A member of a State Public Service Commission holds office for six years or until he attains the age of:
- A.60 years
- B.62 years
- C.65 years
- D.70 years
Correct answer
B. 62 years
Explanation
The correct answer is B, sixty-two years. Article 316(2) fixes a six-year term for every Public Service Commission but two different retiring ages: sixty-five years for a member of the Union Public Service Commission and sixty-two years for a member of a State Commission or of a Joint Commission, and in each case the earlier of the two events ends the term. Option A, sixty years, is the usual age of superannuation for many government servants and is put in to mislead. Option C, sixty-five years, is correct for the UPSC and is the most tempting wrong answer here, so read the question carefully to see which Commission is being asked about. Option D, seventy years, belongs to no Public Service Commission at all; it is the retiring age fixed for a judge of the Supreme Court.
Read the full article: UPSC and State Public Service Commissions: Articles 315-323
Practice Questions
View allIn the removal of which of the following officials does the Parliament not play any role?
1. Judges of the High Court
2. Judges of the Supreme Court
3. Chairman of the Union Public Service Commission
4. Comptroller and Auditor General of India
Choose the correct answer from the codes given below.
2. Judges of the Supreme Court
3. Chairman of the Union Public Service Commission
4. Comptroller and Auditor General of India
- A.Only 1 and 2
- B.Only 3 and 4
- C.Only 1, 2 and 3
- D.Only 3
Show answer
Correct answer: D. Only 3
Explanation
The correct answer is D, only 3. The chairman of the Union Public Service Commission is removed by the President under Article 317, and for misbehaviour only after the Supreme Court has held an inquiry on the President's reference and reported against him. No resolution of either House is needed at any stage, so Parliament has no role at all. Judges of the High Courts and of the Supreme Court, listed at 1 and 2, are removed by the President only after an address supported by a special majority of each House, so Parliament is central there. The Comptroller and Auditor General at 4 is removed in the same manner as a judge of the Supreme Court, which again requires an address by both Houses. Options A, B and C are wrong because each of them leaves out the UPSC chairman or wrongly brings in the judges or the CAG.
The tenure of the UPSC members is:
- A.6 years or age of 65 whichever is earlier
- B.6 years or age of 62 years
- C.5 years or age of 65 years
- D.4 years or age of 62 years
Show answer
Correct answer: A. 6 years or age of 65 whichever is earlier
Explanation
The correct answer is A, six years or the age of sixty-five, whichever is earlier. Article 316(2) says that a member of the Union Public Service Commission holds office for a term of six years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier. Option B gives the right term but the wrong age: sixty-two is the age limit for a member of a State Public Service Commission or of a Joint Public Service Commission, and mixing the two is the commonest mistake in this question. Option C is wrong because the term is six years and not five. Option D is wrong on both counts, since neither a four-year term nor a combination of four years with sixty-two years appears anywhere in Article 316.
The functions of the State Public Service Commission of Uttar Pradesh can be extended by:
- A.Prime Minister
- B.Union Ministry of Personnel, Public Grievances and Pensions
- C.The President
- D.Uttar Pradesh State Legislature
Show answer
Correct answer: D. Uttar Pradesh State Legislature
Explanation
The correct answer is D, the Uttar Pradesh State Legislature. Article 321 allows additional functions to be conferred on a Public Service Commission, and it names two different authorities for the two kinds of Commission: Parliament may extend the functions of the Union Public Service Commission, while the legislature of a state may extend the functions of that state's Public Service Commission. The functions of the Uttar Pradesh Public Service Commission are therefore extended by an Act of the Uttar Pradesh legislature. Option A is wrong because the Prime Minister has no such power under the Constitution. Option B is wrong because a Union ministry cannot legislate for a state Commission. Option C is wrong because the President appoints, removes and frames conditions of service, but extending functions is a legislative act under Article 321.
A member of State Public Service Commission may be removed by:
- A.The Governor on the basis of impeachment in Vidhan Sabha
- B.The Governor, after the enquiry conducted by the Supreme Court
- C.The President, after the enquiry conducted by the Supreme Court
- D.The Governor, after the enquiry conducted by the High Court
Show answer
Correct answer: C. The President, after the enquiry conducted by the Supreme Court
Explanation
The correct answer is C, the President, after an enquiry conducted by the Supreme Court. Article 317(1) provides that the chairman or any other member of a Public Service Commission, whether of the Union or of a state, shall be removed from office only by order of the President on the ground of misbehaviour, and only after the Supreme Court has held an inquiry on a reference made by the President and reported that he ought to be removed. Options A, B and D all put the power in the Governor's hands, which is the standard trap: the Governor appoints a member of a State Commission and may suspend him while the inquiry is pending, but he cannot remove him. There is no impeachment by the Vidhan Sabha for this office, so A is doubly wrong, and D wrongly substitutes the High Court for the Supreme Court.
Which Article of the Constitution of India provides for Public Service Commissions for the Union and for the States?
- A.Article 312
- B.Article 315
- C.Article 320
- D.Article 324
Show answer
Correct answer: B. Article 315
Explanation
The correct answer is B, Article 315. It is the opening article of the group on Public Service Commissions and says that there shall be a Public Service Commission for the Union and a Public Service Commission for each state, with the further provision that two or more states may have a Joint Commission created by Parliament on their request. Option A, Article 312, deals with the creation of All India Services by Parliament on a resolution of the Rajya Sabha, which is a different matter altogether. Option C, Article 320, lists the functions of the Commissions, such as conducting examinations and being consulted on recruitment and disciplinary matters, but it does not constitute them. Option D, Article 324, sets up the Election Commission of India and has nothing to do with the Public Service Commissions.