The Union and State Public Service Commissions
An independent civil service is essential for the honest and efficient administration of a democratic country. The Constitution therefore provides for Public Service Commissions as independent constitutional bodies: the Union Public Service Commission (UPSC) for the Union and a State Public Service Commission (SPSC) for each state. The UPSC recruits officers for the all-India and central services, while a state commission such as the Assam Public Service Commission (APSC) recruits for the state services. This topic explains their constitutional basis, composition, powers and the difference between the two levels.
Constitutional Basis
Public Service Commissions are dealt with in Part XIV of the Constitution, in Articles 315 to 323. Article 315 provides that there shall be a Public Service Commission for the Union and a Public Service Commission for each state. It also allows two or more states to agree to have a single Joint State Public Service Commission (JSPSC), which is created by an Act of Parliament on the request of the state legislatures concerned. Article 316 deals with the appointment and term of office of members, Article 317 with removal, Article 320 with functions, Article 322 with expenses, and Article 323 with the submission of annual reports. The rules regarding the service conditions are framed by the Union Public Service Commission (Members) Regulations, 1969 and corresponding state regulations.
Composition and Appointment
The UPSC consists of a Chairman and other members, the number of whom is determined by the President. The Chairman and members of the UPSC are appointed by the President of India. At least half of the members must be persons who have held office under the Government of India or under a state government for at least ten years. The Chairman and members of the UPSC hold office for a term of six years or until attaining the age of 65 years, whichever is earlier. For a State Public Service Commission, the corresponding age limit is 62 years. The Chairman and members of a state commission are appointed by the Governor of the state. Thus the tenure of the APSC Chairman is six years or until the age of 62 years, whichever is earlier.
Removal of Members
The Chairman or a member of a Public Service Commission can be removed by the President (or the Governor in the case of a state commission) only on the ground of misbehaviour, and that too after a reference has been made to the Supreme Court and the Court has, on inquiry, found the member guilty. The President may also remove a member on grounds such as insolvency, taking up paid employment outside the duties of the office, or infirmity of mind or body. This procedure is designed to protect the independence of the commissions. After ceasing to hold office, members are not eligible for further employment under the Government of India or a state, subject only to the limited exceptions relating to appointment within the commission system as laid down in Article 319.
Functions of the Public Service Commissions
- To conduct examinations for appointment to the public services of the Union and the states.
- To assist in framing and operating schemes of recruitment, including selection by interview and by promotion.
- To advise the government on all matters relating to methods of recruitment and the principles to be followed in making appointments, promotions and transfers.
- To advise on disciplinary matters affecting a civil servant, such as dismissal, removal or reduction in rank.
- To advise on any other matter referred to it by the President or the Governor.
It is important to note that the advice of the Public Service Commission is not binding on the government; it is only advisory in nature. However, the government must explain to Parliament or the state legislature, in a memorandum, the reasons for not accepting the advice, and the annual report of the commission is laid before the legislature. The UK Civil Service is the model for these commissions in India.
The Union Public Service Commission
The UPSC conducts the Civil Services Examination (CSE) for recruitment to the IAS, IPS, IFS and other central services, as well as the Engineering Services Examination, the Combined Defence Services Examination, the National Defence Academy Examination and many other examinations. The eligibility age for the Civil Services Examination is generally 21 to 32 years, with age relaxations for reserved categories. The service conditions of UPSC members are determined by the President, and the UPSC's expenses are charged on the Consolidated Fund of India so that its independence is not affected by the annual budget process.
The Assam Public Service Commission
The Assam Public Service Commission (APSC) is the State Public Service Commission for Assam. It was established on 1 April 1937 and has its headquarters at Guwahati. The Chairman and members are appointed by the Governor of Assam, and they hold office for six years or until the age of 62 years, whichever is earlier. The APSC conducts the Combined Competitive Examination (CCE) for recruitment to the Assam Civil Service (ACS), the Assam Police Service (APS) and allied services. It also advises the Government of Assam on recruitment, promotion, transfer and disciplinary matters, and acts as the chief adviser to the state government on service matters. The upper age limit for the APSC Combined Competitive Examination is generally 21 to 38 years for unreserved candidates, with relaxations for reserved categories.
Difference between the UPSC and a State Public Service Commission
- Level: the UPSC is a Union body; a State Public Service Commission is a state body.
- Appointment: UPSC members are appointed by the President; state commission members by the Governor.
- Selection: the UPSC recruits for all-India and central services; a state commission recruits for state services.
- Age limit: the age limit for members is 65 years for the UPSC and 62 years for a state commission.
Significance for Competitive Examinations
Public Service Commissions are a standard topic in APSC, ADRE, Assam Police, Gauhati High Court, SSC and Railway examinations. Questions are asked on the article that establishes the commissions, the appointing authorities, the term of office and the age limits, the removal procedure and the role of the Supreme Court, the functions and the advisory nature of the commissions' advice, the proportion of members with government experience, and the difference between the UPSC and a state commission. Assam-specific questions on the establishment of the APSC and its examination are also common.
How to Prepare This Topic
- Memorise Articles 315 to 323 and the subject of the most important ones, especially 315, 316, 317 and 320.
- Learn the appointing authorities: President for the UPSC and Governor for the APSC.
- Remember the age limits: 65 years for UPSC members and 62 years for state commission members.
- Note the requirement that at least half of the members must have held government office for at least ten years.
- Remember the establishment year of the APSC, that is 1 April 1937.
- Practise the questions on this page and revise the FAQ answers.
Common Exam Traps
- The UPSC is established under Article 315, and state commissions are also provided for by the same article.
- The age limit for UPSC members is 65 years, while for state commission members it is 62 years.
- Removal of a member requires an inquiry by the Supreme Court, not a High Court.
- The advice of the Public Service Commission is advisory and not binding on the government.
- The APSC recruits for state services such as the ACS and APS; the UPSC recruits for the IAS, IPS and IFS.
Frequently Asked Questions
Under which article are the Public Service Commissions established?
Public Service Commissions are established under Article 315 of the Constitution, which provides for a Union Public Service Commission and a State Public Service Commission for each state. It also allows two or more states to have a Joint State Public Service Commission created by an Act of Parliament.
What is the tenure and age limit of UPSC and state commission members?
The Chairman and members of the UPSC hold office for six years or until the age of 65 years, whichever is earlier. For a State Public Service Commission such as the APSC, the term is six years or until the age of 62 years, whichever is earlier. Members are appointed by the President for the UPSC and by the Governor for a state commission.
How can the Chairman or a member of a Public Service Commission be removed?
The Chairman or a member of a Public Service Commission can be removed only on the ground of misbehaviour, and only after the matter has been referred to the Supreme Court and the Court has, on inquiry, found the member guilty. The President removes members of the UPSC and the Governor removes members of a state commission. Removal is also possible on grounds such as insolvency or infirmity.
What is the difference between the UPSC and the APSC?
The UPSC is the Union Public Service Commission, a central constitutional body under Article 315, whose members are appointed by the President and who hold office up to the age of 65. It recruits for central and all-India services such as the IAS, IPS and IFS. The APSC is the Assam Public Service Commission, whose members are appointed by the Governor of Assam and who hold office up to the age of 62. It recruits for Assam state services such as the ACS and APS.
When was the Assam Public Service Commission established?
The Assam Public Service Commission was established on 1 April 1937 and has its headquarters at Guwahati. It conducts the Combined Competitive Examination for recruitment to the Assam Civil Service, the Assam Police Service and allied services, and advises the Government of Assam on recruitment, promotion and disciplinary matters.