What are functions of UPSC?
Q. Which statements are true regarding functions of UPSC?
1) It is consulted for principles to be followed during promotions and appointments.
2) Advising the Government on any matter referred to the commission by the President of India.
3) An individual ministry or department can reject advices tendered by UPSC.
4) If the government fails to consult UPSC in regards to personnel management, then the aggrieved public servant can go to Supreme Court.- Published on 14 Mar 17a. 1, 3
b. 1, 2, 4
c. 2, 3, 4
d. 1, 2
ANSWER: 1, 2
- Under Article 320 of the Constitution of India, UPSC is, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts.
The functions of the commission under Article 320 of the Constitution are -
- Conduct examinations for appointment to the services of the Union. This includes all-India services, central services and public services of the centrally administered territories.
- Direct recruitment by selection through interviews.
- Appointment of officers on promotion/deputation/absorption.
- Framing and amendment of Recruitment Rules for various services and posts under the Government.
- Advising the Government on any matter referred to the commission by the President of India.
- It assists the states (if requested by two or more states) in framing and operating schemes of joint recruitment for any services.
- It serves all or any of the needs of a state on the request of the State Governor. But it needs prior approval of the President of India.
In relation to personnel management it is consulted on the following matters -
(a) All the matters relating to the methods of recruitment to civil services and for civil posts.
(b) The principles that need to be followed in making appointments to civil services and posts.
(c) The principles for making promotions and transfers from one service to another.
(d) The suitability and eligibility of candidates for appointments to civil services and posts; for promotions, deputation etc.
(e) Recommendations for promotions are made by concerned departments and these are ratified by the request the UPSC.
(f) Disciplinary matters relating to different Civil Services including memorials or petitions relating to such matters. Some disciplinary actions can be -
1. Censure i.e., severe disapproval.
2. Withholding of increments or promotions.
3. Recovery of pecuniary loss.
4. Reduction to lower service or rank (Demotion) or compulsory retirement.
5. Removal or dismissal from service (dismissal disqualifies a person from future employment under the government while removal allows the possibility of such future employment).
(g) On regularization of appointments and matters of temporary appointments for period exceeding 1 year etc.
(h) Matters concerning grant of extension of service and re-employment of certain retired civil servants.
(i) Other matters related to personnel management.
- The Supreme Court has held that if the government fails to consult UPSC in the above matters, the aggrieved public servant has no remedy in a court.
- Thus, any irregularity in consultation with the UPSC or acting without consultation does not invalidate the decision of the government.
- The provision is directory and not mandatory.
- Also a selection by the UPSC does not confer any right to the post on the candidate.
- But, the government has to act fairly and without malafide.
- Parliament can confer additional functions relating to the services of the Union.
- It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC.
- Parliament can extend the jurisdiction of UPSC by an act.
- The UPSC annually presents report on its performance to the President.
- The President places this report before both the Houses of Parliament, along with reasons for non-acceptance of advice of the commission.
- The cases of non-acceptance of advice must be approved by the Appointments Committee of the Union Cabinet.
- An individual ministry or department has no power to reject advices tendered by UPSC.
