The public service commission regulates the employment and working of civil
servants, hiring, regulates and promotes the values of public services. The
formation, function and structure of public services is different worldwide. The
appointment, recruitment and promotion are directly conducted by different
departments of the government. The objective of the PSC is to develop the
structural and functional development of society.
The public service commission
rules, 1998 made by president in accordance with provision of the constitution
and published in gazette of 15 january,1999. The entire aspect explained in the
constitution of India.
Introduction
A service which is provided by the government example police is termed as public
service. India is deverse country with large number of population, to control
the administration and public policy, public servant play an Important role in
implementation of government policy.
In order to accomplish the task, the public service commission established on
1thOctobar 1926, which restored as federal public service commission by the
government of India act, 1935.
A country or state's constitution or other legal framework normally establishes
the Public Service Commission, which is free from political influence. Its main
goal is to guarantee that the civil service is free from nepotism, favouritism,
and other types of corruption, and that the hiring process is fair, open, and
based on merit.
Usually, policies and methods for the recruitment, selection, and appointment of
civil workers are developed by the Public Service Commission. It posts job
openings, assesses applicants' qualifications and fit for the position, and
performs interviews, tests, and other evaluations. Additionally, it promotes
civil servants' professional growth and training while developing and enforcing
rules and regulations pertaining to conduct and discipline.
The recruitment all these services is made services is done on the state level,
and central level. Article 312 of Indian constitution, parliaments is entitled
to create one or more all India service. Public service commission is divided
between the Union Public Service Commission (UPSC) and state public service
commission (SPSC).
UPSC is a central recruiting agency India which is
independent body. State public service commission (SPSC) is state body which has
same objective as of the UPSC is to appoint and remove its members, the function
and powers are provided under the part 14 of the Indian constitution under
article 315 to article 323. The current chairperson of the commission is Manoj
soni.
Objective Of Public Service Commission
A Public Service Commission (PSC)'s main goal is to make sure that a country's
or state's public servant hiring, selection, and appointment processes are fair,
transparent, and based on merit. The promotion of a qualified, effective, and
professional civil service that can offer the general public top-notch services
is the goal of this mission.
The following objectives may be included in a Public Service Commission's
mission:
- creating and putting into effect rules and procedures for choosing, hiring, and appointing civil officials.
- ensuring that there are no instances of corruption or favouritism during the hiring process.
- determining whether a candidate's credentials, abilities, and competences align with the criteria of the position.
- establishing and enforcing guidelines for the behaviour and discipline of government employees.
- encouraging and supporting civil officials' professional growth and training.
- ensuring that the variety of the population it serves is reflected in the civil service.
- advising the government on issues relating to civil service human resource management.
In general, a Public Service Commission's goal is to create and maintain a
competent civil service that can serve the public with professionalism and
effectiveness.
What Are The Constitutional Provision?
- Article 315: Constitution of Public Service Commissions (PSC) for the Union and for the States of India.
- Article 316: Appointment and term of office of members of UPSC as well as SPSC.
- Article 317: Removal and suspension of a member of both the UPSC or SPSC.
- Article 318: Power to make regulations for the conditions of service of members and staff of the Commission.
- Article 319: Prohibition of holding the office by members of Commission upon ceasing to be such members.
- Article 320: States the functions of Public Service Commissions.
- Article 321: Power to extend the functions of Public Service Commissions.
- Article 322: Expenses of Public Service Commissions.
- Article 323: Reports of Public Service Commissions.
Composition Of U.P.S.C And S.P.S.C
Public Service Commission For The Union And State
the concept of Public Service Commission for both State and the Union under
Article 315. according to Article 315(2) provides that if two States agree to
have one Public Service Commission, they shall have so after making the
resolution passed to that effect. Joint commission may constitute after the
resolution to the effect by the house. The agreement between the governor and
president, UPSC may act for the state. The power to make regulation as to
condition of service of members and staff of commission laid down in the article
318.
Appointment And Term
- Article 316 deals with the appointment and terms of office of members by the president. And in the case of state, the government will appoint the member.
- One-half of the members of public service commission shall be persons who, at the date of their respective appointments, held an office for at least 10 years either under the state or central government.
- Before the commencement of the constitution, a person has held office under the crown in India or the government of Indian state.
- A member of the public service commission holds office for a term of 6 years from the date he enters the office.
- In the union commission, the age of retirement is 65 years, and in the case of state commission or joint commission, the age of retirement is 62 years.
- A member may, however, resign from his office by writing to the President (Art. 316(2)(a)).
Removing
Article 317 deals with removing of the chairmen and members of the public
service commission by the president on the grounds of the misbehavior is after
the reference being made by the president after the supreme court on reference
being made to the president has no enquiry, reported should remove.
There are condition of removing the chairman:
- adjudged an insolvent.
- engages during his/her term of office in any paid employment outside the
duties of his/her office.
- opinion of the President, unfit to continue in office by reason of
infirmity of mind or body.
Power To Make Regulation As To Conditions Of Service Of Members And Staff Of The Commission -
Article 318 Of The Constitution Of Article 318 of the constitution of India,
provide power to make a regulation of services of members and staff of the
commission.
Prohibition As To The Holding Of Office By Member Of Commission On Ceasing To Such Members
There are the certain prohibition of the government by holding of the office
by the members of commission on ceasing to such members:
- The chairmen of UPSC is ineligible for the further employment under government or government of state.
- The chairmen of the state commission is eligible for the appointment as chairmen or any other UPSC or as a chairmen of any other state public commission any other state commission, but not for any other employment either under the government of India or government of state.
- the member other them chairmen are eligible for appointment as a chairman of UPSC or SPSC, but not for other employment either under the government or state government.
- a member other than the chairmen shall be eligible for the appointment as the chairmen or other member of UPSC or chairman of that or SPSC, but not for other employment either under of the government of India or state.
Functions Of Public Service Commission
It is given in the article 320 Functions of Public Service Commission. In a
given nation or state, the Public Service Commission (PSC) is tasked with
supervising and regulating the process of hiring, selecting, and appointing
civil workers. Its fundamental goal is to make sure that the hiring process is
open, fair, and merit-based, and that the civil service is made up of competent
and qualified people who can offer the general public efficient and effective
services. While the duties of a public service commission can differ from one
nation to the next, they typically consist of:
- Creating policies and procedures for the hiring, choosing, and appointing of government employees.
- Posting job vacancies and conducting interviews for civil service positions.
- Assessing individuals' credentials, knowledge, skills, and abilities to see if they fulfill the requirements for the position.
- Evaluating applicants for the position through interviews, tests, and other methods of evaluation.
- Establishing and enforcing guidelines for the behavior and discipline of government employees.
- Encouraging and supporting civil officials' professional growth and training.
- The Public Service Commission is a crucial organization that works to make sure the government is staffed with knowledgeable people who are capable of offering the public high-quality services.
The Ability To Expand The Public Service Commission's Function
- article 321 of the constitution which states that any act of the
parliament or as the case may be, legislature of a state may provide for the
excise of additional function by UPSC or SPSC as respect the service of union or state and
respect the service of any local authority or body corporate constituted by law
Expenses Of Pscs
It is included in the article 322 expenses of public service commission The
expenses of union or state public commission including salaries, allowances and
pension payable or respect of the members or staff of the commission, shall be
charged on the consolidated fund of India or case may be, consolidated fund of
the state.
Reports Of Pscs
The UPSC OR SPSC is required to present to the president or the government a
report of work done by commission. President shall cause a copy together with
memorandum explaining respect the cases, where the advice of commission was not
accepted and reason for such non- acceptance to be laid before each house of
parliament.
The duty state commission to present annually the governor of the state are
report of the state a report as work done by the commission and it shall be the
duty of a JC to present annually to the governor of each of the state the needs
of which are served by the JC, a report as the work done by the commission in
relation to state and case shall receipt of such report causes a copy therefore
together with memorandum explaining, where the advice of the commission was not
accepted, reason for such non- acceptance to be laid before the legislature of
the state.
Leading Cases
- In State of Mysore v. R.V. Bidap, the Supreme Court decided that a member who is chosen Chairman in the middle of their tenure begins a new six-year term subject to other constitutional restrictions.
- In H.S. Bedi v. Patiala, the Supreme Court ruled that Article 320(1) of the Constitution is advisory rather than mandatory and that any appointments made by the Government without consulting the Commission are invalid.
- R. Hariharan v. K. Balachandran Nair, AIR 2000 SC 2933: (2000) 7 SCC 399- in this case, provision required for electricity board to consult the state public commission on the matter of appointment of assistant engineers has held mandatory.
Conclusion
The result public service commission is constitutionally independent body which
appoints the members to control the administration India. The Public Service
Commission plays a crucial role in the selection and appointment of persons to
public services in India. As per the Constitution of India, both State and Union
Public Service Commissions have been established with similar functions.
The UPSC is headed by a chairman who is expected to exhibit impartiality and
integrity while discharging their duties. The purpose of this exam is to control
the peace and stability among the citizen. This body mainly conduct the exam to
get the best members in the commission. Commission expenses are charged on the
Consolidated Fund of India. Any appointment made to public services must be
advised to the Public Service Commission by the Ministry of the Public Service
and National Insurance.
Reference
- https://aishwaryasandeep.com/2021/07/01/public-servicecommission/
- https://www.vedantu.com/political-science/public-servicecommissions-in-india
- https://nicea.nic.in/sites/default/files/PSCEAF_summ-nicea_1.pdf
- http://www.oas.org/juridico/pdfs/mesicic4_guy_an09.pdf
- https://edurev.in/studytube/Laxmikanth-Summary-of-UnionPublic-Service-Commiss/d1f53bb5-1e4f-4a0b-9f836ab969d8f42c_t
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