Constitutional Bodies

Answer:
UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the ‘watch-dog of merit system’ in India and in this regard, it has the following roles:

• It conducts examinations for appointments to the All-India Services, Central services and public services of the centrally administered territories.
• It renders advice on service matters and is consulted by the government in deciding disciplinary matters.
• 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 for which candidates possessing special qualifications are required.
• The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC.
• It has the authority to appoint officers through interviews for lateral entry.

However, some experts argue that UPSC has certain limitations:

• Advisory body: The recommendations made by it are only of advisory nature and hence, not binding on the government. Further, the government can also make rules which regulate the scope of the advisory functions of the UPSC.
• Limited role: It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on. Further, it is neither consulted while appointing personnel to different posts or temporary jobs nor while making provisions for any kind of reservation. The President can also exclude posts, services, and matters from the purview of the UPSC.
• Overlap of function: The role of UPSC in disciplinary matters has been affected by the emergence of the Central Vigilance Commission because the government has come to consult the anti-corruption watchdog, as a specialized agency.

Considering the importance of UPSC, the Constitution has provided following the provisions for ensuring independent and impartial functioning of the organization:

• Security of Tenure: Article 316(2) provides that the member of a Public Service Commission shall hold the office for the term of six years from the date on which he has entered upon his office and in the case of Union Commission; the age is of sixty-five years.
• Tough removal process: Article 317 provides that the Chairman or any other member of the Public Service Commission can only be removed from his office by order of the President on the ground of misbehaviour after an enquiry done by Supreme court.
• Conditions of service: Article 318 of the Constitution provides that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
• Charged Expenditure: Article 322 provides that the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India and not subject to vote of Parliament.
• Check on Re-appointments: Article 319 (a) provides that the Chairman is not eligible for further employment in Government of India or state. Further, a member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Gol or a state.
• Memorandum on non-acceptance of recommendation: Article 323 provides that along with the report of the working of the Commission, a memorandum explaining the cause of non- acceptance of the Commission’s recommendations would also be laid down before the two Houses by the President.