How is independence of UPSC guaranteed?
Q. Which of the following is/are true?
1) Recommendations made by UPSC are only of advisory nature.
2) A member of UPSC on ceasing to hold office is eligible for appointment as the chairman of UPSC or chairman or member of State Public Service Commission (SPSC).
3) There is no second term for the same office for a Chairman or member of UPSC.- Published on 14 Mar 17a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above
ANSWER: 1, 3
Role of UPSC -
- The Constitution considers UPSC to be the ‘watch-dog of merit system’ in India.
- It is concerned with the recruitment to the all-India and central services - group A and group B.
- It advises the government, when consulted, on promotion and disciplinary matters.
- It is not concerned with the classification of services, pay and service conditions, cadre management, training etc., which are handled by Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions.
- Thus, UPSC is only a central recruiting agency.
- The Department of Personnel and Training is the central personnel agency in India.
- The role of UPSC is limited.
- Recommendations made by it are only of advisory nature and not binding on the government.
- The only safeguard is the answerability of the government to the Parliament for deviating from the recommendation of the commission.
- The government can also make rules which regulate the scope of the advisory functions of UPSC.
- The creation of Central Vigilance Commission (CVC) in 1964 affected the role of UPSC in disciplinary matters.
- This is because both are consulted by the government while taking disciplinary action against a civil servant.
- The problem occurs when the two bodies tender conflicting advice.
- But, the UPSC, being an independent constitutional body, has an edge over the CVC.
- CVC is created by an executive resolution of the Government of India.
- It was conferred a statutory status in October 2003.
Independence of UPSC -
Following provisions of the Constitution safeguard the independence of the UPSC -
(a) 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.
b) Thus, there is security of tenure.
(c) The conditions of service of the Chairman or a member, though determined by the President, cannot be varied to his disadvantage after his appointment.
(d) The entire expenditure including the salaries, allowances and pensions of the Chairman and members of the UPSC are charged on the Consolidated Fund of India.
(e) Hence, they are not voted in Parliament.
(f) The Chairman of UPSC on ceasing to hold office is not eligible for further employment in the Government of India or a state.
(g) A member of UPSC on ceasing to hold office is eligible for appointment as the Chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state.
(h) The Chairman or a member or UPSC after having completed his first term is not eligible for re-appointment to that office. Thus, there is no second term for the same office.
