Indian Polity — Constitutional Bodies: UPSC, SPSC & Finance Commission
1. Union Public Service Commission (UPSC)
Establishment
- Articles 315 to 323 in Part XIV deal with it.
Major Objective
- The UPSC is the central recruiting agency. It is responsible to maintain the meritocracy system and bring in the best suitable people for the posts.
- It conducts the examination and sends its recommendation to the government for the recruitment of personnel for All-India services and central services in Group A and Group B.
Composition
- A Chairman and such number of other members as determined by the President of India.
Qualification
- 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.
Appointment and Tenure
- Appointed by the President of India.
- 6 years or until they attain the age of 65 years, whichever is earlier.
Removal and Resignation
- By the President of India, in the manner and on the grounds mentioned in the Constitution.
- In case of ground of 'Misbehaviour', the President has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court upholds the cause of removal and advises so, the President can remove the Chairman or a member of the UPSC. The advice tendered by the Supreme Court in this regard is binding on the President.
- Can resign by writing to the President of India.
- Other members are eligible for appointment as the Chairman of UPSC or a State Public Service Commission, but not for any other employment.
- The Chairman or a member is not eligible for the second term.
UPSC — KEY FACTS
- Articles: 315-323 (Part XIV)
- Chairman: Appointed by President
- Tenure: 6 years or 65 years
- Removal: President — in case of misbehaviour, SC enquiry (advice binding)
- Resignation: To President
- Re-appointment: Not eligible for second term
- Other Members: Can become Chairman of UPSC or SPSC, but no other employment
2. State Public Service Commission (SPSC)
Establishment
- Articles 315 to 323 in Part XIV deal with the SPSC.
Major Objective
- The SPSC conducts the examinations for the appointment to the services of the State.
Composition
- A Chairman and such number of other members as determined by the Governor.
Qualification
- 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.
Appointment and Tenure
- By the Governor of the state.
- 6 years or until they attain the age of 62 years, whichever is earlier.
Removal and Resignation
- By the President of India, in the manner and on the grounds mentioned in the Constitution.
- In case of ground of 'Misbehaviour', the President has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court upholds the cause of removal and advises so, the President can remove the Chairman or a member of the SPSC. The advice tendered by the Supreme Court in this regard is binding on the President.
- Can resign by writing to the Governor.
- The Chairman is eligible for appointment as the Chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment.
- The Chairman or a member is not eligible for the second term.
SPSC — KEY FACTS
- Articles: 315-323 (Part XIV)
- Chairman: Appointed by Governor
- Tenure: 6 years or 62 years
- Removal: President — in case of misbehaviour, SC enquiry (advice binding)
- Resignation: To Governor
- Re-appointment: Not eligible for second term
- Chairman: Can become Chairman/Member of UPSC or other SPSC
3. Finance Commission
Establishment
- Article 280 provides for a Finance Commission as a quasi-judicial body.
Major Objective
- To make recommendations regarding the distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds.
Composition
- A Chairman and four other members.
Qualification
- The Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected.
- The qualifications set by the Parliament are as follows:
- The Chairman should be a person having experience in public affairs.
- The four other members should be selected from amongst the following:
- A judge of High Court or one qualified to be appointed as one.
- A person who has specialised knowledge of finance and accounts of the government.
- A person who has wide experience in financial matters and in administration.
- A person who has special knowledge of economics.
Appointment and Tenure
- By the President of India.
- Period of office as specified by the President in his/her order.
- Eligible for reappointment.
FINANCE COMMISSION — KEY FACTS
- Article: 280
- Nature: Quasi-judicial body
- Composition: Chairman + 4 members
- Appointment: President
- Eligible for Reappointment: Yes
- Function: Distribution of tax proceeds between Centre and States
- Qualifications: Chairman: experience in public affairs; Members: HC judge/finance expert/administrator/economist
4. Comparison — UPSC vs SPSC vs Finance Commission
| Feature | UPSC | SPSC | Finance Commission |
|---|---|---|---|
| Article | 315-323 | 315-323 | 280 |
| Appointing Authority | President | Governor | President |
| Tenure | 6 years / 65 years | 6 years / 62 years | As specified by President |
| Removal | President (SC enquiry for misbehaviour) | President (SC enquiry for misbehaviour) | President |
| Resignation | To President | To Governor | To President |
| Re-appointment | Not eligible | Not eligible | Eligible |
| Key Function | Recruitment for central services | Recruitment for state services | Distribution of tax proceeds |
KEY DIFFERENCES
- UPSC: President appoints — 6 years / 65 years — Not eligible for re-appointment — Resignation to President
- SPSC: Governor appoints — 6 years / 62 years — Not eligible for re-appointment — Resignation to Governor
- Finance Commission: President appoints — Eligible for reappointment — Quasi-judicial body — Article 280
5. Summary: Constitutional Bodies at a Glance
| Aspect | UPSC | SPSC | Finance Commission |
|---|---|---|---|
| Articles | 315-323 | 315-323 | 280 |
| Appointment | President | Governor | President |
| Tenure | 6 yrs / 65 yrs | 6 yrs / 62 yrs | As specified |
| Re-appointment | No | No | Yes |
| Removal | President (SC enquiry) | President (SC enquiry) | President |
| Resignation | To President | To Governor | To President |
| Nature | Recruiting agency | Recruiting agency | Quasi-judicial |
Key Takeaways for UPSC
- UPSC: Articles 315-323 — Central recruiting agency — President appoints — 6 yrs / 65 yrs — No re-appointment
- SPSC: Articles 315-323 — State recruiting agency — Governor appoints — 6 yrs / 62 yrs — No re-appointment
- Finance Commission: Article 280 — Quasi-judicial body — President appoints — Eligible for reappointment — Distribution of tax proceeds
- Removal: UPSC/SPSC — President removes; SC enquiry for misbehaviour (advice binding)
- Qualification (UPSC/SPSC): 1/2 members should have held office for 10 years under Centre/State
- Finance Commission: Chairman: experience in public affairs; Members: HC judge, finance expert, administrator, economist
High-Yield Interactive UPSC Quiz (UPSC, SPSC & Finance Commission)
Q1. The Union Public Service Commission is established under which Articles?
Correct Answer: B. The Union Public Service Commission is established under Articles 315 to 323 in Part XIV of the Constitution.
Q2. The Chairman of the UPSC is appointed by:
Correct Answer: B. The Chairman of the UPSC is appointed by the President of India.
Q3. What is the tenure of a UPSC member?
Correct Answer: B. A UPSC member holds office for 6 years or until they attain the age of 65 years, whichever is earlier.
Q4. The Chairman of the SPSC is appointed by:
Correct Answer: B. The Chairman of the State Public Service Commission is appointed by the Governor of the state.
Q5. The Finance Commission is established under which Article?
Correct Answer: B. The Finance Commission is established under Article 280 of the Constitution as a quasi-judicial body.
Q6. The Finance Commission consists of how many members?
Correct Answer: B. The Finance Commission consists of a Chairman and four other members.
Q7. The Chairman of the UPSC is NOT eligible for:
Correct Answer: C. The Chairman or a member of the UPSC is not eligible for a second term.
Q8. In case of misbehaviour, the removal of a UPSC member requires enquiry by:
Correct Answer: B. In case of misbehaviour, the President has to refer the matter to the Supreme Court for an enquiry. The advice of the SC is binding.
Q9. The Finance Commission is eligible for:
Correct Answer: A/B/C. The Finance Commission members are eligible for reappointment, unlike UPSC and SPSC members who are not eligible for a second term.
Q10. What is the maximum age for an SPSC member?
Correct Answer: B. An SPSC member holds office until they attain the age of 62 years. UPSC members have a retirement age of 65 years.