This article covers SSC Polity UPSC and State PSC PPT Slides (LEC #17) (UPSC और राज्य PSC), part of the Complete Foundation Batch PPT Series at slideshareppt.net. The Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) are constitutional bodies under Part XIV of the Constitution (Articles 315–323). Questions on UPSC’s appointment, removal, term, functions, post-retirement restrictions, and the difference between UPSC and SPSC are regularly asked in SSC CGL, CHSL, CPO, and MTS exams.
SSC Polity UPSC and State PSC PPT Slides (LEC #17)
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SSC Polity UPSC and State PSC PPT Slides (LEC #17)
1. Public Service Commissions – Introduction
Public Service Commissions are constitutional bodies established to ensure merit-based, impartial recruitment to civil services
Part XIV of the Constitution (Articles 308–323) deals with Services under the Union and States
Articles 315–323 specifically deal with Public Service Commissions
UPSC (Union Public Service Commission) – for Central/All India services
SPSC (State Public Service Commission) – for state civil services in each state
Joint PSC – can be created by Parliament for two or more states (Article 315(2))
PSCs are independent constitutional bodies – safeguards ensure they cannot be influenced by the executive
The idea of a PSC was first introduced in India under the Government of India Act 1919; formally established in 1926 as ‘Public Service Commission’
2. Key Constitutional Articles – UPSC and SPSC
Article
Subject
Article 315
Public Service Commissions for the Union and for the States
Article 316
Appointment and term of office of members of PSC
Article 317
Removal and suspension of a member of PSC
Article 318
Power to make regulations as to conditions of service of members and staff of Commission
Article 319
Prohibition as to the holding of offices by members of Commission on ceasing to be such members
Article 320
Functions of Public Service Commissions
Article 321
Power to extend functions of Public Service Commissions
Article 322
Expenses of Public Service Commissions
Article 323
Reports of Public Service Commissions
3. Composition and Appointment – Article 316
UPSC Composition
UPSC consists of a Chairman and other members appointed by the President
Number of members not fixed by Constitution – determined by President
Currently: 1 Chairman + up to 10 members (varies)
At least half of members must have held office under Government of India or State Government for at least 10 years
The constitutional intent is to have experienced civil servants as members
SPSC Composition
SPSC consists of a Chairman and other members appointed by the Governor
Number of members determined by Governor
Same requirement: at least half of members must have 10+ years of government service
Joint Public Service Commission – Article 315(2)
Parliament may by law provide for the appointment of a Joint PSC for any two or more states
Members of a Joint PSC appointed by the President (not by the respective Governors)
Example: there was a Joint PSC for Punjab and Haryana before separation
4. Term of Office – Article 316
UPSC members: hold office for 6 years OR until they attain the age of 65 years, whichever is earlier
SPSC members: hold office for 6 years OR until they attain the age of 62 years, whichever is earlier
Members can resign at any time by writing to the President (UPSC) or Governor (SPSC)
Members can be removed before expiry of term only by the procedure under Article 317
A person who has held office as a member of UPSC is not eligible for reappointment to that office
5. Removal and Suspension – Article 317
The removal procedure for UPSC/SPSC members is deliberately made very difficult to protect their independence:
Ground
Who Removes
Procedure
Misbehaviour (proved)
President – but ONLY on inquiry by and report of Supreme Court (Article 317(1))
President refers to SC; SC conducts inquiry; if SC advises removal, President removes; SC’s advice is binding on President
Insolvency
President (without SC inquiry)
Automatic – if member adjudged insolvent
Engagement in paid employment outside duties
President (without SC inquiry)
Automatic – if found engaged in outside paid employment
Infirmity of mind or body
President (without SC inquiry)
If declared of unsound mind by court
Pecuniary interest in contract
President (without SC inquiry)
If found interested in any contract or agreement made by Government
Suspension
President can suspend a member while inquiry is pending
Pending final order of removal by President
Key Point – SPSC Removal by President, Not Governor
Even for SPSC, the power to remove a member is with the PRESIDENT – not with the Governor
This is a very important SSC exam point – if Governor could remove SPSC members, the state government could misuse this power
President can suspend an SPSC member pending inquiry (Article 317(2))
6. Functions of Public Service Commissions – Article 320
Function
Details (Article 320)
Recruitment
Conduct examinations for appointments to services of Union/State; direct recruitment to civil services and posts
Advisory on methods
Advise on methods of recruitment to civil services and civil posts
Advisory on promotions/transfers
Advise on principles governing promotions and transfers from one service to another
Disciplinary matters
Advise on all disciplinary matters affecting persons serving under Government (penalties, dismissal, removal)
Claims for costs
Advise on claims by or against government servants in respect of legal proceedings arising out of discharge of official duty
Claims for pension
Advise on claims for reimbursement of legal costs in disciplinary proceedings
Other functions
Such other functions as Parliament (for UPSC) or State Legislature (for SPSC) may by law provide
What UPSC Does NOT Do
UPSC does NOT conduct SSC exams (SSC CGL, CHSL, MTS) – these are conducted by Staff Selection Commission (SSC)
UPSC does NOT conduct banking exams (conducted by IBPS or individual banks)
UPSC does NOT conduct RRB exams (conducted by Railway Recruitment Boards)
UPSC is consulted but its advice is NOT binding on the Government in all cases
Government can deviate from UPSC’s advice but must record reasons
7. UPSC vs SPSC – Complete Comparison
Feature
UPSC (Union Public Service Commission)
SPSC (State Public Service Commission)
Constitutional Article
Article 315
Article 315
Jurisdiction
All India / Central services and posts
State services and posts
Appointment of Chairman + Members
President of India
Governor of the State
Removal
By President (same procedure as SC judge – inquiry by SC)
By President (NOT by Governor) – on reference to SC
Term of office
6 years OR till age 65, whichever is earlier
6 years OR till age 62, whichever is earlier
Post-retirement employment
Cannot hold any office under GoI or State Govt after retirement (Article 319)
Same restriction – cannot serve under state or central government
Salary charged to
Consolidated Fund of India
Consolidated Fund of the State
Annual Report submitted to
President; laid before both Houses of Parliament
Governor; laid before state legislature
Can serve another state?
UPSC Chairman cannot; members can be appointed as Chairman or member of SPSC
SPSC member can be appointed to UPSC or another SPSC
Joint PSC for states
President can create Joint PSC for two or more states (Article 315(2))
—
8. Independence of Public Service Commissions – Safeguards
Safeguard
Details
Security of tenure
Members serve for 6 years or till age 65 (UPSC) / 62 (SPSC); cannot be removed except by difficult procedure
Removal only by President
SPSC members also removed by President (NOT by Governor) – prevents state government misuse
Removal requires SC inquiry
For proved misbehaviour, President can only remove after SC inquiry (Article 317)
Salary from Consolidated Fund
UPSC salaries from CFI; SPSC from CFoS – not subject to vote of legislature
Post-retirement bar
Chairman and members cannot accept any employment under Central or State Government after retirement (Article 319)
UPSC Chairman post-retirement bar
UPSC Chairman cannot hold any office under Central or State Govt; members can be SPSC Chairman
SPSC Chairman post-retirement bar
Cannot hold any office under state government; can be UPSC member or SPSC Chairman of another state
Service conditions unchanged
Conditions of service of Chairman/members cannot be varied to their disadvantage after appointment
9. Post-Retirement Restrictions – Article 319
After ceasing to be Chairman or member of UPSC: cannot hold any office of profit under Government of India or any State Government
UPSC Chairman: ABSOLUTE BAR – cannot hold any office under Central or State government after retirement
UPSC member (other than Chairman): can be appointed as Chairman of UPSC or Chairman/member of SPSC; no other office
SPSC Chairman: cannot hold any office under that state government; CAN be UPSC member OR Chairman/member of another SPSC
SPSC member (other than Chairman): can be appointed as UPSC Chairman/member OR Chairman/member of any SPSC; no other office
Purpose: To prevent members from compromising their independence while in office in hope of post-retirement benefits
10. Annual Report – Article 323
UPSC presents an annual report to the President on the work done by the Commission
President causes the report to be laid before each House of Parliament
A memorandum is also presented explaining cases where UPSC’s advice was not accepted
SPSC presents annual report to Governor; Governor causes it to be laid before state legislature
The annual report ensures parliamentary/legislative accountability of PSCs
11. Key Examinations Conducted by UPSC
Exam / Service
Conducting Body
Posts Filled
Civil Services Examination (CSE)
UPSC
IAS, IFS (Foreign Service), IPS, Central Services Group A and B
Combined Defence Services Exam (CDS)
UPSC
Officers in Army, Navy, Air Force
National Defence Academy (NDA) Exam
UPSC
Entry to NDA and Naval Academy
Engineering Services Exam (ESE / IES)
UPSC
Indian Engineering Services (Group A)
CAPF (Central Armed Police Forces) AC Exam
UPSC
Assistant Commandants in BSF, CRPF, CISF, ITBP, SSB
Combined Medical Services Exam (CMS)
UPSC
Medical Officers in Central Health Services
EPFO (Enforcement Officer)
UPSC
Enforcement Officer/Accounts Officer in EPFO
SSC CGL
Staff Selection Commission (SSC)
Group B and C posts (not Group A civil services)
SSC CHSL
SSC
LDC, JSA, PA, SA, DEO posts
State Civil Services Exam
SPSC of respective state
State Administrative Service (SAS), State Police Service, etc.
UPSC vs SSC – Key Distinction for Exam
UPSC conducts Civil Services Exam (IAS/IPS/IFS) and other Group A services exams
SSC (Staff Selection Commission) conducts SSC CGL, CHSL, MTS, CPO, GD, Steno exams for Group B and C posts
SSC is NOT a constitutional body – it is a statutory body under Ministry of Personnel
UPSC IS a constitutional body – established under Article 315
RRB (Railway Recruitment Board) conducts Group C and D Railway exams
12. Other Constitutional Bodies – Quick Reference
Constitutional Body
Article
Appointed By
Removed By
Report To
UPSC
315–323
President
President (after SC inquiry for misconduct)
President → Parliament
SPSC
315–323
Governor
President (NOT Governor)
Governor → State Legislature
Election Commission of India
324
President
Same as SC judge (President on address by Parliament)
Independent
Comptroller & Auditor General (CAG)
148
President
Same as SC judge
President → Parliament
Finance Commission
280
President
—
President → Parliament
National Commission for SCs
338
President
—
President → Parliament
National Commission for STs
338A
President
—
President → Parliament
Attorney General of India
76
President
President (at pleasure)
—
Advocate General of State
165
Governor
Governor (at pleasure)
—
13. Quick Revision Fact Table – UPSC and State PSC
Fact
Detail
UPSC established by
Article 315 of the Constitution; also a constitutional body under Part XIV
UPSC – full form
Union Public Service Commission
UPSC Chairman appointed by
President of India (Article 316)
UPSC members’ term
6 years OR till age 65, whichever is earlier
SPSC members’ term
6 years OR till age 62, whichever is earlier
UPSC Chairman removed by
President – but only after inquiry by Supreme Court (Article 317)
SPSC Chairman removed by
President (NOT the Governor) – after SC inquiry
UPSC salary charged to
Consolidated Fund of India (not subject to Parliamentary vote)
UPSC annual report submitted to
President; laid before both Houses of Parliament
SPSC annual report submitted to
Governor; laid before state legislature
UPSC Chairman after retirement
Cannot hold any office under Central or State Government (Article 319)
SPSC Chairman after retirement
Cannot hold office under that state; can be UPSC member or SPSC Chairman of another state
UPSC functions under
Article 320 – examinations, recruitment, advisory role on promotions, discipline
First Chairman of UPSC
Ross Barker (1926 – when it was Public Service Commission under GoI Act 1919)
First Chairman of UPSC after independence
H.K. Kripalani (1947)
UPSC headquarters
Dholpur House, New Delhi
Joint PSC
Parliament can create Joint PSC for two or more states (Article 315(2)); members appointed by President
Article 319 – prohibition
After ceasing to be UPSC member, cannot take office under GoI or State; UPSC Chairman: absolute bar
Article 321
Parliament/State Legislature can extend functions of PSC by law
Article 322
Expenses of UPSC charged to CFI; SPSC to CFoS – non-votable
