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UPSC and SPSC

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santhoshv339's version from 2017-02-12 20:56

Section 1

Question Answer
UPSC is established under ?Part 14 Art 315 to 323
Who appoints chairman and other members of UPSC ?President of India
What is the strength of the Commission as specified in the constitution ?Constitution does not specify - left the matter to the discretion of the president, who determines its composition
How many members does UPSC generally have ?Nine to eleven members including the chairman
What are the qualifications for the members of UPSC in the constitution ?Constitution does not specify - 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
Who determines the conditions of service of the chairman and other members ofthe Commission ?President
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
The resignation of members of UPSC must be addressed to ?President
The President can appoint one of the members of the UPSC as an acting chairman in which circumstances ?When the office ofthe chairman falls vacant or When the chairman is unable to perform his functions due to absence or some other reason.
The provision of appointment of members of UPSC as acting chairmen by President was added by ?15th Amendment Act of 1963
Who removes members of UPSC ?President
When can President remove Chairman or any other member of UPSC from office ? (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 which other case can president remove chairman or any other member of UPSC ?Misbehaviour
In case of Misbehaviour what should president do ?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 is the advise tendered by the Supreme Court in case of removal of UPSC members on charge of misbehaviour binding on the president ?Yes
During the course of enquiry by the Supreme Court can the president suspend the chairman or the member of UPSC ?Yes
According to the Constitution misbehaviour means ?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 ofan incorporated company
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Section 2

Question Answer
Do members of UPSC and Chairman enjoy security of tenure ?Yes, they can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution
Can the conditions of service of the chairman or a member, though determined by the president, be varied to his disadvantage after his appointment ?No
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
Are the entire expenses including the salaries, allowances and pensions of the chairman and members of the UPSC subject to vote of Parliament ?No
Can the chairman ofUPSC (on ceasing to hold office) eligible for further employment in the Government ofIndia or a state ?No
Can a member of UPSC on ceasing to hold office eligible for appointment as the chairman of UPSC or a State Public Service Commission ?Yes
Can a member of UPSC on ceasing to hold office eligible for employment in the Government ofIndia or a state other than as Chairman of UPSC or SPSC ?No
Can the chairman or a member or UPSC is (after having completed his first term) eligible for reappointment to that office (i.e., eligible for second term) ?No
Can a former Chairman of UPSC be appointed as the governor ?Yes because office of the governor is a ‘constitutional office’ and not an employment under the government
When a member of UPSC is appointed as its chairman, he holds the new office for ?six years or until the age ofsuperannuation, whichever is earlier
UPSC conducts examinations for ?appointments to the all-India services, Central services and public services ofthe centrally administered territories.
When does UPSC assist states in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required?if requested by two or more states to do so
When does UPSC serve all the needs of the state ?On the request of the state governor and with the approval ofthe president ofIndia.
Are the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another determined by UPSC ?Yes
Who determines the suitability of candidates for appointments to civil services and posts ?UPSC
Who ratifies on matters of promotions and transfers from one service to another; and appointments by transfer or deputation ?The concerned departments make recommendations for promotions and request the UPSC to ratify them
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Section3

Question Answer
When is UPSC consulted for All disciplinary matters affecting a person serving under the Government of India in a civil capacity including memorials or petitions relating to such matters ?Censure (Severe disapproval), Withholding ofincrements, Withholding ofpromotions, Recovery ofpecuniary loss, Reduction to lower service or rank (Demotion), Compulsory retirement, Removal from service and Dismissal from service
Should UPSC be consulted for any claim for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duties ?Yes
Should UPSC be consulted for any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and any question as to the amount of any such award ?Yes
Should UPSC be consulted for matters of temporary appointments for period exceeding one year and on regularisation of appointments ?Yes
Should UPSC be consulted on matters related to grant of extension of service and re-employment of certain retired civil servants ?Yes
On matters related to personnel management should UPSC be consulted ?Yes
Does a aggrieved public servant have any remedy in court if government fails to consult UPSC ?No as ruled by SC
Is the consultation of UPSC on matters directory or mandatory ?directory
Does selection by UPSC confer ay right to the post upon the candidate ?No but the government is to act fairly and without arbitrariness or malafides.
The additional functions relating to the services of the Union can be conferred on UPSC by the ?Parliament
Who can place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC ?Parliament
Who can extend jurisdiction of UPSC ?Parliament via acts
UPSC presents annualy a report on its performance to ?President
The President places the report on ?Both 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
Cases of Non acceptance of UPSCs recommendations must be approved by ?Appointments Committee of the Union cabinet
Do individual ministry or department have power to reject the advice of the UPSC ?No
Does UPSC make reservations of appointments or posts in favour of any backward class of citizens or While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts?No
Does UPSC recruit a person for temporary or officiating appointment to a post if the person appointed is not likely to hold the post for more than a year ?nO
Which Chairman or commisions or tribunals are not taken care by UPSC ?One of Highest diplomatic nature , most Group C and D
Who can exclude posts, services and matters from the purview of the UPSC ?President
Who can make regulations in respect to the all-India services and Central services and posts specifying the matters in which, it shall not be necessary for UPSC to be consulted ?President
All regulations made by the president shall be laid before each House of Parliament for at least ?14 days and The Parliament can amend or repeal them
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Section

Question Answer
Who is concerned with classification of services, pay and service conditions, cadre management, training, and so on ?Ministry ofPersonnel, Public Grievances and Pensions
Which is the central Personnel agency ?Ministry ofPersonnel, Public Grievances and Pensions
Are the recommendations of UPSC binding on government ?No
Can the government can make rules which regulate the scope ofthe advisory functions of UPSC ?Yes
Does government needs to answer to parliament for departing from the recommendations of UPSC ?Yes
The emergence of which organisation has affected UPSC in disciplinary matters ?CVC
Why has the emergence of which organisation has affected UPSC in disciplinary matters ?because both are consulted by the government while taking disciplinary action against a civil servant
Which organisation has an edge in case of conflicting advises related to disciplinary matters ?UPSC being a 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
What is the difference between removal and dismissal ?removal does not disqualify for future employment under the government while dismissal disqualifies for future employment under the government
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Section

Question Answer
Which articles are related to SPSC ?Same articles that of UPSC - Part 14 Art 315 to 323
What is the age limit for members of SPSC ?in the case of UPSC, the age limit is 65 years ,here it is 60 years The 41st Amendment Act of1976 raised it to 62 years from 60 years
The members of SPSC are removed by ?president (and not by the governor)
SPSC c onsulted by the governor while framing rules for appointment to judicial service of the state other than the posts of district judges along with ?concerned state high court
JPSC are created by ?act of Parliament on the request of the state legislatures - thus JPSC is only statutory
The chairman and members of a JSPSC are appointed by ?president
Members of JPSC hold term for ?six years or until they attain the age of 62 years, whichever is earlier
Members of JPSC can be suspended or removed by ?president
Members of JPSC can resign from their offices at any time by submitting their resignation letters to ?president
The number ofmembers ofa JSPSC and their conditions ofservice are determined by ?president
A JSPSC presents its annual performance report to ?each of the concerned state governors
Each governor places the report of JPSC before ?state legislature
The UPSC can also serve the needs of a state on the request of ?state governor and with the approval ofthe president
Central Public Service Commission was set up in 1926 and entrusted with the task of recruiting civil servants by the ?Government of India Act of 1919
Which Act of British provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces ?The Government of India Act of 1935
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