Articles 315–323 at a Glance

Part XIV of the Constitution ("Services Under the Union and the States") governs all three commissions. Learn this table first — every later section hangs off it.

PART 1 — Union Public Service Commission (UPSC)

1.1 Composition & Appointment

• Consists of a Chairman and other members. The Constitution does not fix the number — the President determines it. In practice the Commission functions with a Chairman and around ten members.
• Article 316 rule: "as nearly as may be" one-half of the members must be persons who have held office for at least ten years under the Government of India or a State Government.
• The Constitution prescribes no educational or professional qualification beyond this.
• All appointments — Chairman and members — are made by the President of India.
• An Acting Chairman may be appointed from among the members if the office falls vacant or the Chairman cannot perform duties.
• There is no selection committee, collegium or parliamentary confirmation — appointment rests on executive discretion.

1.2 Tenure & Conditions of Service

• Term: 6 years or until the age of 65, whichever is earlier.
• Resignation: addressed to the President.
• No reappointment to the same post — a deliberate independence safeguard.
• Article 318: conditions of service cannot be varied to a member's disadvantage after appointment.
• Article 322: salaries, allowances and pensions are charged on the Consolidated Fund of India — not subject to Parliament's vote.

1.3 Post-Retirement Bar (Article 319)

• Chairman of UPSC: ineligible for any further employment under the Government of India or any State Government.
• Member of UPSC: may become Chairman of UPSC or Chairman of a State PSC — but no other government employment.

1.4 Removal (Article 317)

A UPSC Chairman or member can be removed only by the President, through one of two distinct routes.

Compared with other constitutional posts

1.5 Functions (Article 320)

A. Recruitment

• Conducts examinations for appointments to the services of the Union — CSE, IFoS, NDA, CDS, Naval Academy, Engineering Services, CAPF (AC), CMS, IES/ISS, SCRA and others.
• Also recruits directly by selection through interview for certain posts.

B. Advisory (Article 320(3)) — consultation is mandatory

• All matters relating to methods of recruitment to civil services and posts.
• Principles to be followed in appointments, promotions and transfers between services, and the suitability of candidates.
• All disciplinary matters affecting a person serving under the Government of India, including memorials and petitions.
• Claims for reimbursement of legal costs incurred defending proceedings for acts done in official duty, and claims for pension for injuries.
• Any other matter referred by the President.

C. Other functions

• Advises on framing and amending Recruitment Rules for Group A and Group B posts.
• Article 315(4): UPSC may serve a State's needs — at the Governor's request and with the President's approval.
• Article 321: Parliament may confer additional functions by law, including for local authorities and other bodies corporate.

1.6 Independence — Safeguards vs Real Limits

1.7 Limitations & Contemporary Issues

• Advisory only: no power to compel the government to accept its recommendations.
• Exemption Regulations shrink the mandatory-consultation space.
• Recruitment cycle length: roughly a year or more from notification to appointment, contributing to cadre shortages.
• Transparency: disclosure of marks and evaluation criteria has come largely through litigation; interview subjectivity remains contested.
• Access gap: concerns about coaching-hub and language-medium advantages affecting equality of opportunity.
• No role in local-body recruitment: panchayat and municipal staff recruitment is handled by State governments and the local bodies themselves — not by PSCs, and not by State Election Commissions (which only conduct local elections).

PART 2 — State Public Service Commission (SPSC)

Article 315(1) provides for a Public Service Commission for each State. The design closely mirrors the UPSC — but with four differences that decide most Prelims questions.

2.1 Composition & Appointment

• Consists of a Chairman and other members; the number is determined by the Governor, not fixed by the Constitution.
• The same Article 316 rule applies — about one-half of the members must have held government office for 10+ years.
• The Chairman and members are appointed by the Governor of the State.
• The Governor may appoint an Acting Chairman from among the members.

2.2 Tenure & Conditions

• Term: 6 years or until the age of 62, whichever is earlier — note the age differs from the UPSC's 65.
• Resignation: addressed to the Governor.
• Conditions of service cannot be varied to disadvantage after appointment (Article 318).
• Article 322: expenses are charged on the Consolidated Fund of the State.

2.3 Removal — the Classic Distractor

2.4 Post-Retirement Bar (Article 319)

• Chairman of a State PSC: may become Chairman or member of UPSC, or Chairman of another State PSC — but no other government employment.
• Member of a State PSC: may become Chairman or member of UPSC, or Chairman of any State PSC — but no other government employment.
• Note the contrast: unlike the UPSC Chairman, a State PSC Chairman is not under a total bar — there is still an upward path.

2.5 Functions

• Conducts examinations for appointment to the services of the State — the State Civil Services and State Group A/B posts.
• Advises the State Government on recruitment methods, promotions, transfers and disciplinary matters, on the same pattern as Article 320(3).
• Article 321: the State Legislature may confer additional functions relating to services of a local authority or other body corporate.
• Article 323: submits its annual report to the Governor, who lays it before the State Legislature with a memorandum explaining any rejected advice.
• Article 315(4): a State may instead ask the UPSC to serve its needs — at the Governor's request, with the President's approval.

2.6 Issues Specific to State PSCs

• Question-paper leaks and exam malpractice have repeatedly forced re-examinations in several States, damaging credibility.
• Prolonged delays between notification, examination and final appointment.
• Allegations of political appointments to Chairman and member posts, given that selection is at the State executive's discretion.
• Litigation and stay orders frequently interrupt recruitment cycles.
• Vacancies in the Commission itself reduce functioning capacity.

PART 3 — Joint Public Service Commission (JPSC)

Article 315(2) allows two or more States to share a single commission instead of maintaining one each — useful for smaller States with limited recruitment volumes.

3.1 How It Is Created

• The Legislature of each participating State passes a resolution to that effect.
• Parliament may then by law provide for the appointment of a Joint State Public Service Commission.
• Because it owes its existence to an Act of Parliament, a JPSC is a statutory body — not a constitutional one, unlike the UPSC and State PSCs.

3.2 Composition, Tenure & Reporting

• Appointed by the President — not by the Governors of the participating States.
• Tenure: 6 years or until the age of 62, whichever is earlier — the same as a State PSC.
• Removal: by the President, on the same Article 317 grounds and procedure.
• Annual report: submitted to the Governor of each State, and laid before each State Legislature.
• Expenses are borne by the participating States.

PART 4 — UPSC vs SPSC vs JPSC at a Glance

Reform Suggestions

• Transparent appointments: a multi-stakeholder selection panel instead of sole executive discretion.
• Codify eligibility criteria for Chairman and members.
• Narrow the Exemption Regulations to restore the Commission's advisory reach.
• Time-bound cycle from notification to appointment.
• Structured interview rubrics and diverse panels to reduce perceived subjectivity.
• Route lateral entry through UPSC if it continues, preserving constitutional safeguards.
• Parliamentary debate — not merely tabling — of the memorandum explaining rejected advice.

The Commission's formal independence is impressive; its substantive independence depends on how it is staffed and how far its advice is heeded. Independence begins at appointment. — Legacy IAS Faculty

Practice Questions (GS-II, 250 words)

• Examine the role of the UPSC in ensuring merit-based recruitment. What challenges does it face today?
• "Constitutional safeguards for UPSC's independence are adequate; its effectiveness depends on political will." Critically examine.
• How does the annual report mechanism secure UPSC's accountability to Parliament? Is it sufficient?
• Discuss whether lateral entry into the higher civil services undermines the constitutional scheme of recruitment.
• Why does the Constitution vest the power to remove a State PSC member in the President rather than the Governor? Evaluate this safeguard.

Frequently Asked Questions

Who removes a State Public Service Commission chairman?

Only the President of India — never the Governor, even though the Governor makes the appointment. For removal on the ground of proved misbehaviour, the President must refer the matter to the Supreme Court, whose advice is binding. This safeguard prevents State governments from removing PSC members for political reasons.

What is the difference between the tenure of UPSC and State PSC members?

A UPSC chairman or member holds office for six years or until the age of 65, whichever is earlier. For a State PSC (and a Joint PSC), the term is six years or until the age of 62, whichever is earlier.

Is a Joint Public Service Commission a constitutional body?

No. Although Article 315(2) provides for it, a Joint PSC is actually created by an Act of Parliament after the Legislature of each participating State passes a resolution requesting it. It is therefore a statutory body, unlike the UPSC and State PSCs which are constitutional bodies. No Joint PSC has been in operation in India.

Is UPSC's advice binding on the government?

No. Consultation with UPSC is mandatory on the matters listed in Article 320(3), but the advice itself is not binding. An individual ministry cannot reject it alone — only the government as a whole may, and the reasons must be placed before Parliament through the annual report under Article 323.

Can a UPSC chairman take up another government job after retirement?

No. Under Article 319, a person who has held office as Chairman of the UPSC is ineligible for any further employment under the Government of India or any State Government. A UPSC member (other than the Chairman) may be appointed Chairman of the UPSC or of a State PSC, but to no other government post.