The Indian Constitution mandates a Public Service Commission for the Union and a Public Service Commission for each State (or a Joint Commission for two or more States). The Union Public Service Commission (UPSC) is the body that recruits to All-India Services (IAS, IPS, IFoS) and to the Central Services (Group A and B). Its constitutional position is established by Articles 315-323. The UPSC is independent of the executive — its members are appointed by the President, but their conditions of service are protected, their salaries are charged on the Consolidated Fund of India, and they can be removed only through a Supreme Court reference. State PSCs operate in parallel for State-level services. The constitutional architecture protects the integrity of recruitment to public services from political interference.
Article 315 — establishment
Article 315(1) provides: "Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State."
The article establishes a constitutional architecture of Public Service Commissions:
Union Public Service Commission (UPSC) — for the Union.
State Public Service Commission (SPSC) — for each State.
Joint Public Service Commission (JPSC) — under Article 315(2), two or more States may have a Joint Commission. This is established by Parliament by law if the Legislatures of those States pass resolutions to that effect under Article 315(3).
UPSC serving a State — Article 315(4) allows the UPSC to serve all or any of the needs of a State if requested by the State Governor and approved by the President. This is a flexible arrangement; the State has its own SPSC, but the UPSC can additionally serve specific needs.
The framers chose this dual-Commission architecture deliberately. Each State requires recruitment to its own services; a single national Commission would be overburdened and remote. State-level Commissions allow local knowledge and accountability. But the All-India Services and Central Services need a national Commission — and that role falls to the UPSC.
Article 316(1) — Composition. "The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State."
The Constitution does not specify the number of members of UPSC or SPSCs. Article 318 leaves this to the President (for UPSC) and the Governor (for SPSC) by regulations. In practice, UPSC has typically had a Chairman and 9-10 Members.
Article 316(1) Proviso — "as nearly as may be one-half of the members of every such Commission shall be persons who at the date of their appointment have held office for at least ten years either under the Government of India or under the Government of a State." This ensures that experienced civil servants form half the membership; the other half can be drawn from outside government.
Composition, tenure, conditions
Article 316(2) — Tenure. A member of UPSC holds office for six years from the date he takes charge, or until age 65, whichever is earlier. For SPSC members, the retirement age is 62 (not 65) — a notable difference.
Article 316(2)(a) — Resignation. A UPSC member may resign by writing to the President; an SPSC member to the Governor; a Joint PSC member to the President.
Article 316(1A) — Acting Chairman. If the Chairman's post is vacant, or the Chairman is unable to discharge functions due to absence or other reasons, the President (or Governor) may appoint an acting Chairman.
Article 318 — Conditions of service. The President (for UPSC) or Governor (for SPSC) determines the number of members and their conditions of service through regulations. Important protection: "the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment." This protects members from executive pressure during their tenure.
Article 322 — Expenses. Salaries, allowances, and pensions of UPSC members are charged on the Consolidated Fund of India. SPSC expenses are charged on the State Consolidated Fund. The "charged" status means they are paid out automatically — Parliament (or the State Legislature) cannot deny these expenses through a vote.
Article 319 — Post-tenure restrictions. The Constitution imposes specific bars on subsequent employment to prevent UPSC and SPSC members from being rewarded with government posts after their PSC tenure (which could compromise their independence during tenure).
(a) UPSC Chairman — not eligible for any further employment under the Government of India or under any State Government.
(b) UPSC Member (other than Chairman) — eligible for appointment as the Chairman of UPSC or as the Chairman of any State PSC, but not for any other employment under the Government of India or any State.
(c) State PSC Chairman — eligible for appointment as Chairman or Member of UPSC, or as Chairman of another State PSC, but not for any other government employment.
(d) State PSC Member — eligible for appointment as Chairman or Member of UPSC, or as Chairman of that State PSC, or as Chairman of another State PSC, but not for any other government employment.
The post-tenure architecture creates an upward mobility scheme — State PSC members can move to UPSC, but no PSC member can move to a regular government post. The architecture prevents government from using post-PSC appointments as inducements during tenure.
Article 317 — removal of members
Article 317 governs the removal of UPSC and SPSC members. The procedure is rigorous and protects PSC independence.
Article 317(1) — Removal procedure:
The Chairman or any other member of a PSC can be removed only by an order of the President on the ground of "misbehaviour" — and only after the Supreme Court, on a reference by the President, has reported that the person ought to be removed.
The procedure has three stages:
(i) The President makes a reference to the Supreme Court alleging misbehaviour.
(ii) The Supreme Court conducts an inquiry — examining evidence, summoning witnesses, considering representations.
(iii) If the Supreme Court reports that the person should be removed, the President may issue an order of removal. If the Supreme Court reports otherwise, the person continues in office.
This procedure mirrors that for Supreme Court and High Court judges in some respects but goes further — the Supreme Court itself decides on misbehaviour rather than just providing the forum. The President's role is procedural; the substantive decision is the Court's.
Article 317(2) — Suspension during inquiry. The President (for UPSC) or Governor (for SPSC) may suspend the member during the period the reference is pending before the Supreme Court.
Article 317(3) — Other grounds:
The President may also remove the Chairman or any other member of a PSC if the person:
(a) Is adjudged an insolvent.
(b) Engages during the term of office in any paid employment outside the duties of office.
(c) Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
For grounds (a), (b), and (c), no Supreme Court reference is required — the President can directly remove. But these are objective grounds (insolvency, paid employment, mental/physical unfitness) where dispute is unlikely.
The procedure has been used several times. References have been made to the Supreme Court in respect of State PSC members (notably in Bihar, Punjab, Chhattisgarh). The Supreme Court has emphasised that "misbehaviour" includes any failure to maintain the integrity expected of a PSC Chairman or Member — favouritism in selection, irregularities in examinations, abuse of office.
Article 320 — functions
Article 320(1) sets out the UPSC's primary function: "It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively."
Examination conduct — UPSC conducts the Civil Services Examination (CSE) annually for IAS, IPS, IFoS, and Central Services Group A. It also conducts examinations for: Engineering Services; Combined Medical Services; Indian Forest Service; Combined Defence Services; National Defence Academy; Naval Academy; Special Class Railway Apprentices; Section Officer/Stenographer; and various departmental promotions.
Article 320(2) — Joint recruitment for States. If two or more States request, UPSC must assist in framing and operating schemes for joint recruitment for services requiring special qualifications.
Article 320(3) — Advisory functions. The UPSC must be consulted on:
(a) Methods of recruitment to civil services and posts. The Government must consult UPSC before deciding the method (direct recruitment, promotion, deputation, etc.) for filling positions.
(b) Principles of appointments, promotions, and transfers. The Government must consult on the principles followed in making appointments and promotions, on transfers from one service to another, and on the suitability of candidates.
(c) All disciplinary matters. Memorials, petitions, and disciplinary proceedings affecting civil servants. The UPSC's opinion is to be sought on disciplinary matters before final action.
(d) Claims relating to legal costs. If a civil servant claims that costs incurred in defending legal proceedings related to official duty should be paid from the Consolidated Fund, UPSC is consulted.
(e) Pension-related claims. Claims for award of pension in respect of injuries sustained while in government service.
The Article 320(3) consultation requirements have been held to be DIRECTORY, not mandatory. In State of Mysore v. R.V. Bidap (1973) and earlier cases, the Supreme Court held that failure to consult UPSC does not necessarily invalidate the appointment — though it may give rise to administrative criticism. This was a controversial holding; many critics argue that mandatory consultation is essential to UPSC's constitutional role.
Article 320(4) — Exclusions. Article 320(3) does NOT apply to certain matters:
(i) Reservations in favour of SCs/STs and other backward classes (under Article 16).
(ii) Posts reserved by Parliament/State Legislature for backward classes.
(iii) Promotions or appointments not in regular government service (e.g., constitutional appointees).
The exclusions allow government flexibility on social-justice matters that should not be subject to UPSC review.
State Public Service Commission — parallel structure
State Public Service Commissions operate in parallel with UPSC. The constitutional provisions of Articles 315-323 apply with minor modifications.
Composition. Each SPSC has a Chairman and Members appointed by the Governor (Article 316(1)). At least half must have held a government office for ten years (proviso to Article 316(1)).
Tenure. Six years from the date of taking charge, OR until age 62 (NOT 65 — this is the key difference from UPSC). Resignation by writing to the Governor.
Removal. Like UPSC members, SPSC members can be removed by the President — NOT the Governor — on the basis of a Supreme Court reference. The constitutional architecture ensures SPSC independence even from the State government.
Functions. The SPSC discharges in respect of State services the same functions UPSC discharges for Union services. Examinations for State Civil Services, advisory functions on recruitment, disciplinary matters, etc.
Salaries and expenses. Charged on the Consolidated Fund of the State (Article 322), not subject to State Legislature vote.
Joint Public Service Commission — for two or more States. Members appointed by the President. Created when small States cannot maintain individual SPSCs efficiently. Currently no JPSC operates; some States have considered creating one.
State PSCs have varied substantially in their performance. Some (Karnataka, Kerala) have maintained relatively high standards. Others have been the subject of corruption scandals (Bihar, Madhya Pradesh in earlier decades; Chhattisgarh, Maharashtra in more recent times). The Article 317 removal procedure has been invoked in several cases.
The Supreme Court has emphasised in repeated cases that PSCs must be "manned by competent, honest and independent persons of outstanding ability and high reputation." Where this is not so, the integrity of public service recruitment is compromised — undermining the foundational principle of merit-based public service.
Limitations and reform debates
The constitutional architecture of UPSC and SPSCs has been subject to several criticisms and reform proposals.
One — directory consultation. The Supreme Court's holding that Article 320(3) consultation is directory has weakened UPSC's role. Government can effectively bypass UPSC on appointment matters; the only consequence is administrative criticism. Reform proposals call for making consultation mandatory.
Two — exemption of substantial recruitment. Many recruitment processes are kept outside UPSC. The Staff Selection Commission (for Group B and C posts), the Public Enterprises Selection Board (for PSU executives), the Banks Board Bureau (for banking sector — until restructured), various sectoral recruitment boards — all conduct major recruitments outside UPSC. The constitutional architecture envisages UPSC as the central recruitment body; in practice, it handles only a fraction of total government recruitment.
Three — political interference in State PSCs. Notwithstanding constitutional protections, several State PSCs have been compromised. Political appointments to PSC Chairmanship and Membership have been made on partisan criteria. Article 317 references have been made but the process is slow.
Four — appointment process opaque. The Constitution does not specify how PSC members are selected. The President (for UPSC) and the Governor (for SPSC) appoint, in practice on the advice of the executive. There is no formal selection committee, no public scrutiny, no parliamentary involvement. Reform proposals suggest a selection committee similar to that recommended by the Supreme Court for the Election Commission.
Five — workload and infrastructure. UPSC handles enormous workload — millions of applicants for the Civil Services Examination alone. The infrastructure has been strained. Reform proposals include: dedicated infrastructure for examination logistics; deeper subject-matter expertise on the Commission; technology-enabled examination processes.
Despite these limitations, UPSC has maintained relative integrity over decades. The Civil Services Examination is widely regarded as fair and merit-based. The architecture works — even if imperfectly — and has produced generations of civil servants who have shaped Indian governance.
What students must hold
Six points carry the weight. One, Articles 315-323. UPSC for Union; SPSC for each State; JPSC possible for two or more States (Article 315). UPSC can serve State needs on request (Article 315(4)).
Two, Article 316 — Chairman and Members appointed by President (UPSC) or Governor (SPSC). At least half from civil servants with 10+ years government service. UPSC tenure: 6 years OR age 65, whichever earlier. SPSC tenure: 6 years OR age 62 (note the difference).
Three, Article 317 — Removal. Only by President. Procedure: Presidential reference to Supreme Court → SC inquiry → SC report. President can remove if SC recommends. Suspension possible during inquiry. Other grounds (insolvency, paid employment, mental/physical unfitness) — direct removal by President.
Four, Article 318 — Conditions of service determined by President/Governor regulations. Cannot be varied to disadvantage during tenure. Article 322 — Salaries charged on Consolidated Fund.
Five, Article 319 — Post-tenure restrictions. UPSC Chairman: no further government employment. UPSC Member: can become UPSC Chairman or SPSC Chairman. SPSC member: can move up to UPSC. No PSC member can return to regular government post.
Six, Article 320 — Functions. (i) Conduct examinations. (ii) Advisory: methods of recruitment, principles of appointment, disciplinary matters, legal costs claims, pension claims. Consultation under Article 320(3) is DIRECTORY (not mandatory) — held in State of Mysore v. R.V. Bidap (1973). For more, see bureaucracy role.