Union Public Service Commission

The Union Public Service Commission (UPSC) is an independent constitutional body that helps recruit suitable personnel for the Union's civil services and posts. Its mandate is primarily recruitment and advisory oversight, not the creation of government jobs or determination of sanctioned vacancies.

Constitutional basis and jurisdiction

Articles 315-323 establish Public Service Commissions and regulate their composition, functions, independence and accountability. The UPSC serves the Union, while a Joint State Public Service Commission may be created by Parliament at the request of the concerned state legislatures.

• Under Article 316, the President appoints the UPSC's Chairman and members; they ordinarily hold office for six years or until attaining 65 years of age.
• Under Article 317, the President may remove or suspend members according to the constitutionally prescribed procedure, including a Supreme Court inquiry in cases of misbehaviour.

Recruitment and advisory functions

Under Article 320, the UPSC conducts examinations for appointments to the services of the Union. It also assists states, when requested by two or more of them, in framing and operating schemes for joint recruitment requiring special qualifications.

• The Commission is consulted on methods of recruitment and principles governing appointments, promotions and transfers.
• It advises on the suitability of candidates for appointment, promotion or transfer and on specified disciplinary matters involving civil servants.
• It advises on certain claims relating to legal costs incurred in official duties and injury pensions.
• Under Article 321, legislation may confer additional functions concerning public services, including services under local authorities or other public institutions.

Independence and accountability

The UPSC performs an advisory constitutional role, but its advice is not binding on the government. Nevertheless, institutional safeguards support impartial recruitment and require reasons for rejecting its advice to be placed before the legislature.

• Under Article 322, the Commission's expenses are charged on the Consolidated Fund of India.
• Under Article 323, the UPSC submits an annual report to the President, who places it before Parliament with a memorandum explaining cases in which its advice was not accepted.
• The President may make regulations specifying matters in which consultation with the UPSC is unnecessary.