STATUS– The Union Public Service Commission is a constitutionality constituted independent body under the constitution. It is an advisory body to help recruitment in Government Service.
COMPOSITION– It consists of a Chairman and other members appointed by the President. The total number is fixed by the president. At least half of them should be with 10 years of Government Service or Experience. The tenure is 6 years. Retiring age is 65 years.
REMOVAL– The President may remove a member on a report of the Supreme Court given on a reference by the President to it. There were, infirmity is not a ground. Where a professor known to be blind was appointed, a member of the Bihar State Public Service Commission. Supreme Court held he cannot be removed under infirmity. (Shankar Prasad v/s State of Bihar) 1993
INDEPENDENCE & DUTIES– The UPSC is independent because:
I- Its member cannot be removed except under a special procedure.
II- The service conditions of members should not be varied.
III- Its expenses are charged on the consolidate fund.
IV- It is the duty of the commission to conduct examination for appointments to Union Services.
V- To advice on any matter referred to it by the president.
VI- To exercise statutory function.
CONSULTATIVE FUNCTION– The UPSC shall be consulted –
1- On all matters relating to methods of recruitment to Civil Services.
2- On the principles to the followed in making appointments, transfers, promotions, etc.
3- On all disciplinary proceedings.
CONSTITUIONAL SAFEGURADS OF CIVIL SERVANTS–
In a Parliamentary System of Government, the policy is decided by the Cabinet. It is a body of officials. The civil Servants who actually put the policy of the state into operation. These are permanent officials when compared to the political heads, the ministers, whose tenure is temporary (max-5yrs).
Civil servants are the backbone of the administration. The success lies in selecting the right of men, who are honest, impartial, efficient, sincere and disciplined. The best available talents can be attacked by offering the security of service and protection against arbitrary dismissals or terminations. The Constitution aims at this objective. Art- 309 to 311 have provided for the safe-guards which are beyond the ordinary powers of the Parliament.
Article- 311(2), A Civil Servant may be dismissed, removed or reduced in rank, but the Procedure to be followed is-
He should to given a show-cause notice stating clearly the charges.
An enquiry is to be conducted.
He must be given an opportunity to defend himself. This requires that the principles of natural justice must be followed, i.e there should be no BIAS, and the rules audi alterem partens (hear the other side) followed.
42nd Amendment- after the above enquiry, if a penalty was proposed against the civil servant, he was given the opportunity of being heard against such proposed penalty. This second opportunity is dropped by the 42nd Amendment.