UPSC's role goes well beyond conducting examinations. Examine its constitutional mandate under Arts 315–323 and assess whether its advisory functions have been kept strong.

The Union Public Service Commission (UPSC) is a constitutional body under Part XIV, Chapter II (Arts 315–323) [5]. It was set up to replace patronage with merit. It runs about 250 recruitment processes a year, and it also advises on promotions, service rules and discipline [8]. Its examination role remains strong. Its advisory role is strong on paper but weaker in practice.

Constitutional mandate (Arts 315–323)

• Establishment: Art 315 provides a PSC for the Union and for each State [1].
• Independence: members have a fixed term (Art 316) and are barred from further government office after they leave (Art 319) [5].
• Functions (Art 320): UPSC conducts examinations. Government must consult it on methods of recruitment, on principles for appointment, promotion and transfer, and on disciplinary matters [2].
• Extension (Art 321): Parliament can give UPSC more functions [3].
• Accountability (Art 323): UPSC sends an annual report to the President. The report is laid before Parliament with a memorandum explaining why any advice was not accepted [4].

Assessment: how strong is the advisory function?

Strengths

• Duty to give reasons: Art 323 makes the executive justify every rejection of UPSC's advice before Parliament [4].
• Wider role reaffirmed: at the centenary 'Manthan', speakers stressed that UPSC's constitutional role goes beyond exams to promotions, rules and discipline [8].

Weaknesses

• Advice is not binding: in State of U.P. v. Manbodhan Lal Srivastava (1957), the Supreme Court held that Art 320(3)(c) is not mandatory. A failure to consult UPSC does not make the action invalid [9].
• Exclusions: UPSC need not be consulted on reservations under Art 16(4) or Art 335. The President can also exclude other matters by regulation [2].
• Advice rejected in practice: UPSC's 72nd Annual Report has a separate section on advice not accepted in disciplinary matters [6].
• Delays in acting on advice: ministries are slow to act on UPSC's advice. Recruitment rules have stayed unnotified for years [7].

In short, the Constitution gives UPSC a wide advisory mandate, but courts, exclusions and delays by the executive have weakened it. Useful steps would be deadlines for acting on UPSC's advice, department-wise disclosure of rejected advice, and scrutiny of Art 323 memoranda by a parliamentary committee. These fit the 2nd ARC's agenda for reforming personnel administration [10]. Together they would help UPSC protect merit and Art 16 equality after recruitment as well as at the exam stage.