UPSC & State Public Service Commissions

1. Articles 315–323 — Provision by Provision

1.1 Article 315 — Establishment of PSCs

Art. 315 mandates the establishment of a Public Service Commission for the Union (UPSC) and a Public Service Commission for each State (SPSC). Parliament may by law provide for the appointment of a Joint PSC for two or more states if the legislatures of those states pass resolutions to that effect.

• UPSC is a constitutional body — it cannot be abolished by ordinary legislation.
• Every State must have its own PSC unless it opts for a Joint PSC.
• Parliament (not state legislatures) creates Joint PSCs.

1.2 Article 316 — Appointment of Chairman and Members

• The Chairman and members of UPSC are appointed by the President.
• The Chairman and members of SPSC are appointed by the Governor of the respective state.
• For a Joint PSC, the Chairman and members are appointed by the President.
• Crucial statutory condition: As nearly as may be, one-half of the members of every PSC shall be persons who have held office under the Government of India or a State Government for at least 10 years.
• Term: 6 years from assumption of office OR until they attain the age of 65 years (UPSC) / 62 years (SPSC), whichever is earlier.

1.3 Article 317 — Removal of Chairman/Members

This is the most tested article in this chapter. The removal mechanism has two layers:

• Removal by President (for UPSC/Joint PSC) or by the President on reference from the Governor (for SPSC) — but only after an inquiry by the Supreme Court under Art. 317(1).
• The Supreme Court's role: If the President refers the matter to the SC for inquiry, and the SC after inquiry reports that the Chairman/member ought to be removed on grounds of misbehaviour, the President shall remove them. The SC's recommendation is binding on the President.
• Grounds for removal under Art. 317(1) (misbehaviour — requires SC inquiry):
  • Adjudged as insolvent (bankrupt)
  • Engages in paid employment outside their office
  • Infirmity of mind or body (unfit to continue)
  • Misbehaviour
• Removal by President WITHOUT SC inquiry (Art. 317(3)): President can remove a Chairman/member if they are:
  • Adjudged insolvent
  • Engage in paid employment outside their office during tenure
  • Unfit to continue due to infirmity of mind or body
• Suspension during inquiry: The President can suspend the Chairman/member pending the SC inquiry.

1.4 Article 318 — Power to Make Regulations

• In the case of UPSC, the President may make regulations regarding the number of members, their conditions of service.
• In the case of SPSC, the Governor may make such regulations.
• Once appointed, the conditions of service of a Chairman or member cannot be varied to their disadvantage — a key independence safeguard.

1.5 Article 319 — Post-Retirement Prohibitions

Art. 319 imposes different post-retirement restrictions on UPSC and SPSC functionaries to ensure independence and prevent revolving-door appointments:

1.6 Article 320 — Functions of PSC

Art. 320 is the core functional provision. PSCs must be consulted on the following matters:

• Recruitment: Methods of recruitment to civil services and civil posts.
• Service conditions: Principles to be followed in making appointments, promotions, transfers from one service to another, and suitability of candidates.
• Disciplinary matters: Disciplinary cases involving civil servants — censure, reduction in rank, compulsory retirement, removal, dismissal, etc.
• DPC (Departmental Promotion Committee): UPSC advises on promotions in Central services.
• Legal expenses: Claims by or against government servants regarding expenses incurred in defending legal proceedings.
• Pension cases: Claims for pension for injuries sustained while on duty.

1.7 Article 321 — Extension of Functions

• Parliament may by law extend the functions of UPSC to any Union territories or any body established by Parliament.
• State Legislature may extend SPSC functions to any body constituted by that state.
• This allows PSCs to recruit for statutory corporations, universities, etc. if so extended by law.

1.8 Article 322 — Expenses Charged to Consolidated Fund

• The expenses of the UPSC — including salaries, allowances and pensions — are charged to the Consolidated Fund of India.
• For SPSC, expenses are charged to the Consolidated Fund of the respective state.
• Significance: Charged expenditure is not subject to vote in Parliament/State Legislature — it cannot be reduced or refused. This ensures financial independence of the PSC.

1.9 Article 323 — Annual Report

• UPSC must submit an Annual Report to the President on the work done by the Commission.
• SPSC must submit its Annual Report to the Governor of the state.
• The President/Governor shall cause the report to be laid before each House of Parliament/State Legislature respectively, along with a memorandum of cases where UPSC's advice was not accepted, along with reasons for non-acceptance.
• This memorandum ensures parliamentary accountability — government must publicly explain any deviation from UPSC's advice.

2. UPSC — Composition, Structure & Key Facts

2.1 Composition

• Chairman + 10 members (by convention; the Constitution does not fix the exact number — it is decided by the President under Art. 318).
• All appointed by the President.
• About half the members must have held government office for at least 10 years.
• Term: 6 years or age 65 (whichever is earlier); not eligible for reappointment after their term.

2.2 Key Institutional Facts

2.3 Major Examinations Conducted by UPSC

• Civil Services Examination (CSE): IAS, IPS, IFS (Indian Foreign Service) and other Group A/B Central Services.
• Combined Defence Services (CDS) Examination: Army, Navy, Air Force.
• National Defence Academy (NDA) & Naval Academy Examination.
• Central Armed Police Forces (CAPF) AC Examination.
• Engineering Services Examination (ESE/IES).
• Combined Medical Services (CMS) Examination.
• Indian Statistical Service (ISS) / Indian Economic Service (IES) Examination.
• Geologists' Examination.

3. Functions of UPSC (Art. 320) — Detailed

3.1 Mandatory Consultation Matters (Art. 320(3))

The government must consult UPSC on the following (though final decision rests with government):

• All matters relating to methods of recruitment to civil services and civil posts.
• Principles to be followed in making appointments, promotions, and transfers from one service/post to another.
• Suitability of candidates for appointment, promotion, transfer.
• All disciplinary matters — censure, withholding of increments, recovery of pecuniary loss, reduction in rank, compulsory retirement, removal, dismissal.
• Any claim by or in respect of a person who is serving or has served under the Government of India, that any costs incurred in defending a legal proceeding should be paid out of the Consolidated Fund of India.
• Any claim for the award of a pension in respect of injuries sustained by a person while serving under Government of India.

3.2 Non-Consultation (Exceptions)

The President can by regulation specify matters for which UPSC need NOT be consulted:

• Appointments made for very short periods (casual/temporary appointments).
• Appointments made in very exceptional circumstances where consultation is impractical.
• Scheduled Castes, Scheduled Tribes, and other backward class reservations — government may deviate from UPSC advice for implementing reservation policy.
• Group C and D posts (previously Class III and IV) are largely outside UPSC's purview — they are recruited by Staff Selection Commission (SSC) and Railway Recruitment Boards (RRBs).

3.3 UPSC and the Civil Services Exam Process

4. Independence Safeguards for UPSC

The Constitution provides multiple safeguards to ensure the UPSC functions independently of executive interference:

4.1 Security of Tenure (Art. 317)

• A member can be removed only by the President and only after the Supreme Court inquires and recommends removal on grounds of misbehaviour.
• This makes arbitrary removal almost impossible — the SC acts as a neutral adjudicator.
• The President can suspend a member pending inquiry.

4.2 Charged Expenditure (Art. 322)

• UPSC's expenses (salaries, pensions, etc.) are charged to the Consolidated Fund of India — they are non-votable.
• This means Parliament cannot use budget leverage to pressure the UPSC.
• Compare with bodies like NHRC whose expenses are voted (not charged) — making them slightly less insulated.

4.3 Service Conditions Fixed at Appointment (Art. 318)

• The conditions of service of Chairman/members cannot be varied to their disadvantage after appointment.
• Government cannot reduce salary or worsen service conditions as a punitive measure.

4.4 Post-Retirement Restrictions (Art. 319)

• UPSC Chairman: total bar on further government employment — prevents Chairman from being influenced by the prospect of post-retirement jobs.
• Other members: very limited eligibility — only for UPSC Chairman or SPSC Chairman positions.

4.5 Independence of SPSC — Special Safeguard

• SPSC members are appointed by the Governor but can be removed only by the President (not the Governor) — ensuring state-level political pressure cannot threaten SPSC independence.
• The President acts on the SC's inquiry report, not on the state government's recommendation for removal.

5. State Public Service Commissions (SPSC)

5.1 Establishment and Composition

• Each state must have its own PSC under Art. 315, unless a Joint PSC is established.
• Chairman and members appointed by the Governor.
• About half the members must have held government office for at least 10 years.
• Term: 6 years or age 62 years (whichever is earlier) — not 65 like UPSC.
• Removal: Only by the President (not Governor), after SC inquiry — a crucial independence safeguard.

5.2 Functions of SPSC

• Recruitment to state civil services — State Administrative Service (analogous to IAS), State Police Service, State Finance Service, etc.
• Disciplinary matters relating to state government employees.
• DPC for promotions in state services.
• Advisory role on service matters similar to UPSC's role at the Union level.

5.3 Key Differences from UPSC

5.4 Annual Report of SPSC

• Submitted to Governor (not the President).
• Governor causes it to be laid before both Houses of the State Legislature.
• Memorandum of cases where advice was not accepted must accompany the report.

6. Joint Public Service Commission (Joint PSC)

6.1 Constitutional Basis (Art. 315(1))

• Parliament may by law provide for the appointment of a Joint Public Service Commission for two or more states.
• Precondition: The legislatures of the states concerned must pass resolutions requesting Parliament to create a Joint PSC.
• Chairman and members of Joint PSC are appointed by the President (not Governors of the respective states).
• Annual report submitted to the President, who causes it to be sent to the Governors of each state concerned, and each Governor lays it before that state's legislature.

6.2 Rationale for Joint PSC

• Smaller states may not have the resources or volume of recruitment to justify a full PSC.
• Joint PSC allows cost-sharing and higher professional standards.
• Particularly relevant for newly created smaller states (e.g., Uttarakhand, Jharkhand, Chhattisgarh post-2000).

6.3 Historical and Current Examples

• Joint PSC for Assam and Meghalaya: A notable historical example — when Meghalaya was carved out of Assam in 1972, both states initially shared a Joint PSC before Meghalaya established its own.
• Currently, most states have their own independent PSCs. The concept of Joint PSC is more relevant in theory/examination questions than in actual practice today.
• Some Union Territories rely on UPSC for recruitment — an extension under Art. 321.

6.4 Term and Removal for Joint PSC

• Same term provisions as UPSC: 6 years or age 65, whichever is earlier.
• Removal by President after SC inquiry.
• Post-retirement restrictions same as UPSC under Art. 319.

7. UPSC vs SPSC vs Joint PSC — Comparative Table

8. Key Cases & Historical Context

8.1 Lee Commission (1924) — Historical Foundation

• The Royal Commission upon the Superior Civil Services in India, chaired by Lord Lee of Fareham, submitted its report in 1924.
• Key recommendations: Establishment of an independent Public Service Commission to conduct recruitment examinations; 50% of ICS positions to be filled by Indians; PSC to be insulated from executive interference.
• Result: The Government of India Act, 1919 was amended to create the first Federal Public Service Commission, which came into existence on 1 October 1926.
• The first chairman was Sir Ross Barker.

8.2 SP Gupta v. Union of India (1981)

• Also known as the "First Judges Case."
• While primarily about judicial transfers and appointments, the Supreme Court articulated the principle that constitutional bodies must be independent of executive manipulation.
• The principle that independence of constitutional bodies is part of the basic structure of the Constitution has been extended by scholars to argue that UPSC's independence enjoys a similar status.

8.3 Demands for UPSC Reform

• Second Administrative Reforms Commission (2nd ARC, 2005–2009): Recommended greater transparency in UPSC processes, extension of UPSC's oversight to lateral entry appointments, and making the Civil Services Aptitude Test (CSAT) more accessible.
• Baswan Committee (2016): Recommended separating the IPS and IFS (Indian Forest Service) exams from the Civil Services Exam.
• Mandal Commission: Led to introduction of OBC reservation in UPSC exams (post-1992, following Indra Sawhney v. Union of India).

8.4 Timeline of Key Events

9. Lateral Entry Controversy (2023–24)

9.1 What is Lateral Entry?

Lateral entry refers to the direct induction of domain experts and private sector professionals into senior positions in the civil services — particularly at the levels of Joint Secretary, Director, and Deputy Secretary — bypassing the normal UPSC Civil Services Examination route.

9.2 Background and Implementation

• The concept was recommended by the Second ARC (2005–2009) and later endorsed by the NITI Aayog.
• In 2018–19, the government first advertised 10 Joint Secretary positions for lateral entry through UPSC — but notably through a special selection process, not the Civil Services Exam.
• In August 2023, the DoPT (Department of Personnel and Training) issued a notification calling for applications for 45 lateral entry positions at Joint Secretary/Director/Deputy Secretary levels across various ministries.
• In August 2024, the government issued a new lateral entry advertisement for 45 more posts. The advertisement attracted significant political controversy and was subsequently withdrawn by the government amid opposition from coalition partners (JD(U), TDP) who raised concerns about reservation provisions.

9.3 The UPSC Connection — Key Constitutional Issue

• Lateral entry appointments bypass the normal UPSC recruitment process.
• The posts are filled through a special committee or UPSC is asked to conduct a selection (not examination) — but the lateral entrants do not go through the competitive Civil Services Examination.
• Is lateral entry unconstitutional? NO — Art. 320 says UPSC must be consulted on recruitment methods, but the Constitution does not require all civil service posts to be filled through competitive examination. The government can define conditions of recruitment.
• Art. 309 empowers Parliament and State Legislatures to regulate the recruitment and conditions of service of civil servants — including creating special recruitment routes.
• However, critics argue that bypassing UPSC examination undermines meritocracy and the constitutionally intended independence of the civil services.

9.4 Arguments For and Against Lateral Entry

9.5 Reservation Issue — The 2024 Controversy

• The August 2024 lateral entry advertisement did not specify SC/ST/OBC reservations.
• The National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) both wrote to the government demanding inclusion of reservation provisions.
• Coalition partners JD(U) and TDP — both strong advocates for backward class reservations — put pressure on the BJP-led NDA government.
• The government ultimately cancelled the advertisement, citing the need to first clarify reservation policy for lateral entry posts.
• This episode highlights the tension between administrative reform objectives and constitutional guarantees of equitable representation.

10. Prelims PYQs (2017–2024)

11. Mains PYQs

12. 15-Minute Revision Box