Syllabus:

GS2: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Context: 

The President of India has appointed former defence secretary Dr Ajay Kumar as the chairman of the Union Public Service Commission (UPSC) under Article 316 (1) of the Constitution of India.

More on the News

• The Oath was administered by Lt.Gen Raj Shukla (Retd.), the senior-most Member of the Commission.
• Dr Ajay Kumar is a 1985-batch retired IAS officer of the Kerala cadre, who earlier worked as defence secretary from August 23, 2019, to October 31, 2022.
• The Department of Personnel of Training (DoPT) issued an order announcing Mr. Kumar's appointment.
• The tenure of Kumar's predecessor, Preeti Sudan, ended on April 29. 

Union Public Service Commission (UPSC)

• Union Public Service Commission (UPSC) is the central recruiting constitutional body in India.
• Articles 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding UPSC.
• The UPSC consists of a chairman and other members appointed by the President of India. 
• 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 Constitution also authorises the President under Article 318, to determine the conditions of service of the chairman and other members of the Commission. 

• As per Art 319, a person who holds office as chairman shall, on the expiration of the term of office, be ineligible for re-appointment to that office. 

• But, a member other than the chairman of the Union Public Service Commission shall be eligible for appointment as the chairman of the Union Public Service Commission, or as the chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State.

Appointment and Removal 

• Article 316(1) of the Constitution of India, outlines the appointment process for members of public service commissions.
• The Constitution of India does not outline specific qualifications for the UPSC Chairman or members. 

• The President can appoint one of the members of the UPSC as a chairman in the following two circumstances

• When the office of the chairman falls vacant
• When the chairman is unable to perform his functions due to absence or some other reason. 

• The Chairman or any other member of a Public Service Commission can only be removed from their office by the President, on grounds of misbehavior. 

• After the Supreme Court, upon a reference made by the President, reports that the removal is justified based on an inquiry conducted according to the procedure outlined in Article 145. 

• The President may also suspend the individual from office while the Supreme Court inquiry is ongoing. 

• President can remove the chairman or any other member of UPSC from the office under the following circumstances: 

• If he is adjudged an insolvent (that is, has gone bankrupt) 
• If he engages, during his term of office, in any paid employment outside the duties of his office. 
• If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

UPSC Mains Practice Question

Q: Discuss the constitutional provisions related to the appointment and removal of the Chairman of the Union Public Service Commission (UPSC).