Union Public Service Commission

Also called: UPSC, Article 315 · Topic: Constitutional Bodies: UPSC, CAG, Finance Commission and Others · NCERT: Class 7, Ch 6 "The State, the Government, and You"; Class 11, Ch 4 "Executive"

Meaning

The Union Public Service Commission (UPSC) is a constitutional body set up under Article 315. It picks people for the Union's jobs, such as the all-India services (like the IAS and IPS) and the central services, using exams and interviews based on merit. Its members serve for 6 years or until age 65, whichever comes first.

It matters because it keeps government hiring away from politicians. This gives India a neutral, professional bureaucracy, meaning permanent officials who do not belong to any political party.

Explanation

Why the UPSC exists and how it grew

• The aim is a neutral bureaucracy. NCERT Class 11, Ch 4 "Executive" says officials should be chosen fairly, on merit, and should stay out of party politics.
• A Public Service Commission (PSC) holds the exams and interviews.

• Because of this, politicians cannot hand out jobs as favours.

• History in steps: 1. 1919: Section 96(C) of the Government of India Act, 1919 allowed for a PSC, but none was set up [2]. 2. 27 March 1924: the Lee Commission (Royal Commission on the Superior Civil Services in India) strongly recommended a statutory PSC, meaning one created by law [2]. 3. 1 October 1926: the first PSC was set up with a Chairman and 4 members. Sir Ross Barker was its first Chairman [2]. 4. 1935: the Government of India Act, 1935 provided for a Federal PSC and Provincial PSCs [2]. 5. 1937: the Federal Public Service Commission was set up. Sir Eyre Gordon was its first Chairman (1937–42) [3]. 6. 26 January 1950: when the Constitution came into force, the Federal PSC became the UPSC [3].

Appointment and make-up (Articles 316 and 318)

• Appointed by: the President.
• Number of members: the Constitution does not fix it. The President decides it through regulations under Art. 318 [5].
• The half rule: as far as possible, at least half the members must have held office under the Government of India or a state government for at least 10 years [7]. The rest can come from academia, law and other fields.
• Term: 6 years or until age 65, whichever comes first.
• No reappointment to the same office after the term ends.
• Reports to: the President.
• Current head: Dr. Ajay Kumar took charge as Chairman of the UPSC in 2025 [9].

Removal and suspension (Article 317)

• Route 1: removal for misbehaviour (Art. 317(1)), in order: 1. Reference: the President sends the charge to the Supreme Court. 2. Inquiry: the Supreme Court holds the inquiry under the procedure made under Article 145, the article that lets the Court make its own rules [4]. 3. Suspension in the meantime (Art. 317(2)): the President can suspend the member while the inquiry goes on [4]. 4. Report: the Court reports that the member ought to be removed. 5. Order: only then can the President remove the member.

• If the Court finds no misbehaviour, the member cannot be removed on that ground.

• What counts as misbehaviour (Art. 317(4)): a member who is concerned or interested in any contract or agreement made by the Union or a state government, or who shares in its profits, is deemed guilty of misbehaviour ("deemed" means the law treats it as misbehaviour automatically). Being an ordinary member of an incorporated company does not count [4].

• Route 2: direct removal with no Court inquiry (Art. 317(3)). The President can remove a member who [4]:
• (a) is declared insolvent, meaning unable to pay debts;
• (b) takes paid employment outside the duties of the office; or
• (c) is unfit to continue because of infirmity of mind or body, in the President's opinion.

Other safeguards of independence

• Service conditions (Art. 318): after a member is appointed, these cannot be changed to the member's disadvantage [5]. So the government cannot cut pay or benefits to punish a member.
• Charged expenditure (Art. 322): all expenses, including salaries and pensions, are charged on the Consolidated Fund of India. Parliament can discuss this spending but does not vote on it, so money cannot be used to pressure the UPSC.
• Bar on later jobs (Art. 319): this stops members from pleasing the government in the hope of a job after retirement [6].
• Chairman, UPSC: cannot take any further job under the Government of India or a state government.
• Member, UPSC: can become only Chairman of the UPSC or Chairman of an SPSC.

In the Constitution and practice

• Constitutional home: Part XIV, Articles 315–323.

• Art. 315: setting up PSCs. Art. 316: appointment and term. Art. 317: removal and suspension. Art. 318: service conditions. Art. 319: bar on later jobs. Art. 320: functions. Art. 322: expenses charged on the Consolidated Fund.

• Three kinds of commission under Art. 315 [7]:

• UPSC: for the Union.
• State PSC (SPSC): one for each state.

• Joint State PSC (JSPSC): shared by two or more states. Parliament creates it by law after their state legislatures pass resolutions, so it is a statutory body.

• UPSC helping a state (Art. 315(4)): if a state's Governor asks and the President approves, the UPSC can meet all or any of that state's needs [7].

• Functions (Art. 320): the UPSC holds exams for appointments to Union services. If two or more states ask, it must help them plan joint recruitment for posts that need special qualifications [7].
• Constituent Assembly: draft Article 317 was introduced and adopted on 22 August 1949. Two amendments were moved and both were rejected [4].
• NCERT wording vs the text: NCERT says an "enquiry made by a judge of the Supreme Court". Under Art. 317(1), the inquiry is held by the Supreme Court itself [4].
• In practice: the IAS and IPS, the backbone of administration in the states, are recruited through the UPSC. On 1 October 2025 the UPSC began its centenary year, marking 100 years since 1926 [8].

Don't confuse with

• State Public Service Commission (SPSC): the Governor appoints its members and the age limit is 62, but only the President can remove them. The Governor can only suspend.
• Joint State PSC (JSPSC): created by an ordinary law of Parliament, so it is a statutory body, not a constitutional one. The President appoints its members, and it reports to each Governor concerned.
• Removal for misbehaviour vs removal under Art. 317(3): only misbehaviour needs a Supreme Court inquiry. Insolvency, outside paid work and infirmity need no inquiry.
• UPSC Chairman vs UPSC member (Art. 319): the Chairman can take no further government job. A member can become UPSC Chairman or an SPSC Chairman, but not an SPSC member.

Prelims Hooks

• Timeline: Lee Commission report (1924) → first PSC on 1 October 1926 under Sir Ross Barker → Federal PSC in 1937 → renamed UPSC on 26 January 1950 [2] [3].
• Trap: the Constitution does not fix the number of UPSC members. The President fixes it by regulation (Art. 318) [5].
• Half rule: at least half the members must have 10 years of government service [7].
• Age limits: UPSC 65. SPSC and JSPSC 62, raised from 60 by the 41st Amendment, 1976. The term is 6 years for all three.
• Art. 317(4): having an interest in a government contract is deemed misbehaviour [4].
• Supreme Court inquiry follows the procedure under Art. 145 and is needed only for removal on grounds of misbehaviour [4].

Mains Points

• Layers of independence:
• Security of tenure (Art. 317), service conditions that cannot be cut (Art. 318), charged expenditure (Art. 322) and the bar on later jobs (Art. 319) work together.

• Together they protect merit-based hiring from political pressure. This design is similar to the safeguards for judges and the CAG.

• Advice, not control: the UPSC recommends candidates, but the government is not legally bound to follow its advice.

• Its real strength comes from its constitutional status and from public trust in its fairness.

• This is why the UPSC is trusted more than many SPSCs. Governors appoint SPSC members with no qualifications beyond the half rule, and this has allowed political appointments.

• Gaps in Art. 319: the bar covers only government jobs, so posts such as governorships or private jobs remain open in practice. Some argue the "no reward" rule should be applied more widely.

Related concepts

• State Public Service Commission
• Joint State Public Service Commission
• Bar on further employment of PSC members

Read more

• Union and State Public Service Commissions: structure and independence