Union Public Service Commission (UPSC)

News: The government has appointed former Defence Secretary Dr. Ajay Kumar as the new Chairman of the Union Public Service Commission (UPSC). This follows the retirement of Preeti Sudan on April 29. His appointment was made under Article 316(1) of the Constitution. His tenure will continue until October 2027, when he turns 65. Union Public Service Commission (UPSC)

About UPSC

The UPSC is a constitutional authority established under Article 315. It is tasked with selecting candidates for various services including All India Services, Central Civil Services, and Group A and B positions, ensuring transparency and merit in recruitment.

Historical Evolution

1. The Government of India Act, 1919 proposed the idea of a central recruitment body.
2. The Federal Public Service Commission came into existence in 1926, based on recommendations from the Lee Commission (1924).
3. The 1935 Act formalized provisions for both Central and State Public Service Commissions.
4. The Indian Constitution gave UPSC its present legal status through Articles 315 to 323 (Part XIV).

Structure and Composition

1. The Commission is headed by a Chairman and supported by other members, all appointed by the President.
2. The number of members is flexible and usually ranges from 9 to 11.
3. 50% of members must have 10+ years of government experience.

Appointment and Tenure

1. President appoints members under Article 316(1).
2. Tenure: 6 years or until 65 years of age, whichever comes first.
3. The President decides their service conditions.

Eligibility and Disqualifications

1. No specific educational qualifications required.
2. Disqualifications include: Insolvency, Holding paid employment, Mental or physical unfitness.

Removal Process and Safeguards

Members can leave office or be removed under the following conditions:

1. Voluntary Resignation:

A member may resign by writing to the President of India.

2. Direct Removal by the President:

Possible if the member is: Bankrupt, Holding paid work, or Medically unfit for duty.

3. Removal for Misconduct (Article 317):

• In such cases, the President must seek the opinion of the Supreme Court.
• The Court’s advice is final and binding.
• The President may suspend the member during the inquiry.
• Misconduct includes personal gains through government contracts.

4. Additional Protections:

• Members have security of tenure, and their service terms cannot be worsened after appointment.
• Their salaries and expenses are drawn from the Consolidated Fund of India, ensuring independence.

Functions and Powers

1. Conducts major exams like CSE, NDA, CDS, etc.
2. It also advises the government on issues like promotions, transfers, and disciplinary matters.
3. The Commission sends an annual report to the President, which is later shared with both Houses of Parliament.
4. Although the UPSC’s recommendations are advisory, any decision to reject them must be justified in writing.