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constitutional_law:public_service_commission

PUBLIC SERVICE COMMISSION

Indianisation of the superior Civil Services became one of the major demands of the political movement compelling the British Indian Government to consider setting up of a Public Service Commission for recruitment to its services in the territory. The first Public Service Commission was set up on October 1 st, 1926. However, its limited advisory functions failed to satisfy the people’s aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of the Federal Public Service Commission under the Government of India Act 1935. Under this Act, for the first time, provision was also made for the formation of Public Service Commissions at the provincial level.

The Constituent Assembly, after independence, saw the need for giving a secure and autonomous status to Public Service Commissions both at Federal and Provincial levels for ensuring unbiased recruitment to Civil Services as also for protection of service interests. With the promulgation of the new Constitution for independent India on 26th January, 1950, the Federal Public Service Commission was accorded a constitutional status as an autonomous entity and given the title - Union Public Service Commission

Constitutional Provisions

The Union Public Service Commission has been established under Article 315 of the Constitution of India. The Commission consists of a Chairman and ten Members. The terms and conditions of service of Chairman and Members of the Commission are governed by the Union Public Service Commission (Members) Regulations, 1969.The Commission is serviced by a Secretariat headed by a Secretary with two Additional Secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting staff. The Union Public Service Commission have been entrusted with the following duties and role under the Constitution:

  • Recruitment to services & posts under the Union through conduct of competitive examinations;
  • Recruitment to services & posts under the Central Government by Selection through Interviews;
  • Advising on the suitability of officers for appointment on promotion as well as transfer-on-deputation;
  • Advising the Government on all matters relating to methods of Recruitment to vari-ous services and posts;
  • Disciplinary cases relating to different civil services; and
  • Miscellaneous matters relating to grant of extra ordinary pensions, reimbursement of legal expenses etc.

The major role played by the Commission is to select persons to man the various Central Civil Services and Posts and the Services common to the Union and States (viz. All-India Services).

EXPENSES OF PUBLIC SERVICE COMMISSIONS

The expenses of the Union or a State 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 or, as the case may be, the Consolidated Fund of the State.

The Duties & Role of the Commission

Under Article 320 of the Constitution of India, the Commission are, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts.

RECRUITMENT is made by one of the following three methods

Direct Recruitment, Promotion and Transfer

Under Article 320(3) of the Constitution the Commission are required to be consulted on the quantum of penalties in disciplinary cases affecting a person serving under the Government of India in a Civil Capacity. Article 321 also empowers the Parliament to extend the functions of the Public Service Commission to any local authority or other body corporate constituted by Law or by any public institutions.

The Commission have a duty, under Article 323 of the Constitution to present annually to the President a Report as to the work done by the Commission and on receipt of such report, the president shall cause a copy there of together with the Memorandum explaining, as respect the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of the Parliament. The Constitution of India is not an end, but a means to an end, not mere democracy as a political-project but a socio - juristically process which opens up through a humanist, radical social-order, the opportunity to unfold the full personhood of every citizen.

Created on 2020/10/19 23:13 by • Last modified on 2020/11/07 18:32 (external edit)