jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
governance:	1. To uphold the values enshrined in the Constitution viz,	equality, equity, impartiality, independence; and rule of law in
superintendence, direction and control over the electoral	governance;	2. To conduct elections with highest standard of credibility,
freeness, fairness, transparency, integrity, accountability,	autonomy and professionalism;	3. To ensure participation of all eligible citizens in the electoral
process in an inclusive voter centric and voterfriendly	environment;	4. To engage with political parties and all stakeholders in the
interest of electoral process;	5. To promote awareness about the electoral process and	electoral governance amongst stakeholders namely, voters,
political parties, election functionaries, candidates and	people at large; and to enhance and strengthen confidence	and trust in the electoral system of this country;
6. To develop the human resource for effective and	professional delivery of electoral services;	7. To build quality infrastructure for smooth conduct of electoral
process;	8. To adopt technology for improvement in all areas of electoral	process;
9. To strive for adoption of innovative practices for achieving	excellence and overall realization of the vision and mission;	10. To contribute towards the reinforcement of democratic
values by maintaining and reinforcing confidence and trust of	the people in the electoral system of the country.	NOTES AND REFERENCES
1. Vide 73rd and 74th Constitutional Amendment Acts of	1992.	2. By the 61st Constitutional Amendment Act of 1988,
which came into force in 1989.	3. In 2018, the salary of a judge of the Supreme Court had	been fixed at ₹2.50 lakh per month.
4. The Parliament has made the Delimitation Commission	Acts in 1952, 1962, 1972 and 2002.	5. For details in this regard, see Chapter 69 (Political
Parties).	6. Strategic Plan 2016–2025, Election Commission of	India, pp. 8–9.
43 Union Public Service Commission	T	he Union Public Service Commission (UPSC) is the central
recruiting agency in India. It is an independent constitutional	body in the sense that it has been directly created by the	Constitution. Articles 315 to 323 in Part XIV of the Constitution
contain elaborate provisions regarding the composition, appointment	and removal of members along with the independence, powers and	functions of the UPSC.
COMPOSITION	The UPSC consists of a chairman and other members appointed by	the president of India. The Constitution, without specifying the
strength of the Commission has left the matter to the discretion of	the president, who determines its composition. Usually, the	Commission consists of nine to eleven members including the
chairman. Further, no qualifications are prescribed for the	Commission’s membership except that one-half of the members of	the Commission should be such persons who have held office for at
least ten years either under the Government of India or under the	government of a state. The Constitution also authorises the	president to determine the conditions of service of the chairman and
other members of the Commission.	The chairman and members of the Commission hold office for a	term of six years or until they attain the age of 65 years, whichever is
earlier. However, they can relinquish their offices at any time by	addressing their resignation to the president. They can also be	removed before the expiry of their term by the president in the
manner as provided in the Constitution.	The President can appoint one of the members of the UPSC as	an acting chairman in the following two circumstances1 :
(a) When the office of the chairman falls vacant; or	(b) When the chairman is unable to perform his functions due to	absence or some other reason.
The acting chairman functions till a person appointed as chairman	enters on the duties of the office or till the chairman is able to	resume his duties.
REMOVAL	The President can remove the chairman or any other member of	UPSC from the office under the following circumstances:
(a) If he is adjudged an insolvent (that is, has gone bankrupt);	(b) If he engages, during his term of office, in any paid employment	outside the duties of his office; or
(c) If he is, in the opinion of the president, unfit to continue in office	by reason of infirmity of mind or body.	In addition to these, the president can also remove the chairman
or any other member of UPSC for misbehaviour. However, in this	case, the president has to refer the matter to the Supreme Court for	an enquiry. If the Supreme Court, after the enquiry, upholds the
cause of removal and advises so, the president can remove the	chairman or a member. Under the provisions of the Constitution, the	advise tendered by the Supreme Court in this regard is binding on
the president. During the course of enquiry by the Supreme Court,	the president can suspend the chairman or the member of UPSC.	Defining the term ‘misbehaviour’ in this context, the Constitution
states that the chairman or any other member of the UPSC is	deemed to be guilty of misbehaviour if he (a) is concerned or	interested in any contract or agreement made by the Government of
India or the government of a state, or (b) participates in any way in	the profit of such contract or agreement or in any benefit therefrom	otherwise than as a member and in common with other members of
INDEPENDENCE	The Constitution has made the following provisions to safeguard and	ensure the independent and impartial functioning of the UPSC:
(a) The chairman or a member of the UPSC can be removed from	office by the president only in the manner and on the grounds	mentioned in the Constitution. Therefore, they enjoy security of
tenure.	(b) The conditions of service of the chairman or a member, though	determined by the president, cannot be varied to his
disadvantage after his appointment.	(c) The entire expenses including the salaries, allowances and	pensions of the chairman and members of the UPSC are
charged on the Consolidated Fund of India. Thus, they are not	subject to vote of Parliament.	(d) The chairman of UPSC (on ceasing to hold office) is not eligible
for further employment in the Government of India or a state2 .	(e) A member of UPSC (on ceasing to hold office) is eligible for	appointment as the chairman of UPSC or a State Public Service
Commission (SPSC), but not for any other employment in the	Government of India or a state3 .	(f) The chairman or a member of UPSC is (after having completed
FUNCTIONS	The UPSC performs the following functions:	(a) It conducts examinations for appointments to the all-India
services, Central services and public services of the centrally	administered territories.	(b) It assists the states (if requested by two or more states to do
so) in framing and operating schemes of joint recruitment for	any services for which candidates possessing special	qualifications are required.
(c) It serves all or any of the needs of a state on the request of the	state governor and with the approval of the president of India.	(d) It is consulted on the following matters related to personnel
management:	(i) All matters relating to methods of recruitment to civil servic	and for civil posts.
(ii) The principles to be followed in making appointments to c	services and posts and in making promotions and transfers fro	one service to another.
(iii) The suitability of candidates for appointments to civil servic	and posts; for promotions and transfers from one service	another; and appointments by transfer or deputation. T
concerned departments make recommendations for promotio	and request the UPSC to ratify them.	(iv) All disciplinary matters affecting a person serving under t
Government of India in a civil capacity including memorials	petitions relating to such matters. These include:	– Censure (Severe disapproval)
– Withholding of increments	– Withholding of promotions	– Recovery of pecuniary loss
– Reduction to lower service or rank (Demotion)	– Compulsory retirement	– Removal from service
– Dismissal from service4	(v) Any claim for reimbursement of legal expenses incurred by	civil servant in defending legal proceedings instituted again
(vi) Any claim for the award of a pension in respect of injuri	sustained by a person while serving under the Government	India and any question as to the amount of any such award.
(vii) Matters of temporary appointments for period exceeding o	year and on regularisation of appointments.	(viii) Matters related to grant of extension of service and r
employment of certain retired civil servants.	(ix) Any other matter related to personnel management.	The Supreme Court has held that if the government fails to
consult UPSC in the matters (mentioned above), the aggrieved	public servant has no remedy in a court. In other words, the court	held that any irregularity in consultation with the UPSC or acting
without consultation does not invalidate the decision of the	government. Thus, the provision is directory and not mandatory.	Similarly, the court held that a selection by the UPSC does not
confer any right to the post upon the candidate. However, the	government is to act fairly and without arbitrariness or mala fides.	The additional functions relating to the services of the Union can
be conferred on UPSC by the Parliament. It can also place the	personnel system of any authority, corporate body or public	institution within the jurisdiction of the UPSC. Hence the jurisdiction
of UPSC can be extended by an act made by the Parliament.	The UPSC presents, annually, to the president a report on its	performance. The President places this report before both the
Houses of Parliament, along with a memorandum explaining the	cases where the advice of the Commission was not accepted and	the reasons for such non-acceptance. All such cases of non-
acceptance must be approved by the Appointments Committee of	the Union cabinet. An individual ministry or department has no power	to reject the advice of the UPSC.
LIMITATIONS	The following matters are kept outside the functional jurisdiction of	the UPSC. In other words, the UPSC is not consulted on the
following matters:	(a) While making reservations of appointments or posts in favour of	any backward class of citizens.
(b) While taking into consideration the claims of scheduled castes	and scheduled tribes in making appointments to services and	posts.
(c) With regard to the selections for chairmanship or membership	of commissions or tribunals, posts of the highest diplomatic	nature and a bulk of group C and group D services.
(d) With regard to the selection for temporary or officiating	appointment to a post if the person appointed is not likely to	hold the post for more than a year.
The president can exclude posts, services and matters from the	purview of the UPSC. The Constitution states that the president, in	respect to the all-India services and Central services and posts may
make regulations specifying the matters in which, it shall not be	necessary for UPSC to be consulted. But all such regulations made	by the president shall be laid before each House of Parliament for at
ROLE	The Constitution visualises the UPSC to be the ‘watch-dog of merit	system’ in India. It is concerned with the recruitment to the all-India
services and Central services–group A and group B and advises the	government, when consulted, on promotion and disciplinary matters.	It is not concerned with the classification of services, pay and service
conditions, cadre management, training, and so on. These matters	are handled by the Department of Personnel and Training–one of the	three departments of the Ministry of Personnel, Public Grievances
and Pensions5. Therefore, UPSC is only a central recruiting agency	while the Department of Personnel and Training is the central	personnel agency in India.
The role of UPSC is not only limited, but also recommendations	made by it are only of advisory nature and hence, not binding on the	government. It is upto the Union government to accept or reject that
advise. The only safeguard is the answerability of the government to	the Parliament for departing from the recommendation of the	Commission. Further, the government can also make rules which
regulate the scope of the advisory functions of UPSC6 .	The emergence of Central Vigilance Commission (CVC) in 1964	affected the role of UPSC in disciplinary matters. This is because
both are consulted by the government while taking disciplinary action	against a civil servant. The problem arises when the two bodies	tender conflicting advise. However, the UPSC, being an independent
constitutional body, has an edge over the CVC, which is created by	an executive resolution of the Government of India and conferred a	statutory status in October 2003.
Table 43.1 Articles Related to UPSC at a Glance	Article No. Subject-matter	315 Public Service Commissions for the Union and for
the states	316 Appointment and term of office of members	317 Removal and suspension of a member of a Public
318 Power to make regulations as to conditions of	service of members and staff of the Commission	319 Prohibition as to the holding of office by members of
commission on ceasing to be such members	320 Functions of Public Service Commissions	321 Power to extend functions of Public Service
Commissions	322 Expenses of Public Service Commissions	323 Reports of Public Service Commissions
NOTES AND REFERENCES	1. Added by the 15th Amendment Act of 1963.	2. In 1979, the Supreme Court upheld the validity of
appointment of A.R. Kidwai, a former Chairman of UPSC,	as the governor of Bihar. It ruled that the office of the	governor is a ‘constitutional office’ and not an employment
under the government.	3. When a member of UPSC is appointed as its chairman, he	holds the new office for six years or until the age of
superannuation, whichever is earlier.	4. The difference between removal and dismissal is that the	former does not disqualify for future employment under the
government while the latter disqualifies for future	employment under the government.	5. In 1985, a new full-fledged Ministry of Personnel, Public
Grievances and Pensions was created with three separate	departments. These are Department of Personnel and	Training, Department of Administrative Reforms and Public
Grievances, and Department of Pensions and Pensioners’	Welfare.	6. Such Rules are known as the UPSC (Exemption From
44 State Public Service Commission	P	arallel to the Union Public Service Commission (UPSC) at the
Centre, there is a State Public Service Commission (SPSC)	in a state. The same set of Articles (i.e., 315 to 323 in Part	XIV) of the Constitution also deal with the composition, appointment
COMPOSITION	A State Public Service Commission consists of a chairman and other	members appointed by the governor of the state. The Constitution
does not specify the strength of the Commission but has left the	matter to the discretion of the Governor. Further, no qualifications are	prescribed for the commission’s membership except that one-half of
the members of the commission should be such persons who have	held office for at least ten years either under the government of India	or under the Government of a state. The Constitution also authorises
the governor to determine the conditions of service of the chairman	and members of the Commission.	The chairman and members of the Commission hold office for a
term of six years or until they attain the age of 62 years1 , whichever	is earlier (in the case of UPSC, the age limit is 65 years). However,	they can relinquish their offices at any time by addressing their
resignation to the governor.	The governor can appoint one of the members of the SPSC as an	acting chairman in the following two circumstances2 :
(a) When the office of the chairman falls vacant; or	(b) When the chairman is unable to perform his functions due to	absence or some other reason.

governance:

1. To uphold the values enshrined in the Constitution viz,

equality, equity, impartiality, independence; and rule of law in

superintendence, direction and control over the electoral

governance;

2. To conduct elections with highest standard of credibility,

freeness, fairness, transparency, integrity, accountability,

autonomy and professionalism;

3. To ensure participation of all eligible citizens in the electoral

process in an inclusive voter centric and voterfriendly

environment;

4. To engage with political parties and all stakeholders in the

interest of electoral process;

5. To promote awareness about the electoral process and

electoral governance amongst stakeholders namely, voters,

political parties, election functionaries, candidates and

people at large; and to enhance and strengthen confidence

and trust in the electoral system of this country;

6. To develop the human resource for effective and

professional delivery of electoral services;

7. To build quality infrastructure for smooth conduct of electoral

process;

8. To adopt technology for improvement in all areas of electoral

process;

9. To strive for adoption of innovative practices for achieving

excellence and overall realization of the vision and mission;

10. To contribute towards the reinforcement of democratic

values by maintaining and reinforcing confidence and trust of

the people in the electoral system of the country.

NOTES AND REFERENCES

1. Vide 73rd and 74th Constitutional Amendment Acts of

1992.

2. By the 61st Constitutional Amendment Act of 1988,

which came into force in 1989.

3. In 2018, the salary of a judge of the Supreme Court had

been fixed at ₹2.50 lakh per month.

4. The Parliament has made the Delimitation Commission

Acts in 1952, 1962, 1972 and 2002.

5. For details in this regard, see Chapter 69 (Political

Parties).

6. Strategic Plan 2016–2025, Election Commission of

India, pp. 8–9.

43 Union Public Service Commission

T

he Union Public Service Commission (UPSC) is the central

recruiting agency in India. It is an independent constitutional

body in the sense that it has been directly created by the

Constitution. Articles 315 to 323 in Part XIV of the Constitution

contain elaborate provisions regarding the composition, appointment

and removal of members along with the independence, powers and

functions of the UPSC.

COMPOSITION

The UPSC consists of a chairman and other members appointed by

the president of India. The Constitution, without specifying the

strength of the Commission has left the matter to the discretion of

the president, who determines its composition. Usually, the

Commission consists of nine to eleven members including the

chairman. Further, no qualifications are prescribed for the

Commission’s membership except that one-half of the members of

the Commission should be such persons who have held office for at

least ten years either under the Government of India or under the

government of a state. The Constitution also authorises the

president to determine the conditions of service of the chairman and

other members of the Commission.

The chairman and members of the Commission hold office for a

term of six years or until they attain the age of 65 years, whichever is

earlier. However, they can relinquish their offices at any time by

addressing their resignation to the president. They can also be

removed before the expiry of their term by the president in the

manner as provided in the Constitution.

The President can appoint one of the members of the UPSC as

an acting chairman in the following two circumstances1 :

(a) When the office of the chairman falls vacant; or

(b) When the chairman is unable to perform his functions due to

absence or some other reason.

The acting chairman functions till a person appointed as chairman

enters on the duties of the office or till the chairman is able to

resume his duties.

REMOVAL

The President can remove the chairman or any other member of

UPSC from the office under the following circumstances:

(a) If he is adjudged an insolvent (that is, has gone bankrupt);

(b) If he engages, during his term of office, in any paid employment

outside the duties of his office; or

(c) If he is, in the opinion of the president, unfit to continue in office

by reason of infirmity of mind or body.

In addition to these, the president can also remove the chairman

or any other member of UPSC for misbehaviour. However, in this

case, the president has to refer the matter to the Supreme Court for

an enquiry. If the Supreme Court, after the enquiry, upholds the

cause of removal and advises so, the president can remove the

chairman or a member. Under the provisions of the Constitution, the

advise tendered by the Supreme Court in this regard is binding on

the president. During the course of enquiry by the Supreme Court,

the president can suspend the chairman or the member of UPSC.

Defining the term ‘misbehaviour’ in this context, the Constitution

states that the chairman or any other member of the UPSC is

deemed to be guilty of misbehaviour if he (a) is concerned or

interested in any contract or agreement made by the Government of

India or the government of a state, or (b) participates in any way in

the profit of such contract or agreement or in any benefit therefrom

otherwise than as a member and in common with other members of

INDEPENDENCE

The Constitution has made the following provisions to safeguard and

ensure the independent and impartial functioning of the UPSC:

(a) The chairman or a member of the UPSC can be removed from

office by the president only in the manner and on the grounds

mentioned in the Constitution. Therefore, they enjoy security of

tenure.

(b) The conditions of service of the chairman or a member, though

determined by the president, cannot be varied to his

disadvantage after his appointment.

(c) The entire expenses including the salaries, allowances and

pensions of the chairman and members of the UPSC are

charged on the Consolidated Fund of India. Thus, they are not

subject to vote of Parliament.

(d) The chairman of UPSC (on ceasing to hold office) is not eligible

for further employment in the Government of India or a state2 .

(e) A member of UPSC (on ceasing to hold office) is eligible for

appointment as the chairman of UPSC or a State Public Service

Commission (SPSC), but not for any other employment in the

Government of India or a state3 .

(f) The chairman or a member of UPSC is (after having completed

FUNCTIONS

The UPSC performs the following functions:

(a) It conducts examinations for appointments to the all-India

services, Central services and public services of the centrally

administered territories.

(b) It assists the states (if requested by two or more states to do

so) in framing and operating schemes of joint recruitment for

any services for which candidates possessing special

qualifications are required.

(c) It serves all or any of the needs of a state on the request of the

state governor and with the approval of the president of India.

(d) It is consulted on the following matters related to personnel

management:

(i) All matters relating to methods of recruitment to civil servic

and for civil posts.

(ii) The principles to be followed in making appointments to c

services and posts and in making promotions and transfers fro

one service to another.

(iii) The suitability of candidates for appointments to civil servic

and posts; for promotions and transfers from one service

another; and appointments by transfer or deputation. T

concerned departments make recommendations for promotio

and request the UPSC to ratify them.

(iv) All disciplinary matters affecting a person serving under t

Government of India in a civil capacity including memorials

petitions relating to such matters. These include:

– Censure (Severe disapproval)

– Withholding of increments

– Withholding of promotions

– Recovery of pecuniary loss

– Reduction to lower service or rank (Demotion)

– Compulsory retirement

– Removal from service

– Dismissal from service4

(v) Any claim for reimbursement of legal expenses incurred by

civil servant in defending legal proceedings instituted again

(vi) Any claim for the award of a pension in respect of injuri

sustained by a person while serving under the Government

India and any question as to the amount of any such award.

(vii) Matters of temporary appointments for period exceeding o

year and on regularisation of appointments.

(viii) Matters related to grant of extension of service and r

employment of certain retired civil servants.

(ix) Any other matter related to personnel management.

The Supreme Court has held that if the government fails to

consult UPSC in the matters (mentioned above), the aggrieved

public servant has no remedy in a court. In other words, the court

held that any irregularity in consultation with the UPSC or acting

without consultation does not invalidate the decision of the

government. Thus, the provision is directory and not mandatory.

Similarly, the court held that a selection by the UPSC does not

confer any right to the post upon the candidate. However, the

government is to act fairly and without arbitrariness or mala fides.

The additional functions relating to the services of the Union can

be conferred on UPSC by the Parliament. It can also place the

personnel system of any authority, corporate body or public

institution within the jurisdiction of the UPSC. Hence the jurisdiction

of UPSC can be extended by an act made by the Parliament.

The UPSC presents, annually, to the president a report on its

performance. The President places this report before both the

Houses of Parliament, along with a memorandum explaining the

cases where the advice of the Commission was not accepted and

the reasons for such non-acceptance. All such cases of non-

acceptance must be approved by the Appointments Committee of

the Union cabinet. An individual ministry or department has no power

to reject the advice of the UPSC.

LIMITATIONS

The following matters are kept outside the functional jurisdiction of

the UPSC. In other words, the UPSC is not consulted on the

following matters:

(a) While making reservations of appointments or posts in favour of

any backward class of citizens.

(b) While taking into consideration the claims of scheduled castes

and scheduled tribes in making appointments to services and

posts.

(c) With regard to the selections for chairmanship or membership

of commissions or tribunals, posts of the highest diplomatic

nature and a bulk of group C and group D services.

(d) With regard to the selection for temporary or officiating

appointment to a post if the person appointed is not likely to

hold the post for more than a year.

The president can exclude posts, services and matters from the

purview of the UPSC. The Constitution states that the president, in

respect to the all-India services and Central services and posts may

make regulations specifying the matters in which, it shall not be

necessary for UPSC to be consulted. But all such regulations made

by the president shall be laid before each House of Parliament for at

ROLE

The Constitution visualises the UPSC to be the ‘watch-dog of merit

system’ in India. It is concerned with the recruitment to the all-India

services and Central services–group A and group B and advises the

government, when consulted, on promotion and disciplinary matters.

It is not concerned with the classification of services, pay and service

conditions, cadre management, training, and so on. These matters

are handled by the Department of Personnel and Training–one of the

three departments of the Ministry of Personnel, Public Grievances

and Pensions5. Therefore, UPSC is only a central recruiting agency

while the Department of Personnel and Training is the central

personnel agency in India.

The role of UPSC is not only limited, but also recommendations

made by it are only of advisory nature and hence, not binding on the

government. It is upto the Union government to accept or reject that

advise. The only safeguard is the answerability of the government to

the Parliament for departing from the recommendation of the

Commission. Further, the government can also make rules which

regulate the scope of the advisory functions of UPSC6 .

The emergence of Central Vigilance Commission (CVC) in 1964

affected the role of UPSC in disciplinary matters. This is because

both are consulted by the government while taking disciplinary action

against a civil servant. The problem arises when the two bodies

tender conflicting advise. However, the UPSC, being an independent

constitutional body, has an edge over the CVC, which is created by

an executive resolution of the Government of India and conferred a

statutory status in October 2003.

Table 43.1 Articles Related to UPSC at a Glance

Article No. Subject-matter

315 Public Service Commissions for the Union and for

the states

316 Appointment and term of office of members

317 Removal and suspension of a member of a Public

318 Power to make regulations as to conditions of

service of members and staff of the Commission

319 Prohibition as to the holding of office by members of

commission on ceasing to be such members

320 Functions of Public Service Commissions

321 Power to extend functions of Public Service

Commissions

322 Expenses of Public Service Commissions

323 Reports of Public Service Commissions

NOTES AND REFERENCES

1. Added by the 15th Amendment Act of 1963.

2. In 1979, the Supreme Court upheld the validity of

appointment of A.R. Kidwai, a former Chairman of UPSC,

as the governor of Bihar. It ruled that the office of the

governor is a ‘constitutional office’ and not an employment

under the government.

3. When a member of UPSC is appointed as its chairman, he

holds the new office for six years or until the age of

superannuation, whichever is earlier.

4. The difference between removal and dismissal is that the

former does not disqualify for future employment under the

government while the latter disqualifies for future

employment under the government.

5. In 1985, a new full-fledged Ministry of Personnel, Public

Grievances and Pensions was created with three separate

departments. These are Department of Personnel and

Training, Department of Administrative Reforms and Public

Grievances, and Department of Pensions and Pensioners’

Welfare.

6. Such Rules are known as the UPSC (Exemption From

44 State Public Service Commission

P

arallel to the Union Public Service Commission (UPSC) at the

Centre, there is a State Public Service Commission (SPSC)

in a state. The same set of Articles (i.e., 315 to 323 in Part

XIV) of the Constitution also deal with the composition, appointment

COMPOSITION

A State Public Service Commission consists of a chairman and other

members appointed by the governor of the state. The Constitution

does not specify the strength of the Commission but has left the

matter to the discretion of the Governor. Further, no qualifications are

prescribed for the commission’s membership except that one-half of

the members of the commission should be such persons who have

held office for at least ten years either under the government of India

or under the Government of a state. The Constitution also authorises

the governor to determine the conditions of service of the chairman

and members of the Commission.

The chairman and members of the Commission hold office for a

term of six years or until they attain the age of 62 years1 , whichever

is earlier (in the case of UPSC, the age limit is 65 years). However,

they can relinquish their offices at any time by addressing their

resignation to the governor.

The governor can appoint one of the members of the SPSC as an

acting chairman in the following two circumstances2 :

(a) When the office of the chairman falls vacant; or

(b) When the chairman is unable to perform his functions due to

absence or some other reason.