The Union Public Service Commission (UPSC) is a constitutional body responsible for conducting examinations and performing important functions relating to recruitment to services and posts under the Union.
The constitutional framework for Public Service Commissions is contained in Part XIV, Chapter II, covering Articles 315 to 323.
These provisions deal with:
- Establishment of Public Service Commissions
- Appointment and tenure of members
- Removal and suspension
- Conditions of service
- Restrictions after retirement
- Functions
- Extension of functions
- Expenses
- Annual reports
The UPSC is therefore not merely an examination-conducting body. It has a broader constitutional role in the recruitment and service administration of the Union.
1. Constitutional Basis of UPSC
Article 315 provides for a Public Service Commission for the Union and a Public Service Commission for each State. The Constitution also permits two or more States to have a Joint Public Service Commission through the process specified in Article 315.
Important Articles
| Article | Subject |
|---|---|
| Article 315 | Public Service Commissions for Union and States |
| Article 316 | Appointment and term of office |
| Article 317 | Removal and suspension |
| Article 318 | Regulations regarding conditions of service |
| Article 319 | Restriction on holding offices after membership |
| Article 320 | Functions of Public Service Commissions |
| Article 321 | Extension of functions |
| Article 322 | Expenses |
| Article 323 | Reports |
The UPSC itself lists these provisions as the constitutional provisions governing Public Service Commissions.
2. Article 315 — Establishment of Public Service Commissions
Article 315 establishes the constitutional framework for:
- Union Public Service Commission
- State Public Service Commissions
- Joint State Public Service Commission
Union Public Service Commission
There shall be a Public Service Commission for the Union.
This is the constitutional foundation of the UPSC.
State Public Service Commission
There shall also be a Public Service Commission for each State.
Thus, the Constitution provides for both Union-level and State-level Public Service Commissions.
3. Joint State Public Service Commission
Two or more States may agree to have a common Public Service Commission.
However, this requires resolutions by the Legislatures of the concerned States.
After the required resolutions, Parliament may establish a Joint State Public Service Commission by law.
Important UPSC Point
A Joint State Public Service Commission is different from the UPSC.
It serves the needs of the States that have agreed to use it.
4. UPSC Can Serve a State
Article 315 also permits the UPSC to serve the needs of a State.
This can happen when:
- The Governor of the State requests the UPSC to do so.
- The President approves the arrangement.
- The UPSC agrees to serve the State.
Therefore, the UPSC is not constitutionally limited to every recruitment function relating exclusively to the Union.
5. Article 316 — Appointment of Members
Article 316 deals with appointment and tenure of members of Public Service Commissions.
UPSC
The President appoints:
- Chairman of UPSC
- Other members of UPSC
State PSC
The Governor appoints:
- Chairman of State Public Service Commission
- Other members of State Public Service Commission
Joint State PSC
Members of a Joint State Public Service Commission are appointed by the President.
Easy Memory Trick
UPSC → President
State PSC → Governor
6. Composition of UPSC
The Constitution does not prescribe a fixed number of members for the UPSC.
Under Article 318, the President may determine the number of members of the Commission and their conditions of service through regulations.
The Constitution also requires that as nearly as may be, one-half of the members of every Public Service Commission should be persons who have held office for at least ten years under the Government of India or a State Government.
This is an important Prelims fact.
7. Tenure of UPSC Members
A member of the UPSC holds office for:
Six years
or
until attaining the age of 65 years
whichever is earlier.
For a State Public Service Commission, the corresponding maximum age is 62 years.
| Commission | Maximum Age |
|---|---|
| UPSC | 65 years |
| State PSC | 62 years |
Important
The Constitution provides the six-year term, subject to the applicable age limit.
8. Resignation of UPSC Members
A member of the UPSC may resign by writing addressed to the President of India.
For a State Public Service Commission, resignation is addressed to the Governor.
9. Article 317 — Removal and Suspension
Article 317 provides important safeguards concerning the removal and suspension of members of Public Service Commissions.
Removal by President
The President can remove the Chairman or another member of a Public Service Commission in specified circumstances.
One important ground is misbehaviour.
However, in such a case, the President must refer the matter to the Supreme Court for inquiry.
If the Supreme Court, after inquiry, reports that the member ought to be removed, the President may remove the member.
Important UPSC Trap
The President does not simply remove a UPSC member for misbehaviour without following the constitutional procedure.
10. Other Grounds of Removal
The President may also remove a member in circumstances specified by Article 317, including where the member:
- Is adjudged an insolvent (unable to pay debts).
- Engages during the term of office in paid employment outside the duties of the office.
- Is, in the opinion of the President, unfit to continue in office because of infirmity of mind or body.
These grounds operate differently from the specific constitutional procedure for removal on the ground of misbehaviour.
11. Suspension of UPSC Members
The President may suspend the Chairman or another member of the UPSC or Joint Commission when a reference has been made to the Supreme Court under Article 317 for an inquiry into misbehaviour.
State PSC
For a State Public Service Commission, the Governor may suspend a member in certain circumstances, but where a Supreme Court reference is involved, the constitutional framework gives the President the relevant role.
12. Article 318 — Conditions of Service
Article 318 allows the President, in the case of the Union Commission, to make regulations determining:
- Number of members
- Conditions of service of members
- Number of staff
- Conditions of service of staff
For a State Public Service Commission, the corresponding power belongs to the Governor.
13. Article 319 — Restrictions After Retirement
Article 319 places restrictions on what offices members of Public Service Commissions can hold after leaving the Commission.
Chairman of UPSC
A former Chairman of the UPSC is not eligible for further employment under the Government of India or a State Government.
Other Member of UPSC
A member other than the Chairman of UPSC is eligible to become:
- Chairman of UPSC, or
- Chairman of a State Public Service Commission
but not for other employment under the Government of India or a State Government.
Chairman of State PSC
A former Chairman of a State Public Service Commission may become:
- Chairman or member of UPSC, or
- Chairman of another State Public Service Commission
subject to the constitutional provisions.
However, they cannot take other government employment.
Member of State PSC
A former member of a State PSC may become:
- Chairman or member of UPSC, or
- Chairman of that or another State Public Service Commission
subject to Article 319.
Why Does Article 319 Matter?
The purpose is to reduce the possibility of members making decisions during their tenure with an expectation of securing another government position later.
14. Article 320 — Functions of UPSC
Article 320 is one of the most important provisions for UPSC preparation.
The UPSC's constitutional functions include:
1. Conducting Examinations
The Commission conducts examinations for appointments to Union services.
This includes major competitive examinations such as the Civil Services Examination.
2. Recruitment Through Selection
The Commission may conduct direct recruitment through selection and interviews where applicable.
3. Advising on Recruitment Methods
The Commission is consulted on matters relating to methods of recruitment to civil services and civil posts.
4. Advising on Appointments
The Commission may be consulted regarding principles to be followed in making appointments, promotions and transfers from one service to another.
5. Disciplinary Matters
The Commission is consulted on disciplinary matters affecting persons serving under the Government in the circumstances prescribed by the Constitution and applicable rules.
6. Other Matters Referred by the President
The President may refer matters to the Commission for advice.
The UPSC itself describes its functions under Article 320 as including examinations, direct recruitment, promotions/deputation/absorption, recruitment rules, disciplinary cases and advice on matters referred by the President.
15. Is UPSC Advice Binding?
This is an important conceptual point.
The UPSC primarily performs an advisory role in the matters where consultation is constitutionally required.
Its advice is not equivalent to a judicial order.
Article 323 specifically requires that when the President receives the UPSC's annual report, the report is laid before Parliament along with a memorandum explaining cases, if any, where the Commission's advice was not accepted and the reasons for such non-acceptance.
Simple Meaning
The government can, in the constitutional framework, disagree with UPSC advice.
But where applicable, the reasons for non-acceptance must be placed before Parliament through the mechanism provided in Article 323.
16. Exceptions to Consultation
The Constitution does not require consultation with the Public Service Commission in every conceivable personnel matter.
The President or Governor may make regulations specifying cases or classes of cases in which consultation with the Commission is not necessary.
Important
Article 320 itself contains constitutional limitations and exceptions concerning consultation.
For example, the Commission is not required to be consulted regarding the manner in which certain provisions relating to reservations under Article 16(4) are made effective or regarding implementation of Article 335.
17. Article 321 — Extension of Functions
Parliament may extend the functions of the UPSC through legislation.
Additional functions may relate to:
- Services of the Union
- Local authorities
- Other bodies corporate constituted by law
- Public institutions
Similarly, the State Legislature may extend the functions of a State Public Service Commission.
UPSC Trap
Article 320 deals with the constitutional functions.
Article 321 deals with extension of functions by law.
18. Article 322 — Expenses
The expenses of the UPSC, including:
- Salaries
- Allowances
- Pensions
- Staff-related expenses
are charged on the Consolidated Fund of India.
Why Is This Important?
An expenditure charged on the Consolidated Fund is not subject to the annual vote of Parliament.
This provides an important financial safeguard for the independence of the Commission.
For State Public Service Commissions, expenses are charged on the Consolidated Fund of the State.
19. Article 323 — Annual Reports
The UPSC submits an annual report regarding its work to the President.
The President then causes the report to be laid before both Houses of Parliament.
The report is accompanied by a memorandum explaining cases, if any, where the Commission's advice was not accepted and the reasons for such non-acceptance.
State PSC
A State Public Service Commission submits its annual report to the Governor.
The Governor causes it to be laid before the State Legislature.
20. UPSC vs State Public Service Commission
| Basis | UPSC | State PSC |
|---|---|---|
| Article | 315 | 315 |
| Appointing authority | President | Governor |
| Maximum age | 65 years | 62 years |
| Resignation submitted to | President | Governor |
| Expenses charged on | Consolidated Fund of India | Consolidated Fund of State |
| Annual report submitted to | President | Governor |
| Jurisdiction | Union services | State services |
| Constitutional status | Constitutional | Constitutional |
21. UPSC vs Election Commission of India
Both are constitutional bodies, but their functions are completely different.
| UPSC | Election Commission |
|---|---|
| Recruitment and service-related functions | Elections |
| Articles 315–323 | Article 324 |
| Conducts recruitment examinations | Conducts elections |
| Advises on specified service matters | Supervises elections |
Prelims Trap
Do not confuse Article 315 with Article 324.
315 → Public Service Commissions
324 → Election Commission
22. UPSC vs SSC
The Union Public Service Commission and Staff Selection Commission are not the same type of constitutional institution.
UPSC
- Constitutional body
- Established under Article 315
- Performs functions under Articles 315–323
SSC
- Statutory/executive institutional framework rather than a constitutional commission under Articles 315–323
- Handles recruitment for various posts as assigned to it
UPSC Takeaway
The fact that both conduct recruitment examinations does not make them constitutionally equivalent.
23. Quick Revision Table
| Article | Remember |
|---|---|
| 315 | Establishment of PSCs |
| 316 | Appointment and tenure |
| 317 | Removal and suspension |
| 318 | Conditions of service and staff |
| 319 | Post-tenure restrictions |
| 320 | Functions |
| 321 | Extension of functions |
| 322 | Expenses |
| 323 | Reports |
Memory Trick
315–323 = Establish → Appoint → Remove → Regulate → Restrict → Function → Extend → Expense → Report
24. Common UPSC Prelims Traps
| Statement | Correct? |
|---|---|
| UPSC is a constitutional body | Correct |
| Article 315 establishes Public Service Commissions | Correct |
| UPSC Chairman is appointed by the Prime Minister | Incorrect |
| UPSC members are appointed by the President | Correct |
| State PSC members are appointed by the Governor | Correct |
| UPSC member's maximum age is 65 years | Correct |
| State PSC member's maximum age is 62 years | Correct |
| UPSC expenses are charged on Consolidated Fund of India | Correct |
| UPSC submits its annual report directly to Parliament | Incorrect |
| UPSC submits its annual report to the President | Correct |
| President lays the UPSC report before Parliament | Correct |
| Article 320 deals with functions of Public Service Commissions | Correct |
| UPSC advice is equivalent to a court order | Incorrect |
| Article 324 establishes UPSC | Incorrect |
| Article 315 establishes Public Service Commissions | Correct |
25. UPSC Prelims Practice MCQs
Question 1
Consider the following pairs:
| Article | Subject |
|---|---|
| 315 | Public Service Commissions |
| 316 | Appointment and term |
| 317 | Removal and suspension |
| 320 | Functions |
Which of the above pairs are correctly matched?
A. Only one
B. Only two
C. Only three
D. All four
Answer: D. All four
Question 2
Who appoints the Chairman and members of the Union Public Service Commission?
A. Prime Minister
B. President
C. Parliament
D. Chief Justice of India
Answer: B. President
Question 3
The maximum age prescribed for a member of the UPSC is:
A. 60 years
B. 62 years
C. 65 years
D. 70 years
Answer: C. 65 years
Question 4
Consider the following statements:
- The UPSC is a constitutional body.
- Its expenses are charged on the Consolidated Fund of India.
- Its annual report is submitted to the President.
- Its advice is binding on the government in every matter.
Which statements are correct?
A. 1 and 2 only
B. 1, 2 and 3 only
C. 2, 3 and 4 only
D. 1, 2, 3 and 4
Answer: B. 1, 2 and 3 only
Explanation: UPSC is constitutional, its expenses are charged on the Consolidated Fund of India, and its annual report is submitted to the President. Its advice is not binding in every matter.
Question 5
Which Article deals with the functions of Public Service Commissions?
A. Article 315
B. Article 317
C. Article 320
D. Article 323
Answer: C. Article 320
Question 6
A member of the UPSC can be removed for misbehaviour:
A. Directly by the Prime Minister
B. Directly by the Parliament
C. By the President after the constitutionally prescribed Supreme Court inquiry process
D. By the Chief Justice of India
Answer: C
Question 7
The annual report of the UPSC is laid before Parliament by:
A. Prime Minister
B. President
C. Chairman of UPSC
D. Union Home Minister
Answer: B. President
Explanation: The UPSC submits its annual report to the President, who causes it to be laid before each House of Parliament.
Question 8
Which of the following is correctly matched?
A. Article 320 — Expenses of UPSC
B. Article 321 — Extension of functions
C. Article 322 — Removal of members
D. Article 323 — Appointment of members
Answer: B. Article 321 — Extension of functions
26. UPSC Mains Practice
Question
“The constitutional safeguards provided to the Union Public Service Commission are intended to preserve the independence and impartiality of public recruitment.” Discuss.
Answer Framework
Introduction
Introduce UPSC as a constitutional body established under Article 315 and explain its role in recruitment and service-related matters.
Body
Discuss:
- Constitutional status under Article 315.
- Appointment and tenure under Article 316.
- Removal safeguards under Article 317.
- Financial independence under Article 322.
- Restrictions after tenure under Article 319.
- Constitutional functions under Article 320.
- Annual reporting and parliamentary scrutiny under Article 323.
Then explain how these safeguards reduce direct executive control and support impartial recruitment.
Conclusion
The constitutional design of the UPSC combines functional responsibility with institutional safeguards. Its independence is supported through security of tenure, protected removal procedures, financial provisions and constitutional reporting mechanisms.