Advisory role of the UPSC
Also called: Article 320 · Topic: Constitutional Bodies: UPSC, CAG, Finance Commission and Others · NCERT: Beyond NCERT
Meaning
Under Article 320(3), the government must consult the UPSC on these matters:
- methods of recruitment;
- principles for appointments, promotions and transfers;
- disciplinary cases;
- some claims for legal costs and injury pensions.
But the UPSC only gives advice. Its advice is not binding, which means the government does not have to follow it. Under Art. 320(4), the UPSC need not be consulted on reservations under Art. 16(4) or on Art. 335. Under Art. 320(5), regulations can take posts out of its purview. These regulations are laid before Parliament, which can change them. The check on the government comes from Art. 323: each case where the government rejected the UPSC's advice must be explained in a memorandum placed before Parliament.
Example
In State of U.P. v. Manbodhan Lal Srivastava (1957), the Supreme Court held that Art. 320(3) is "directory", meaning it is only a guideline. So a government action is still valid even if the UPSC was not consulted.
Don't confuse with
- ECI orders: the Election Commission's orders on conducting elections are binding. UPSC advice is not.