Union and State Public Service Commissions: Structure and Authority

Every year, lakhs of aspirants sit down with pens, answer sheets, and years of preparation behind them, hoping to clear one of the most competitive examinations in the world. Behind this massive, merit-driven machinery stands a quiet but powerful constitutional institution – the Public Service Commission. Two commissions, actually: one at the Union level and one for each state. Both were designed by the framers of the Constitution to be insulated from political pressure, and both trace their authority back to a single, foundational provision: Article 315.

The constitutional origin of public service commissions 🔗

The story of India’s Public Service Commissions did not begin in 1950. It began in 1926, when the first Public Service Commission was set up on the recommendations of the Lee Commission, with Sir Ross Barker as its first chairman. It was later reconstituted as the Federal Public Service Commission under the Government of India Act, 1935, and after independence, it was renamed the Union Public Service Commission and given constitutional status on 26 January 1950.

The current framework lives in Part XIV of the Constitution, which is titled Services Under the Union and the States. Articles 315 to 323 lay down the entire scheme – who sets up the commissions, how members are appointed, how long they serve, what functions they perform, and how they are protected from interference.

What Article 315 actually says 🔗

Article 315(1) mandates a Public Service Commission for the Union and a Public Service Commission for each State. It also provides flexibility – two or more states can agree to share one commission, which is then called a Joint State Public Service Commission (JSPSC). Such a shared commission is created by Parliament by law, but only after each state legislature passes a resolution to that effect.

There is also a rarely used but interesting provision: if the Governor of a state requests it, and the President approves, the UPSC can serve the needs of that state as well. This makes the constitutional architecture both firm and adaptable.

Composition and appointment of members 🔗

The Constitution does not fix the exact number of members in either the UPSC or an SPSC. Instead, it leaves the strength to the discretion of the appointing authority. Article 316 empowers the President to appoint members of the UPSC and the Governor to appoint members of the State Public Service Commission. In practice, the UPSC usually functions with a chairperson and around nine to eleven members.

The Constitution imposes one significant qualification requirement: at least one-half of the members of every Public Service Commission must be persons who, on the date of their appointment, have held office for at least ten years either under the Government of India or under a State Government. This ensures that the commission has a strong core of experienced administrative minds. Beyond this, there are no prescribed academic or professional qualifications, which has occasionally sparked debate about reform.

The Governor’s role in an SPSC 🔗

In the case of a State Public Service Commission, the Governor determines the number of members, their conditions of service, and the size of the supporting staff. The Governor can also appoint one of the sitting members as an acting chairperson when the office of chairperson falls vacant or when the chairperson is unable to perform their duties.

Tenure and age limits 🔗

Tenure is where the difference between the Union and State commissions becomes sharpest. A member of the UPSC holds office for six years from the date of entry or until attaining the age of 65 years, whichever is earlier. For a State Public Service Commission or a Joint Public Service Commission, the term is also six years, but the age ceiling is 62 years.

This age limit for SPSCs was not always 62. It was originally 60, but the 41st Constitutional Amendment in 1976 raised it, with the intent of attracting more experienced and meritorious civil servants to state commissions. There have since been suggestions to raise it further, but 62 remains the current ceiling.

Resignation and ineligibility for reappointment 🔗

A member of the UPSC can resign by writing to the President, while a member of an SPSC resigns to the Governor. Importantly, no member – once their term ends – is eligible to be reappointed to the same office. This is a deliberate safeguard against members cultivating political proximity in the hope of a second term. That said, a sitting member of an SPSC can later be appointed as the chairperson of the same SPSC, as the chairperson of another SPSC, or as a chairperson or member of the UPSC.

Removal and suspension 🔗

The independence of a Public Service Commission rests heavily on how difficult it is to remove its members. Article 317 states that the chairperson or any member of a Public Service Commission can be removed only by an order of the President on the ground of misbehaviour, and only after the Supreme Court, on a reference made to it by the President, has inquired into the matter and reported that such removal is warranted.

The Supreme Court’s advice in such an inquiry is binding on the President. For an SPSC, even though the Governor appoints members, removal power lies only with the President. The Governor can suspend a member only while a reference is pending before the Supreme Court.

Other grounds for removal 🔗

Beyond misbehaviour, the President can also directly remove a chairperson or member – without a Supreme Court reference – if the person is adjudged insolvent, engages in any paid employment outside the duties of office, or is deemed unfit due to infirmity of mind or body. If a member becomes interested in any contract or agreement with the Government of India or a State Government in a personal capacity, that itself is treated as misbehaviour under Article 317.

Functions of the commissions 🔗

The real work of the Public Service Commissions is laid out in Article 320, which makes it the duty of the Union and State Public Service Commissions to conduct examinations for appointments to the services of the Union and the States respectively. But examinations are only one part of the job.

The commissions are also consulted on a broad range of service matters. These include direct recruitment through interviews, appointment of officers by promotion or deputation, framing and amendment of recruitment rules, and disciplinary matters concerning civil servants. The UPSC also assists two or more states, when requested, in framing and operating schemes for joint recruitment where specialised qualifications are needed.

Is the advice binding? 🔗

A crucial point: the advice given by a Public Service Commission is not binding on the Government. The government can accept or reject it. However, if advice is rejected, the reasons for non-acceptance must be placed before Parliament or the concerned state legislature through a memorandum attached to the commission’s annual report. This mechanism of legislative scrutiny gives the commissions significant moral weight even when they lack legal finality.

Expenses and financial independence 🔗

One of the quiet but powerful safeguards of the commissions is financial. The entire expenditure of the UPSC – salaries, allowances, and pensions of the chairperson, members, and staff – is charged on the Consolidated Fund of India. For State Public Service Commissions, the corresponding expenses are charged on the Consolidated Fund of the State.

This matters because expenditure that is “charged” on the Consolidated Fund is not subject to a vote in Parliament or the state legislature. It cannot be reduced or withheld through a legislative majority. This financial insulation is what keeps the commissions functionally autonomous, free from the threat of budget cuts being used as a tool of pressure.

Independence: a layered design 🔗

When you put all the pieces together, the commissions’ independence rests on several overlapping protections. Members enjoy security of tenure. Their service conditions cannot be varied to their disadvantage after appointment. Their expenses are charged on the Consolidated Fund. They cannot be reappointed to the same office, which blunts any incentive to curry favour. And the chairperson of the UPSC, after demitting office, is barred from any further employment under the Government of India or a state – a strict post-retirement restriction.

A member of the UPSC, on the other hand, is eligible only to become the chairperson of the UPSC or the chairperson of a State Public Service Commission, but nothing else. The restrictions are carefully graded to protect the impartiality of future decisions while still allowing experienced members to continue serving the system.

Reports and accountability 🔗

Under Article 323, the UPSC is required to present an annual report of its work to the President, who then places it before both Houses of Parliament along with a memorandum explaining any case in which the commission’s advice was not accepted. A State Public Service Commission submits its annual report to the Governor, who places it before the state legislature. A Joint Public Service Commission submits its report to each of the concerned governors.

This reporting mechanism closes the loop between constitutional independence and democratic accountability. The commissions are shielded from political control, but they are not beyond public scrutiny.

What do you think? Given that the advice of Public Service Commissions is not binding on the government, do you think this strikes the right balance between expert recommendation and executive discretion – or does it dilute the commissions’ authority? And should the Constitution specify minimum qualifications for members, or is the current flexibility necessary for a diverse, experienced commission?

References

1. https://en.wikipedia.org/wiki/Union_Public_Service_Commission
2. https://www.constitutionofindia.net/articles/article-315-public-service-commissions-for-the-union-and-for-the-states/
3. https://www.constitutionofindia.net/articles/article-316-appointment-and-term-of-office-of-members/
4. https://www.shankariasparliament.com/current-affairs/state-public-service-commissions
5. https://www.constitutionofindia.net/articles/article-317-removal-and-suspension-of-a-member-of-a-public-service-commission/
6. https://upsc.gov.in/about-us/constitutional-provisions/article-320-functions-public-service-commissions
7. https://upsc.gov.in/about-us/functions
8. https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-national-institutions/public-service-commissions-union-and-state