Union Public Service Commission: Composition, Appointment and Removal

UPSC composition refers to the Chairman and members of the Union Public Service Commission, all appointed by the President under Article 316, holding fixed tenure with removal protections that keep the body free of executive pressure. Set up under Article 315 as the recruiting arm for civil services of the Union, the Commission's composition, appointment method, and removal procedure together guarantee that entry into the bureaucracy stays merit-based rather than politically directed. Articles 315 to 323, in Part XIV of the Constitution, lay down this framework.

Constitutional Basis: Article 315

Article 315 establishes a Public Service Commission for the Union and a separate one for each State. It also allows two or more States to share a single commission: if the legislatures of those States each pass a resolution to that effect, Parliament may by law set up a Joint State Public Service Commission to serve all of them. Separately, the Union Commission may agree — with the President's approval — to serve a State's needs if that State's Governor requests it. Wherever the Constitution refers to "the Union Public Service Commission" or "a State Public Service Commission," this covers whichever commission actually serves the needs in question.

Appointment and Term of Members: Article 316

Article 316 fixes who appoints the Commission's Chairman and members. For the Union Commission (and for any Joint Commission), the President makes the appointment; for a State Commission, the Governor of the State does so. A proviso attached to this scheme protects members once in office: the conditions of service of a Public Service Commission member cannot be altered to his disadvantage after he has been appointed.

The Commission's practical strength — how many members it has, and their conditions of service — is not fixed permanently in the Constitution. Instead, Article 318 empowers the President (Union Commission) or the Governor (State Commission) to determine the number of members and to make provision for the staff. Regulations made under this power must be laid before Parliament, or the State Legislature, for at least fourteen days, and are subject to modification during that session.

On tenure, members hold office for six years, or until they reach the age of sixty-five, whichever comes earlier.

Removal and Suspension: Article 317

Because the Commission functions as an independent recruiting authority, its members enjoy protection from arbitrary removal. A member cannot simply be dismissed by the government of the day; removal or suspension is subject to a thorough enquiry, conducted by a judge of the Supreme Court, into the alleged ground for removal. This procedure — modelled on the safeguard used for higher judicial officers — is what gives the Commission its constitutional independence: a Chairman or member can be removed from office only if such an inquiry finds sufficient cause, not on the government's own assessment.

Restriction on Future Employment: Article 319

Article 319 places restrictions on what members can do once they cease to hold office, precisely because of how closely the Commission's work touches government recruitment decisions:

On ceasing to hold office	Eligibility after
Chairman of the Union Public Service Commission	Ineligible for any further employment under the Government of India or a State Government
Chairman of a State Public Service Commission	Eligible for appointment as Chairman or member of the Union Commission, or Chairman of another State Commission — but not for other government employment
A member (other than Chairman) of the Union Commission	Eligible for appointment as Chairman of the Union Commission or of a State Commission — but not for other government employment
A member (other than Chairman) of a State Commission	Eligible for appointment as Chairman or member of the Union Commission, or as Chairman of that or any other State Commission — but not for other government employment

The logic behind this bar surfaced in the Constituent Assembly debates. Dr. B.R. Ambedkar explained the distinction with the judiciary: a Public Service Commission member is constantly deciding matters in which the government has a direct stake — recruitment to its own civil service — creating a real risk that a minister could influence a member by dangling a future office. Judges, by contrast, mostly decide disputes between citizens in which the government has little or no interest, so no comparable post-retirement restriction was thought necessary for them.

Functions and Extension of Functions

Under Article 320, the Union and State Commissions must conduct examinations for appointments to the services of the Union and of the States respectively. The Union Commission also has a duty to assist any two or more States, if requested, in framing and operating joint recruitment schemes for services requiring candidates with special qualifications. Beyond exams, the Commissions are consulted on recruitment methods and on principles governing appointments, promotions, transfers, and disciplinary matters.

Article 321 lets Parliament, or a State Legislature, extend the functions of the Union or State Commission by law to cover services of any local authority or other body corporate, beyond the regular Union or State services.

Expenses and Institutional Standing

Article 322 places the expenses of the Public Service Commissions on the Consolidated Fund of the relevant government as "charged" expenditure. In the Constituent Assembly, this status was discussed alongside similar protection given to the Comptroller and Auditor-General and Supreme Court judges: charged expenditure keeps day-to-day ministries from squeezing the Commission's funding, while Parliament retains the right to discuss it even though it cannot vote the expenditure down. This financial insulation is one more layer supporting the Commission's independence, alongside the appointment and removal safeguards.

Why This Design Matters

Dr. Ambedkar described independent Public Service Commissions — alongside a strengthened Supreme Court and an independent Comptroller and Auditor-General — as core constitutional safeguards. If recruitment to the civil services were left entirely to ministerial discretion, appointments could drift toward patronage rather than merit. By fixing the Commission's composition through presidential/gubernatorial appointment, protecting tenure, and requiring a judicial inquiry before removal, the Constitution keeps the gateway into the permanent bureaucracy insulated from day-to-day political control.

UPSC Relevance

Prelims

• Articles 315–323 fall under Part XIV, Chapter II of the Constitution — memorise the article-to-subject mapping in the table below.
• Union Commission members are appointed by the President; State Commission members by the Governor.
• Tenure: six years or age 65, whichever is earlier.
• Removal requires a Supreme Court judge's inquiry, not a simple executive order.
• The Chairman of the UPSC is barred from further government employment after ceasing office, while a State Commission Chairman is not equally barred (can move to the Union Commission).

Mains

• Discuss how the appointment, tenure, and removal provisions for the UPSC (Articles 316–317) safeguard the neutrality of civil service recruitment. (GS2)
• Examine the constitutional design that places the UPSC among independent bodies such as the CAG and the Supreme Court in protecting citizens' interests. (GS2)

FAQ

Q1. Who appoints the Chairman and members of the UPSC? The President of India appoints the Chairman and other members of the Union Public Service Commission under Article 316. For a State Public Service Commission, the appointing authority is the Governor of that State.

Q2. What is the tenure of a UPSC member? A member holds office for six years, or until reaching the age of 65, whichever limit arrives first.

Q3. How can a UPSC member be removed from office? Removal or suspension is not at the government's discretion; it follows a thorough enquiry into the ground for removal conducted by a judge of the Supreme Court, as provided under Article 317.

Q4. Can a former UPSC Chairman take up another government post? No. Under Article 319, the Chairman of the Union Public Service Commission is ineligible for any further employment under the Government of India or a State Government after ceasing to hold office.

Q5. Can two States share one Public Service Commission? Yes. Under Article 315, if the legislatures of two or more States each pass a resolution requesting it, Parliament may by law create a Joint State Public Service Commission to serve those States.

Quick Revision

• Article 315: PSC for the Union and each State; Joint State Commission possible via State resolutions + Parliament law.
• Article 316: President appoints Union/Joint Commission members; Governor appoints State Commission members. Service conditions can't be worsened after appointment.
• Tenure: 6 years or age 65, whichever earlier.
• Article 317: Removal only after Supreme Court judge's inquiry.
• Article 318: President/Governor fix member strength and staff conditions; regulations laid before legislature for 14 days.
• Article 319: Union Commission Chairman barred from further government employment; other members/State Chairmen have limited eligibility only within Commission posts.
• Article 320: Duty to conduct service examinations; advises on recruitment, promotions, transfers, discipline.
• Article 321: Parliament/State Legislature may extend Commission's functions to local bodies.
• Article 322: Expenses charged on the Consolidated Fund, insulating the Commission financially.

Sources

• Constitution of India — Articles 315 to 323, Part XIV, Chapter II
• Constituent Assembly Debates, 25 May 1949 and 30 May 1949

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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