Articles 315 to 323 of
Part XIV of the constitution, titled
Services Under the Union and the States, provide for a Public Service Commission for the Union and each state.
Appointment As per
Art. 316, the chairman and other members of the Union Public Service Commission shall be appointed by the
president. In case the office of the chairman becomes vacant, the duties shall be performed by one of the other members of the Commission at the appointment of the President. Also, nearly half of the members of the Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the
Government of India or under the Government of a State. A member of a Union Public Service Commission shall hold office for a term of six years from the date on which they enter upon the office or until they attain the age of sixty-five years, whichever is earlier. Under
Art 318, the President is empowered to determine the number of members of the commission and their conditions of service. As per
Art 319, a person who holds office as chairman shall, on the expiration of the term of office, be ineligible for re-appointment to that office. But, a member other than the chairman of the Union Public Service Commission shall be eligible for appointment as the chairman of the Union Public Service Commission, or as the chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State. Also, the chairman of a State Public Service Commission shall be eligible for appointment as the chairman or any other member of the Union Public Service Commission.
Expenses As per
Art. 322, the expenses of the Union Public Service Commission, including any salaries, allowances, and pensions payable to or in respect of the members or staff of the commission, shall be charged on the
Consolidated Fund of India.
Extension of functions As per
Art. 321, an Act made by
Parliament may provide for the exercise of additional functions by the Union Public Service Commission
w.r.t. Services of the Union.
Functions As per
Art. 320, it shall be the duty of the Union Public Service Commissions to conduct examinations for appointments to the services of the Union. It shall also assist two or more states, if requested so, in framing and operating schemes of joint recruitment for any services.
Removal and suspension As per
Art. 317, the chairman or any other member of a Public Service Commission shall only be removed from their office by order of the president on the ground of "misbehavior" after the Supreme Court, on a reference being made to it by the president, has, on inquiry reported that the chairman or such other member ought to be removed. The president may suspend the chairman or other members of the commission until the report of the Supreme Court is received.
Reporting As per
Art. 323, it will be the duty of the Union Commission to annually present a report to the president of the work done by the commission. On receipt of such report, the president shall present a copy before each House of Parliament; together with a memorandum, if any, explaining the reasons why the advice of the commission was not accepted by him. The president may also remove the chairman or other member of the commission if he/she/they: • is/are adjudged an
insolvent; or • engage(s) during their term of office in any paid employment outside the duties of their office; or • is/are, in the opinion of the president, unfit to continue in office because of
infirmity of
mind or body. • The chairman or any other member cannot hold an
office of profit or otherwise they shall be deemed to be guilty of misbehavior. The Union Public Service Commission shall be consulted: • on all matters relating to • methods of recruitment to
civil services and for civil posts • making appointments to civil services and posts • making promotions and transfers from one service to another • The suitability of candidates for such appointments, promotions, or transfers • on all disciplinary matters against a civil servant serving in a civil capacity, including memorials or petitions relating to such matters. • on any claim by or in respect of a person who is serving or has served in a civil capacity, that any costs incurred in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of their duty should be paid out of the
Consolidated Fund of India. • on any claim for the award of a pension in respect of injuries sustained by a person while serving in a civil capacity, and any question as to the amount of such award. It shall be the duty of a Union Public Service Commission to advise on any matter referred to them; provided that the president has not made any regulations specifying the matters in which it shall not be necessary for Union Public Service Commission to be consulted. == Organizational structure ==