Union and State Public Service Commissions: structure and independence

Detail

Why India has Public Service Commissions

• Purpose: Class 11, Ch 4 "Executive" gives the reason. India wanted a neutral, professional bureaucracy. A bureaucracy is the body of permanent government officials. These officials should be chosen fairly, on merit, and should not belong to any political party.
• The IAS and IPS are the backbone of administration in the states. They are recruited through the UPSC.
• A Public Service Commission (PSC) is an independent body that selects people for government jobs through exams and interviews. This keeps politicians from handing out jobs as favours.

History: from the Lee Commission to the UPSC

Year	Event
1919	Section 96(C) of the Government of India Act, 1919 already allowed for a Public Service Commission. No commission was set up at the time [2]
27 March 1924	The Lee Commission (Royal Commission on the Superior Civil Services in India) gave its report. It strongly recommended a statutory PSC, meaning one created by law [2]
1 October 1926	The first Public Service Commission was set up. It had a Chairman and 4 members, all appointed by the Secretary of State in Council. The first Chairman was Sir Ross Barker, a member of the UK Home Civil Service [2]
1935	The Government of India Act, 1935 provided for a Federal PSC and for Provincial PSCs, one for each province or group of provinces [2]
1937	The Federal Public Service Commission was set up. Its first Chairman was Sir Eyre Gordon (1937–42) [3]
26 January 1950	When the Constitution came into force, the Federal PSC became the Union Public Service Commission (UPSC) [3]
1 October 2025	The UPSC began its centenary year celebrations, marking 100 years since 1926 [8]

Article 315: the three kinds of commission

• Article 315 provides for three bodies [7]: 1. Union Public Service Commission (UPSC): recruits for the Union's services, such as the all-India and central services. 2. State Public Service Commission (SPSC): one for each state. It recruits for that state's services. 3. Joint State Public Service Commission (JSPSC): one commission shared by two or more states.

• How a JSPSC is created (step by step): 1. The legislatures of two or more states each pass a resolution asking for a shared commission. A simple majority is enough. 2. Parliament passes an ordinary law to create it. A JSPSC is therefore a statutory body, not a constitutional body. 3. The President appoints its Chairman and members. 4. It reports to the Governor of each state it serves.

• UPSC serving a state (Art. 315(4)):

• The Governor of a state asks the UPSC for help.
• The President approves.
• The UPSC can then meet all or any of that state's needs [7].

Appointment and composition (Article 316)

Feature	UPSC	SPSC	JSPSC
Appointed by	President	Governor	President
Number of members	Not fixed by the Constitution	Not fixed	Not fixed
Who decides the number	President, by regulations (Art. 318)	Governor, by regulations (Art. 318)	President
Upper age limit	65	62	62
Term	6 years or the age limit, whichever comes first	Same	Same
Reports to	President	Governor	Each Governor concerned

• Number of members: the Constitution does not fix it. The President or Governor decides it through regulations under Art. 318 [5]. In practice the UPSC has a Chairman and up to 10 members (check the current figure).
• The half rule: as nearly 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]. This brings in administrative experience. The other half can come from academia, law and other fields.
• Age limit for state bodies: raised from 60 to 62 by the 41st Amendment, 1976.
• No reappointment to the same office once the term ends.
• Current head: Dr. Ajay Kumar took charge as Chairman of the UPSC in 2025 [9].

Removal and suspension (Article 317)

• Removal for misbehaviour (Art. 317(1)): the main route 1. President's reference: the President sends a charge of misbehaviour to the Supreme Court. 2. Inquiry by the Court: the Supreme Court holds an inquiry under the procedure in Article 145, the article that lets the Court make its own rules [4]. 3. Suspension meanwhile (Art. 317(2)): while the inquiry goes on, the President can suspend a member of the UPSC or a JSPSC. The Governor can suspend a member of an SPSC [4]. 4. Report: the Court reports that the member ought to be removed. 5. Removal order: only then does the President remove the member.
• The President must follow the Court's advice. If the Court finds no misbehaviour, the member cannot be removed on that ground.

• (NCERT: "enquiry made by a judge of the Supreme Court". Under Art. 317(1), the inquiry is held by the Supreme Court itself [4].)

• 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. This applies to anyone other than an ordinary member of an incorporated company [4].

• Direct removal without the Supreme Court (Art. 317(3)): the President can remove a member who [4]:
• (a) is declared insolvent (unable to pay debts); or
• (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.

• SPSC trap: the Governor appoints SPSC members, but only the President can remove them. The Governor can only suspend.

• Constituent Assembly: draft Article 317 was introduced and adopted on 22 August 1949. Two amendments were moved and rejected [4].

Other safeguards of independence

• Art. 318: service conditions. The President (UPSC or JSPSC) or the Governor (SPSC) sets the conditions of service by regulations. These conditions cannot be changed to a member's disadvantage after appointment [5]. This means the government cannot cut pay or benefits to punish a member.
• Art. 322: charged expenditure. All expenses of the commission, including salaries and pensions, are charged on the Consolidated Fund of India or of the state. Charged expenditure is spending that the legislature can discuss but does not vote on. Funding therefore cannot be used to pressure the commission.
• Art. 319: bar on further employment. This rule stops members from pleasing the government in the hope of a reward job after retirement [6].

Office held	Where the person can go next
Chairman, UPSC	No further job under the Government of India or any state government
Member, UPSC	Only Chairman of the UPSC or Chairman of an SPSC
Chairman, SPSC	Only Chairman or member of the UPSC, or Chairman of another SPSC
Member, SPSC	Only Chairman or member of the UPSC, or Chairman of that or any other SPSC

• Functions link (Art. 320): the UPSC and SPSCs hold exams for appointments to Union and state services. If two or more states ask, the UPSC must help them plan joint recruitment for posts that need special qualifications [7]. The details belong to the section on functions.

Prelims Hooks

• Article–subject pairs: Art. 315 (setting up PSCs), 316 (appointment and term), 317 (removal and suspension), 318 (service conditions), 319 (bar on further jobs), 320 (functions), 322 (expenses charged).
• A JSPSC is a statutory body. Parliament creates it by law after two or more state legislatures pass resolutions. It is not created directly by the Constitution.
• SPSC: appointed by the Governor, removed only by the President, and can be suspended by the Governor (Art. 317(2)).
• Supreme Court inquiry under Art. 145 is needed only for removal on grounds of misbehaviour. Removal for insolvency, outside paid work or infirmity needs no Court inquiry (Art. 317(3)).
• Interest in a government contract is deemed misbehaviour (Art. 317(4)).
• Age limits: UPSC 65. SPSC and JSPSC 62, raised from 60 by the 41st Amendment, 1976. The term is 6 years in all three.
• The UPSC Chairman cannot take any further government job. A UPSC member can become UPSC Chairman or an SPSC Chairman, but not an SPSC member.
• 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.
• Trap: the Constitution does not fix the number of members. The President or Governor fixes it by regulation (Art. 318).

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) all work together. This makes merit-based recruitment safe from political pressure. The design is similar to the safeguards for judges and the CAG.
• A weak spot in the states: the Governor appoints SPSC members, and the Constitution sets no qualifications beyond the half rule. This has allowed political appointments, so many SPSCs have weaker credibility than the UPSC. One reform proposal is a transparent selection committee and published eligibility criteria for SPSC members.
• Gaps in Art. 319: an SPSC member can still move up to the UPSC, and the bar covers only government jobs. Posts such as governorships or private appointments remain open in practice. Some argue the "no reward" rule should be applied more widely.
• Advice, not control: PSCs recommend candidates, but governments are not legally bound to follow their advice. Their strength comes from their constitutional status and from public trust in their fairness.