The Union Public Service Commission (UPSC) is an independent constitutional entity and serves as a guardian of the merit system in India. Under Part XIV (Article 315 to Article 323) of the Constitution, the commission is established to guarantee equity, justice, and fairness in the recruitment of civil servants. 

Evolution of Union Public Service Commission

Initially, civil servants for the East India Company were nominated by the directors of the company themselves. The whole process of selection was obscure and based on nepotism and favouritism. Afterward, they received training at Haileybury College in London before being assigned to India.

• Macaulay committee: Charter Act of 1853 introduced an open competition of selection and recruitment of civil servants, and the covenanted civil service was thrown open to Indians too. Accordingly, a committee on Indian civil services (Macaulay committee) was appointed in 1854 which recommended merit-based recruitment of Indians into civil services. For this purpose, a civil service commission was set up in 1854 in London and a competitive exam for civil services started in 1855.

Satyendra Nath Tagore became the first Indian to succeed in the civil service exam in 1864.

• Civil services examination in India: From 1922 onwards, the Indian civil service examination began to be held in India too, first in Allahabad and later on in Delhi.
• Lee commission: Indianization of the superior civil services became one of the major demands of the political movement compelling the British Indian government to consider setting up a Public service commission. First such commission was formed on 1st October 1926 on recommendations of Lee commission with Sir Ross Barker as its first chairman.
• Government of India Act, 1935: It envisaged for a separate Public service commission for federation and for a province or a group of provinces. (on 1st April 1937 Federal Public Service Commission was established).
• With the enactment of the Constitution of India on 26th January 1950, Federal Public Service Commission was accorded a constitutional status as an autonomous entity and was given the title Union Public Service Commission.

Composition of Union Public Service Commission

The UPSC consists of a chairman and other members (up to 10). The Constitution does not specify the number of members in the commission, leaving this decision to the President’s discretion.

Appointment Process of Union Public Service Commission

According to Article 316 of the Constitution:

• Appointment by President: The President appoints the chairman and other members of the UPSC. The terms and conditions of service of chairman and members are governed by Union Public Service Commission (members) regulations, 1969. 
• Qualifications: As for qualifications, there are no specific criteria needed for membership on the commission, except that at least half of the UPSC members must have held office under the Government of India or any state government for a minimum of ten years at the time of their appointment.

Tenure of Union Public Service Commission Members

The chairman and members of the UPSC serve a term of six years or until they reach the age of 65, whichever comes first; however, they may resign at any time by submitting their resignation to the President.

They can also be removed before their term ends by the President following the procedures outlined in the Constitution. 

The President may temporarily designate one of the UPSC members as acting chairman if: 

• the chairman’s position becomes vacant or 
• the chairman is unable to perform their duties for any reason.

Removal of Union Public Service Commission chairman and members

Under Article 317, the Constitution explicitly outlines the reasons for the removal of the chairman and members of the UPSC.

As specified in this article, the President has the authority to remove the chairman or a member of the UPSC based on certain grounds: 

• Insolvency
• Paid employment outside the duties of his/her office
• Unfit in the opinion of President
• Misbehaviour(in this case President has to refer the matter to Supreme Court of India for an enquiry, advice tendered by Supreme Court in this regard is binding on the President)

Functions of Union Public Service Commission

UPSC works as a central recruiting agency. Consequently, it carries out the following important functions under Article 320 of the Constitution:

• • Recruitment by competitive examination: The UPSC organizes exams for appointments to the All-India services, central services, and public services in centrally administered territories. This encompasses exams for various recruitments, such as civil services, engineering services, economic services, etc. Furthermore, it also conducts exams for certain defense services, including the CDS and NDA. 

• Assist states: It provides assistance to states, if two or more states request it, in developing schemes for joint recruitment for any services. 

• Consultative functions related to personnel management: The task of UPSC is not limited to recruitment alone. Additionally, it is responsible for personnel management. For this, the Commission assess: 
  • The suitability of candidates for appointments to civil services, promotions and transfers from one service to another and appointments by transfer or deputation.
  • It also has the responsibility of creating and modifying recruitment rules for different services and posts within the government.
  • Disciplinary cases relating to different civil services. (Such as withholding increments, promotions, compulsory retirement etc.) are dealt under supervision of UPSC.

• Advisory function: UPSC performs the function of advising the government on any matter referred to the commission by the President of India. Recommendations provided by the UPSC are advisory in nature.

• Annual report: The commission submits an annual performance report to the President (Article 323). The President then presents this report to both Houses of Parliament, along with a memorandum that clarifies any advice from the commission that was not accepted. All cases of non-acceptance must receive approval from the Appointments Committee of the Union Cabinet. An individual ministry or department does not possess the authority to reject the UPSC’s advice.
• Additional functions: The Parliament may assign further functions related to Union services to the UPSC. The jurisdiction of the UPSC can be expanded through an act passed by Parliament (Article 321).

Independence of the Commission

To safeguard the independence of UPSC, the constitution provides following provisions:

• Security of tenure: The President can only remove the chairman and members of the UPSC in the manner and for the reasons specified in the Constitution. This ensures the Commission’s independence from external interferences in its operations.

• Conditions of service: The conditions of service of the chairman or a member, though determined by the President, cannot be varied to their disadvantage after their appointment.
• Expenses: All costs, including the salaries, pensions, and allowances of the UPSC chairman and members, are charged to the Consolidated Fund of India. Thus, they are not subject to a vote of Parliament. 
• Employment after retirement: Chairman of the commission cannot be re-appointed and is not eligible for further employment in the government of India or state.

Members of the commission are eligible for appointment as chairman of UPSC or as a Chairman of State public service commission but not for any other employment in the government of India or a state.

This provision ensures impartiality and non-partisanship on the part of Chairman and members while discharging their functions.

Conclusion

Recruiting civil servants who uphold high moral and ethical standards is essential for the successful implementation of government schemes. The UPSC has consistently demonstrated its crucial role in maintaining the meritocratic nature of Indian Civil Services. Therefore, additional powers can be granted to the Commission to enhance its operational efficiency.