Q. With reference to the jurisdiction o f the Union Public Service Commission (UPSC), consider the following statements?
1. It serves the needs of a state on the request of the State Governor and the approval of the President of India.
2. It must be consulted for the selection of chairman or members of commissions or tribunals and posts of the highest diplomatic nature.
3. It shall be consulted for matters related to temporary appointments for a period exceeding one year.
4. The President cannot exclude posts, services and matters from the purview of the UPSC.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
The Constitution visualizes the UPSC to be the ‘watchdog of merit system’ in India. It is concerned with the recruitment to the all-India services and Central services–group A and group B and advises the government, when consulted, on promotion and disciplinary matters.
Statement 1 is correct: The UPSC performs the following functions:
- It conducts examinations for appointments to the allIndia services, Central services and public services of the centrally administered territories.
- It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services.
- It serves all or any of the needs of a state on the request of the state governor and with the approval of the president of India.
Statement 2 is incorrect: UPSC is not consulted 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.
Statement 3 is correct: It shall be consulted on the following matters related to personnel management:
- The suitability of candidates for appointments to civil service; for promotions and transfers from one service another; and appointments by transfer or deputation. The concerned departments make recommendations for promotion and request the UPSC to ratify them.
- Matters of temporary appointments for period exceeding one year.
- Matters related to grant of extension of service and reemployment of certain retired civil servants.
- Any claim for the award of a pension in respect of injury sustained by a person while serving under the Government India and any question as to the amount of any such award, etc.
Statement 4 is incorrect: The President can exclude posts, services and matters from the purview of the UPSC. But all such regulations made by the president shall be laid before each House of Parliament for at least 14 days. The Parliament can amend or repeal them.
Important Tips The following matters are kept outside the functional jurisdiction of the UPSC. In other words, the UPSC is not consulted on the following matters: a. While making reservations of appointments or posts in favour of any backward class of citizens. b. While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts. c. 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. d. With regard to the selection for temporary or officiating appointment to a post less than one year.
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