 places a memorandum in relation to the cases where
the commission’s recommendations were not accepted.
The memorandum elucidates the reasons for non-
acceptance.
Functions of Union Public Service Commission
The duty of the Union Public Service Commission will be
to conduct examinations for appointment to the services
of the Union. Art. 320 of the constitution of India have
categorically itemized the functions of the Union Public
Service Commission (Tummala, 1994).

1.
1. Foremost function of Union Public Service
Commission is to advocate for appointment in
administrative services the meritorious and potential
young men and women after selecting them through
All India competitive examinations.
2. Another function of U.P.S.C. is to assists them in
framing and operating schemes of joint recruitment for
any service for which candidates possessing special
qualification.
3. Union Public Service Commission advises the
President on “all matters relating to methods of
recruitment to civil services and for civil posts.
4. Principles to be followed in making appointments to
civil services and posts and in making promotions and
transfers from the service to another and on the
suitability of candidates for such appointments
promotions or transfer.
5. Next function is to look at all disciplinary matters
affecting a person serving under the Government of
India or the Government of a State in a civil capacity,
 including memorials or petitions relating to such
matter.
Other functions of Union Public Service Commission are
as under:
1. To conduct examinations for appointment to the services
of the Union and conduct interviews for direct
recruitment.
2. To advise on any matter referred to them and on any
matter which the president may refer to the appropriate
commission.
3. To exercise such additional functions as may be
provided for by an Act of Parliament regarding the
services of the Union and also with respect to the
services of any local authority constituted by law.
4. It shall be the duty of the Union Public Service
Commission if requested by any two or more states, to
assist those States in framing and operating schemes of
joint recruitment for any service.
5. It is generally compulsory for the Government of India to
consult the Union Public Service Commission in respect
of all the above matters. Nevertheless, the President
has the power to make rules, specifying the matters in
which, either generally or in particular circumstances the
commission may not be consulted. Under the Union
Public Service Commission (exemption from
consultation) regulations framed by the President in
1958, it is not obligatory for the President to consult the
U.P.S.C. in the following cases.
6. Posts in respect of which the authority of appointment,
has specifically been conferred by the constitution in the
President, Chairman of members of any Board, Tribunal
Commission, Committee or any other similar authority,
 created under a statute or under the authority of a
resolution of either Houses of the Parliament or by a
resolution of the government of India for conducting an
enquiry into any matter or advising the government of
specified matters.
7. Posts concerned with the administration of North-East
Frontier Agency and any service or post in respect of
which the commission has agreed that it is not
necessary for it to be consulted. The temporary and
officiating appointments can also be made without
consulting the U.P.S.C. provided the incumbent is not
likely to hold the post for more than a year. But
intimation has to be sent to the commission regarding
such appointment as soon as the posts are filled.
Similarly there is no need to make any reference to the
commission regarding the reservation of posts in favour
of backward classes, Scheduled Castes, Schedule
Tribes.
8.
Independence of UPSC
The Constitution has made the following provisions to
safeguard and ensure the independent and impartial
functioning of the UPSC:

1.
1. The chairman or a member of the UPSC can be
removed from office by the President only in the
manner and on the grounds mentioned in the
Constitution. Thus, they enjoy security of tenure.
2. The conditions of service of the chairman or a
member, though determined by the President, cannot
be varied to his disadvantage after his appointment.
3. The entire expenses including the salaries,
allowances, and pensions of the Chairman and
members of the UPSC are charged on the
Consolidated Fund of India and are not subject to the
vote of Parliament.
4. The chairman of the UPSC on ceasing to hold office is
not eligible for further employment in the Government
of India or any state.
5. A member of the UPSC is eligible for appointment as
the Chairman of UPSC or a State Public Service
Commission but not for any other employment in the
Government of India or any state
6. The chairman or a member of UPSC is not eligible for
reappointment to that office for a second term.
UPSC and Central Vigilance Commission
Since the emergence of CVC, the role of UPSC in
disciplinary matters has been affected. Both are
consulted by the government while taking disciplinary
action against a civil servant. Here, UPSC being an
independent body has an edge over CVC which got
statutory status in 2003. Recently, in order to ensure
speedy

Here, UPSC being an independent body has an edge

over CVC which got statutory status in 2003. Recently,
in order to ensure speedy finalisation of disciplinary
matters and to avoid possibilities of the difference of
opinion between UPSC and CVC, it has been decided
as a policy to prescribe only one consultation- either with
CVC or UPSC. However, in disciplinary cases wherein
UPSC is not required to be consulted, the consultation
with CVC would continue to be made.
 However, in disciplinary cases wherein UPSC is not
required to be consulted, the consultation with CVC
would continue to be made.

Exemptions

In order to exempt some posts which for reasons of

National Security or some other reasons may not be
required to be referred to the Commission for their
advice, the Union Public Service Commission
(Exemption from Consultations) Regulations were
issued on September 1, 1958, under Article 320(3)(a)
and (b) of the Constitution. These Regulations are
amended or revised as and when the need arises. The
following matters are kept outside the purview of UPSC:

1. While making reservations of appointments or posts in

favour of any backward class of citizens
2. While taking into consideration the claims of scheduled
castes and scheduled tribes in making appointments to
services and posts
3. With regard to the selections for chairmanship or
membership of commissions or tribunals, posts of the
highest diplomatic nature and a bulk of group C and
group D services
4. With regard to the selection for temporary appointments
for not more than a year
5.
The President can exclude posts, services and matters
from the purview of the UPSC. The President can also,
in respect to the all-India services and Central services
and posts may make regulations specifying the matters
in which it shall not be necessary for UPSC to be
 consulted. All such regulations shall be laid before the
Parliament which can amend or repeal them.

Mechanisation – Project Sampera

The Commission has recently undertaken a project
called “SAMPERA” (Screening and Mechanised
Processing of Examination and Recruitment
Applications). A simplified single sheet common
application form for all the examinations has been
devised which will be scanned by using OMR/ICR
technology.

The implementation of this project will mainly help in

high speed scanning of data from forms eliminating
manual entry. Other benefits will be accurate and faster
generation of Admit Cards, Attendance lists with photo
replica and signature facsimile of each candidate, and
Error-free list of doubtful cases.

The main aim of this project is to cope with the

increasing volume of applications through innovations
and mechanised handling so as to reduce the
processing time and send communications faster to
minimized errors. The cases of
impersonation/malpractices will also be eliminated and
wasteful expenditure will be reduced.

Suggestions for rejuvenating UPSC

1.
1. To serve as a think-tank on personnel issues: It
should go beyond the recruitment role to answer
evolving issues relating to civil services and their role
in a rapidly changing society.
 2. Association of Research Institutes and Universities in
the functioning of UPSC: Services are often out of
touch with new developments in technology and
knowledge. UPSC should liaison with such institutions
to conduct regular specially designed courses for
administration
3. Need of Decentralisation on the pattern of US: The
increase in work of the commission has been
manifold, it currently handles more than 14 lakh
applications and scrutinises and advises in regard to
650 Recruitment Rules of different services/posts.
There is a need of decentralization to effectively align
with this increase in workload
4. Keep in sync with changing times: UPSC so far has
worked with remarkable competence, impartiality and
integrity.
However a new world based on openness,
accountability and delivery has emerged. UPSC needs
to be in sync with these changes.

Powers of Union Public Service Commission (U.P.S.C)

Main power of Union Public Service Commission is
its advisory power. It can give advises to the President
and the governors of any State of the following affairs:

1. On all matters related with the appointment of the civil

services of the governments.
2. The evaluation of the standard and efficiencies of the
candidates for appointment, promotion or transfer in all
civil posts.
3. On all matters regarding the discipline and punctuality of
the employees of All India Services.
4. Affairs associated with the demands and benefits of
employees working under the All India Civil Services
and injured while on duty.
5. Whether the payment or expenditure for any work of an
employee of All India Civil Services will be borne by the
consolidated fund of India.
6. Regarding discipline and promptness in government
functions of paying compensation to a government
employee if he suffers any problem or financial loss due
to the negligence on the part of the government, matters
related with the punishment measures of those
employees who have violated discipline or of all matters
related with the interest of the government employees
working under the central government.
The Constitution of India has made the Public Service
Commission a simple advisory institution which is
required to give advises to the subject sent to it by the
President of India or by the Governors of the States. But
to accept or refuse advises is the absolute discretion of
the respective governments.

This is because India has adopted a responsible self-

governing government where in the council of ministers
cannot delegate its responsibilities to their employees to
any other organization. Though at the same time, it
should not neglect advises made by a commission
consisting of experienced and expert persons.

In brief, The UPSC is the central recruitment agency in

India. It is a sovereign constitutional body being directly
created by the Constitution of India.
DATA SOURCES :
The researcher used secondary sources of data to complete the
rough draft.

1) Secondary sources include all the websites on Indian

polity, which the researcher has consulted while making
the project.

The researcher has consulted following sources to complete

the rough proposal:

SECONDARY SOURCES:

1) BOOKS:
a) History of Indian polity by Bipan Chandra
b) Indian polity by m.lakshmikant
c) Intro to Indian constitution Durga Das Basu

CONCLUSION
Services - I Branch deals with disciplinary
cases received from various
Ministries/Departments and State
Governments for advice of the Commission as
required under Article 320 (3)(c) of the
Constitution of India which stipulates that the
Union Public Service Commission shall be
consulted on all disciplinary matters affecting a
person serving under the Government of India
or State Government in a Civil capacity,
including memorial or petitions relating to such
matters. Consultation with the Commission is
also required under the relevant Pension
Rules, where the President proposes to
withhold or withdraw the pension of a retired
Government servant. Accordingly, the
disciplinary cases are referred by the
Ministries/Departments and State
Governments to the Commission for advice.