UPSC@100 – Functions & Challenges – Explained Pointwise

The Union Public Service Commission (UPSC) marks a century of its establishment on October 1. Envisioned by the nation’s founders as a guardian of meritocracy, the UPSC has played a pivotal role in the recruitment, the promotion and the disciplining of officials of the Central Civil Services. Its journey over the past 100 years is not just an institutional history but also a testament to India’s enduring faith in fairness, trust and integrity in governance.

Introduction:

• The Union Public Service Commission (UPSC) is the central recruiting agency responsible for appointments to the All India Services and Group ‘A’ and Group ‘B’ central services. It is regarded as the “watch-dog of the merit system” in India.

• It is a constitutional body established under Part XIV (Articles 315 to 323) of the Indian Constitution.

Functions of UPSC:

1. Conducting Examinations: The UPSC is responsible for holding examinations for appointments to the All India Services (IAS, IPS, IFS), the Central Services (Group ‘A’ and ‘B’ services), and various technical posts.​

2. Direct Recruitment and Selection: Recommends candidates for direct recruitment through interviews or examinations to Group A and B posts in central government services and some Union Territories.

3. Appointments on Promotion and Deputation: Advises the government on appointments, promotions, transfers, and absorption into central services.

4. Framing and Amending Recruitment Rules: Consulted for framing or amending recruitment and service rules for various services to ensure fair and transparent procedures.

5. Disciplinary Cases: Advises on disciplinary matters affecting civil servants, including inquiries and penalties.

6. Annual Reporting: Submits an annual report on its work to the President of India, who presents it to the Parliament with explanations where the government did not accept the Commission’s advice.​

7. Assistance to States: Assists state public service commissions upon request in framing and operating recruitment schemes, especially for joint recruitments requiring special qualifications.​

Independence of UPSC:

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the UPSC:

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.

Limitations of UPSC:

1. Advisory Nature of Recommendations: The UPSC’s advice on recruitment rules, promotions, and disciplinary matters is not binding on the government. When the government chooses to override its advice, it can undermine the institution’s credibility and the merit principle it upholds. The UPSC’s only power here is to report the dissent to Parliament.
2. Political and External Pressure: While constitutionally independent, the Commission members can face pressure regarding specific appointments, promotions, or disciplinary recommendations, testing their impartiality, especially given that the appointment process for members is controlled by the Executive.

3. Exclusion of Posts (Article 320(3)): The President can issue regulations specifying the matters in which the Commission does not need to be consulted. Historically, this has been used to exclude posts related to:

   • Lower-Level Posts: Group ‘C’ and Group ‘D’ services.

   • Temporary Appointments: Appointments for less than one year.

4. Discretion in Promotions: While consulted for promotions, the final decision-making power rests with the appointing authority (the concerned ministry or department). The UPSC’s role is typically confined to ensuring fairness in the selection procedure.

5. Reservation Policy: The UPSC is not consulted on matters relating to the provision of reservations (such as for SCs, STs, and OBCs) in appointments. This policy matter rests entirely with the government.

6. Service Rules: While consulted on recruitment rules, the UPSC is often excluded from being consulted on rules related to the classification of services, tenure, or pay and allowances.

7. Staff and Budget: The Commission relies on the Executive for its staffing (Secretariat) and financial resources. Its conditions of service, staff size, and budget are determined by rules framed by the President, limiting its administrative autonomy.

8. No Training or Development Role: The UPSC has no role in the post-selection training, posting, transfer, or career management of the appointed officers. These functions are handled by the Department of Personnel and Training (DoPT) and the respective administrative ministries.

9. Limited Disciplinary Implementation: In disciplinary cases, the UPSC only provides an independent inquiry and recommendation. It does not have the authority to impose penalties like suspension or dismissal; that power rests solely with the competent disciplinary authority within the government.

Reforms Needed:

1. Binding Disciplinary Advice: The government should make the UPSC’s advice binding in all major penalty disciplinary cases. Allowing the Executive to frequently overturn advice concerning the conduct of senior officers erodes the principle of impartial accountability.
2. Standardized Rules Vetting: UPSC advice on the creation or amendment of Recruitment Rules (RRs) should be deemed accepted within a fixed period (e.g., 60 days) unless the reasons for rejection are approved by a high-level, constitutionally mandated committee.
3. Separation of Wings: Establish a clear separation between the Recruitment Wing (for CSE) and the Advisory Wing (for disciplinary/promotions), each with dedicated full-time staff and resources to prevent backlogs in one area from affecting the other.
4. Delegating Lower Recruitment: Completely delegate recruitment for lower posts (Group C and D) to specialized, state-level or departmental recruitment bodies, allowing UPSC to focus solely on Group A and B services.
5. Greater Transparency in Evaluation:
   • Standardized Model Answers: Publish an indicative model answer structure or key themes for essay and general studies papers shortly after the results are declared. This provides candidates with necessary feedback on the expected standard.
   • Audit of Scaling: Subject the scaling or moderation process used for optional subjects (to ensure parity across different subjects) to external, independent audit, and publish the statistical methodology used.
6. Improved Selection of Commission Members: The quality and integrity of the UPSC depend on its members and Chairman:

   • Broadening the Selection Committee: The selection committee for UPSC members and the Chairman should be expanded to include the Leader of the Opposition and the Chief Justice of India (or their nominee), making the appointment process more non-partisan and credible.

   • Defining Eligibility Criteria: Clearly define non-political, merit-based criteria (e.g., experience in education, administration, law, or public management) for appointment to prevent it from becoming a post-retirement sinecure for political appointees.

Conclusion: UPSC is at the heart of the recruitment journey of lakhs of aspiring candidates who are driven by dedication, perseverance & a dream to serve the nation. Thus, as it enters its centenary year, it should not only celebrate but also bring reforms to make the recruitment process more transparent & equal playing, as well as, it should continue to uphold its gold standard of integrity, fairness & excellence to serve the nation with the same trust & distinction in the years to come.