# UPSC & State Public Service Commissions — Articles 315–323 (UPSC Polity) Source: https://tracknation.in/story/upsc-state-public-service-commissions-articles-315-323-upsc-polity (TrackNation — free UPSC notes with PYQs) > UPSC notes on the Union and State Public Service Commissions: shared composition/appointment rules under Articles 315-323, the always-President removal process even for Governor-appointed SPSC members, the misbehaviour-removal route via a binding Supreme Court inquiry, the post-retirement re-employment ladder from UPSC Chairman (strictest) to SPSC Member (widest), functions and the matters excluded from consultation, and the statutory (not constitutional) Joint State Public Service Commission — ## Composition & Appointment — UPSC and SPSC 🎯 **Exam priority: Important.** *UPSC and SPSC run on the exact same Articles (315–323), so examiners test precisely where they diverge — the age limit (65 vs 62), who appoints (President vs Governor) versus who removes (always the President), and the post-retirement re-employment ladder, which gets more generous the further down the seniority chain you go. Learn that ladder cold — it's the single most repeated trap in this chapter.* Both the **Union Public Service Commission (UPSC)** and every state's **State Public Service Commission (SPSC)** are **independent constitutional bodies** — created directly by the Constitution itself, not by any later law. **Articles 315 to 323 in Part XIV** govern both identically, unless the text specifically distinguishes them. ## Composition & Appointment - UPSC's chairman and members are appointed by the **President**; an SPSC's, by the state's **Governor**. Neither body has a constitutionally fixed strength — that's left to the President's (or Governor's) discretion — and the Constitution prescribes **no formal qualifications** at all, beyond requiring that **at least half** the members have held office for **10+ years** under the Government of India or a state government. - **Term:** 6 years, or an age limit, whichever comes first — **65 for UPSC**, but only **62 for an SPSC** (originally 60, raised by the **41st Amendment, 1976**). Either may resign early by writing to their respective appointing authority. If the chairman's post falls vacant, or the chairman can't function, the **President (or Governor)** may name a sitting member as **acting chairman** until a permanent one takes over. ## Removal — Always the President, Never the Governor Here's the sharpest asymmetry in the whole chapter: even though a Governor appoints an SPSC's chairman and members, only the **President** can ever remove them. ## Removal — Always the President, Never the Governor - For *both* UPSC and every SPSC, only the **President** can remove a chairman or member — on three direct grounds: being adjudged **insolvent**; taking up **paid employment outside** their official duties during their term; or being, in the President's own opinion, **unfit** to continue by reason of physical or mental infirmity. - A fourth ground — **misbehaviour** — needs a heavier process: the President must refer the matter to the **Supreme Court** for an inquiry, and the Court's advice on removal is **binding** on the President (the President may suspend the member while that inquiry runs — the **Governor** can do this pending suspension for an SPSC member, though the final removal order still has to come from the President). The Constitution itself defines "misbehaviour" narrowly: being interested/concerned in a government contract, or sharing in its profits other than as an ordinary shareholder alongside other shareholders of an incorporated company. ## Independence Safeguards & the Post-Retirement Ladder Security of tenure, funding independence, and one especially tricky rule: what a member is allowed to do *after* leaving office varies by exactly which seat they held. ## Independence Safeguards & the Post-Retirement Ladder - Both bodies share the same core protections: **security of tenure** (removable only as above); service conditions that **can't worsen after appointment; and all expenses — salaries, allowances, pensions, even staff costs — charged on the Consolidated Fund** (of India for UPSC, of the state for an SPSC), so neither needs an annual legislative vote. Neither a UPSC nor an SPSC chairman/member gets a **second term** in that same office once their first term ends. - **What they *can* do next, though, forms a genuine ladder — narrowest at the top, widest at the bottom:** | **Outgoing office** | **Eligible for** | **NOT eligible for** | | UPSC Chairman | Nothing further | Any other Government of India or state government employment | | UPSC Member | Chairman of UPSC, or Chairman of any SPSC | Any other Government of India or state government employment | | SPSC Chairman | Chairman/Member of UPSC, or Chairman of any other SPSC | Any other Government of India or state government employment | | SPSC Member | Chairman/Member of UPSC, or Chairman of that SPSC or any other SPSC | Any other Government of India or state government employment | - **The pattern: a UPSC chairman** has the most restrictive future (nothing at all); everyone else can still move *sideways or up* within the Commission system, just never into an unrelated government post — precisely designed so a retiring member never has an incentive to curry favour with the executive. ## Functions, Limitations & Real-World Role Both Commissions exist to recruit, and to be independently consulted — but their advice doesn't bind anyone, and several categories of appointment bypass them entirely. ## Functions, Limitations & Real-World Role - **UPSC** conducts exams for the **All-India Services** (IAS/IPS/IFoS) and **Central** services, can help two-or-more states run a joint recruitment scheme on request, and can serve one state's needs directly on that Governor's request (with Presidential approval). An **SPSC** does the equivalent for that state's own services alone. Both are consulted (advisory only — not binding) on recruitment methods, appointment/promotion/transfer principles, disciplinary matters, legal-expense reimbursement claims, and injury-pension claims for civil servants — plus **SPSCs are also consulted** on judicial-service appointments below district-judge rank, alongside the concerned High Court. - The Supreme Court has held that skipping UPSC/SPSC consultation is **irregular but not fatal** — it doesn't invalidate the government's decision (the provision is **directory, not mandatory**), and a UPSC/SPSC recommendation itself confers **no vested right** to the post — government must simply act fairly, without arbitrariness or bad faith. Parliament can widen UPSC's jurisdiction (e.g. over a statutory corporation's staff); a state legislature can do the same for its SPSC. - **Neither Commission is consulted** on: reservations for backward classes; SC/ST appointment claims; short-term/officiating posts (under a year, where a reference would cause undue delay); most Group C/D Central posts; heads of boards/commissions/tribunals; or diplomatic postings abroad. The **President** (for UPSC) or **Governor** (for an SPSC) may exempt further matters by regulation — the **UPSC/SPSC (Exemption from Consultation) Regulations, 1958** onward — but any such regulation must be laid before Parliament/the state legislature for at least **14 days**, which can amend or repeal it. - Both Commissions are, by design, the "**watch-dog of the merit system**" — recruitment and advisory only, never classification of services, pay, cadre management or training (that's the **Department of Personnel and Training**'s job centrally, or a state's Personnel/General Administration Department). Since the **Central Vigilance Commission (1964)** and equivalent State Vigilance Commissions also get consulted on disciplinary matters, conflicting advice can arise — but a Commission's constitutional status gives it the edge, since a Vigilance Commission is a comparatively junior, executive-created body. - A **Joint State Public Service Commission (JSPSC)** can serve two or more states together — but unlike the UPSC/SPSC themselves, it is created by an **Act of Parliament** (on the requesting states' request), making it a **statutory**, not constitutional, body; its members are still President-appointed, 6-year/62-year term, removable by the President. ## Further Reading - Standard NCERT-level texts and reference books on the Indian Constitution and Polity (any UPSC reading list). - The Constitution of India (Bare Act) — Articles 315–323 (Part XIV). ## Why UPSC Asks This - The age-limit contrast (65 UPSC / 62 SPSC) and the post-retirement re-employment ladder are the two most repeated precise-fact traps in this chapter. - "Governor appoints, but only the President removes" is a favourite "spot the exception" question — it breaks the usual appointer-removes-too pattern. - The JSPSC's statutory (not constitutional) status is a classic contrast against the otherwise-constitutional UPSC/SPSC. ## Test Yourself: Practice Questions & PYQs UPSC and SPSC practice — composition and appointment, the always-President removal process, the post-retirement re-employment ladder, and functions/limitations. Then Prelims-pattern PYQs. ## Practice Questions **Q1.** The chairman and members of the UPSC are appointed by: - (a) The Prime Minister - (b) The President - (c) Parliament, by resolution - (d) The Chief Justice of India **Answer: (b)** — Article 316 — the President appoints UPSC's chairman and members; a state Governor appoints an SPSC's. **Q2.** The age limit for a member of the UPSC is 65 years, while for a member of an SPSC it is: - (a) 62 years - (b) 65 years, same as UPSC - (c) 60 years - (d) 63 years **Answer: (a)** — SPSC's age limit is 62 (raised from 60 by the 41st Amendment, 1976); UPSC's remains 65. **Q3.** Although a Governor appoints the chairman and members of a State Public Service Commission, they can be removed only by: - (a) The Governor - (b) The President - (c) The Chief Justice of the High Court - (d) The state legislature, by resolution **Answer: (b)** — Removal power for BOTH UPSC and SPSC members rests solely with the President — a deliberate asymmetry from the appointing authority. **Q4.** Which of the following is a ground on which the President can directly remove a UPSC member, without a Supreme Court inquiry? - (a) Misbehaviour - (b) Any ground the President personally considers sufficient - (c) Old age alone - (d) Being adjudged an insolvent **Answer: (d)** — Insolvency, outside paid employment, and infirmity are direct grounds; ONLY misbehaviour requires a mandatory, binding Supreme Court inquiry first. **Q5.** On a charge of misbehaviour against a UPSC member, the Supreme Court's advice to the President on removal is: - (a) Merely advisory, and can be disregarded - (b) Binding only if unanimous among all judges - (c) Binding on the President - (d) Subject to a Presidential veto **Answer: (c)** — Unlike ordinary advice, the Supreme Court's finding in a misbehaviour inquiry is constitutionally binding on the President's removal decision. **Q6.** On ceasing to hold office, a UPSC Chairman is eligible for: - (a) No further employment under the Government of India or any state - (b) Any further Government of India employment - (c) Appointment as Chairman of an SPSC only - (d) Reappointment as UPSC Chairman for a second term **Answer: (a)** — A UPSC Chairman faces the strictest post-retirement bar of any office in this chapter — no further government employment of any kind. **Q7.** Which of the following, on ceasing to hold office, has the WIDEST range of further Commission appointments available to them? - (a) SPSC Chairman - (b) UPSC Chairman - (c) SPSC Member - (d) UPSC Member **Answer: (c)** — An SPSC Member may go on to become UPSC Chairman/Member, or Chairman of that very SPSC, or of any other SPSC — the widest ladder of the four. **Q8.** The Supreme Court has held that a failure to consult the UPSC before a government decision: - (a) Automatically invalidates the decision - (b) Is a criminal offence - (c) Can only be cured by a fresh Presidential order - (d) Does not invalidate the decision, since the consultation requirement is directory, not mandatory **Answer: (d)** — Consultation with the UPSC is directory, not mandatory — a lapse is irregular but doesn't itself void the government's decision. **Q9.** Which of the following matters is NOT within the UPSC's consultative jurisdiction? - (a) Disciplinary matters affecting a civil servant - (b) Reimbursement of legal expenses of a civil servant in an official-duty case - (c) Reservation of appointments for backward classes - (d) Principles for promotion and transfer of civil servants **Answer: (c)** — Reservation-related decisions for backward classes are explicitly excluded from UPSC's consultative jurisdiction. **Q10.** A Joint State Public Service Commission (JSPSC) is created by: - (a) An Act of Parliament, on the request of the concerned state legislatures - (b) A direct provision of the Constitution, exactly like the UPSC - (c) An executive order of the President with no legislative involvement - (d) An agreement between the concerned Governors alone **Answer: (a)** — Unlike UPSC/SPSC (constitutional bodies), a JSPSC is a STATUTORY body, created by a Parliamentary Act on the requesting states' initiative. **Q11.** Any regulation exempting matters from UPSC consultation must be laid before Parliament for a minimum of: - (a) 7 days - (b) 30 days - (c) 6 months - (d) 14 days **Answer: (d)** — The UPSC (Exemption from Consultation) Regulations, like all such regulations, must be laid before Parliament for at least 14 days, during which it can be amended or repealed. **Q12.** The body responsible for classification of services, pay, cadre management and training — matters OUTSIDE the UPSC's role — is the: - (a) Staff Selection Commission - (b) Department of Personnel and Training - (c) Ministry of Home Affairs - (d) Central Vigilance Commission **Answer: (b)** — UPSC is purely a recruiting/advisory body; the Department of Personnel and Training is India's central PERSONNEL agency, handling everything UPSC does not. ### UPSC Previous Year Questions (PYQs) *Pattern: UPSC vs SPSC composition/age-limit contrasts; the appoint-vs-remove asymmetry; misbehaviour-removal's mandatory Supreme Court inquiry; excluded-from-consultation matters; the post-retirement eligibility ladder; JSPSC's statutory status.* **Q13.** Consider the following statements: (1) The strength of the Union Public Service Commission is fixed by the Constitution at eleven members. (2) At least one-half of the Commission's members must have held office for ten years or more under the Union or a state government. Which of the statements given above is/are correct? - (a) 2 only - (b) Neither 1 nor 2 - (c) 1 only - (d) Both 1 and 2 **Answer: (a)** — Statement 1 is wrong — the Constitution fixes no number; the President decides UPSC's strength. Statement 2 correctly states the one qualification the Constitution does impose. **Q14.** With reference to the removal of a member of a Public Service Commission on the ground of misbehaviour, which of the following is correct? - (a) No removal on the ground of misbehaviour is constitutionally possible - (b) Parliament must pass a special-majority resolution, exactly as for a High Court judge - (c) The matter must be referred to the Supreme Court, whose advice is binding on the President - (d) The Governor alone decides, without any judicial reference **Answer: (c)** — A binding Supreme Court inquiry is the constitutionally mandated route for a misbehaviour-based removal, for both UPSC and SPSC members. **Q15.** Which of the following appointments does NOT fall within the UPSC's consultative jurisdiction? - (a) Appointment of Heads of Indian diplomatic missions abroad - (b) Disciplinary proceedings against a civil servant - (c) Reimbursement of legal expenses to a civil servant - (d) Promotion of a civil servant within the same service **Answer: (a)** — Appointments of Ambassadors/High Commissioners and similar diplomatic heads are expressly excluded from UPSC's jurisdiction. **Q16.** A member of a State Public Service Commission, upon completing their term, is eligible to be appointed as: - (a) A Minister in the state government - (b) Any Government of India post of their choosing - (c) A District Collector - (d) Chairman or Member of the UPSC, or Chairman of that SPSC or any other SPSC **Answer: (d)** — SPSC members retain a genuine ladder into the wider Commission system, but never into unrelated government employment. **Q17.** The 41st Constitutional Amendment Act, 1976 is significant for the SPSC because it: - (a) Transferred SPSC's removal power to the Governor - (b) Created the office of SPSC Chairman for the first time - (c) Abolished the Joint State Public Service Commission - (d) Raised the age limit for SPSC members from 60 to 62 years **Answer: (d)** — The 41st Amendment (1976) raised the SPSC age limit from 60 to 62 years, distinguishing it from UPSC's unchanged 65. **Q18.** Which statement correctly describes the constitutional status of a Joint State Public Service Commission? - (a) It is a constitutional body created directly by Article 315, exactly like the UPSC - (b) It is a purely advisory, non-statutory body with no legal status - (c) It is created by a Presidential Ordinance only - (d) It is a statutory body created by an Act of Parliament **Answer: (d)** — Unlike the constitutionally-created UPSC and SPSC, a JSPSC exists only because Parliament passed a law creating it — a statutory body. ### Mains Practice Questions Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover. - Compare the composition and term of office of the UPSC with that of a State Public Service Commission. - Why can only the President — never a Governor — remove a member of a State Public Service Commission, even though the Governor appointed them? - Trace the post-retirement re-employment restrictions on outgoing UPSC and SPSC chairmen and members. - Discuss the functions of the UPSC and the categories of appointment kept outside its jurisdiction. - Distinguish the constitutional status of the UPSC/SPSC from that of a Joint State Public Service Commission. - Examine the Supreme Court's position on the legal effect of failing to consult the UPSC before a government decision.