Day 36 – Q. 3 How are appointments to constitutional bodies such as the Union Public Service Commission and the State Public Service Commissions made, and what is the role of the government in this process? Explain.

How are appointments to constitutional bodies such as the Union Public Service Commission and the State Public Service Commissions made, and what is the role of the government in this process? Explain.

संघ लोक सेवा आयोग और राज्य लोक सेवा आयोगों जैसे संवैधानिक निकायों में नियुक्तियाँ कैसे की जाती हैं और इस प्रक्रिया में सरकार की क्या भूमिका है? समझाएं।

Approach –

In this question candidates need to write about how the appointments are made at bodies such as Upsc, and State public service commission and what is role of government in this process.

Introduction –

Under the Constitution, the President has power to make numerous constitutional appointments. But in reality he exercises this power on the proposal of the Cabinet. Cabinet decides who is to be appointed and at what place.

Body  –

Appointment and Eligibility of members-

• Article 316 of the Indian Constitution provides for provisions regarding the appointment of the chairman and the members of the U.P.S.C. and S.P.S.C.
• The Chairman and other members of Union Public Service Commission and State Public Service Commissions are appointed by the President of India and the Governor of the State respectively.
• Although no specific qualification is mentioned in the Constitution, but it mandates that 50% of the members of U.P.S.C. should be the ones who have held government office for at least 10 years.
• The President of India and The Governor of State are empowered by the Constitution of India to determine the conditions of service of the Chairman and other members of the Union Public Service Commission and the State Public Service Commission respectively, at the time of their appointment.
• The person to be appointed as the members of the Union Public Service Commission and State Public Service Commissions should not hold any office of profit under the central or the state government.
• The composition of the Union Public Service Commission and State Public Service Commissions.
• The U.P.S.C. and S.P.S.C. both consist of a Chairman and other members.
• The Commissions consist of 9 to 11 members including the chairman (though the number is not defined anywhere, and it changes from time to time and decided by the president in case of U.P.S.C. and by the Governor in case of S.P.S.C.).
• The current sanctioned strength of the Commissions is 11 (i.e., one Chairman and ten members).

Appointment of chairman and acting chairman-

• In case, the office of the Chairman becomes vacant, the President shall appoint another member of the Commission as the acting chairman to perform the functions of the chairman in his/her absence.
• The governor can also appoint one of the members of the S.P.S.C. as an acting chairman if any of the following conditions prevail:
• The office of the chairman of the commission becomes vacant;
• The chairman of the commission, due to absence or for any other reason, is unable to perform the duties of his office.
• The acting chairman will perform the functions of the chairman until the chairman returns to its office.

Composition of Union Public Service Commission-

• Appointment of Members: The Chairman and other members of the UPSC are appointed by the President of India.
• Term of Office: Any member of the UPSC shall hold office for a term of six years or till the age of 65 years, whichever is earlier.
• Reappointment: Any person who has once held the office as a member of a Public Service Commission is ineligible for reappointment to that office.
• Resignation: A member of the Union Public Service Commission may resign from his/her office by submitting the written resignation to the President of India.
• Removal/Suspension of Members: The Chairman or any other member of UPSC shall only be removed from his/her office by order of the President of India.
• The President can suspend the Chairman or any other member from his/her office in respect of whom a reference has been made to the Supreme Court.
• Conditions for Removal: The Chairman or any other member of UPSC may be removed if he/she is adjudged an insolvent.
• engages during his/her term of office in any paid employment outside the duties of his/her office is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
• Regulating the Conditions of Service: In the case of the UPSC, the President of India shall:
• Determine the number of members of the Commission and their conditions of service.
• Make provisions with respect to the number of members of the staff of the Commission and their conditions of service.
• Restriction of Power: The conditions of service of a member of UPSC shall not be amended after his/her appointment that may lead to his/her disadvantage.
• Power to Extend Functions: The Legislature of a State may provide for the exercise of additional functions by the UPSC or the SPSC as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

Government role in this process –

• In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations determine the number of members of the Commission and their conditions of service.
• Make provision with respect to the number of members of the staff of the Commission and their conditions of service:
• Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.

Conclusion–

The Public Service Commissions form a basic structure that ensures and protects the meritorious nature of the Indian civil services. However, there could be some changes and reforms to modify these commissions to work more efficiently.