UKPSC Prelims 2024 General Studies Paper-I · Question 43 of 147

Correct — B, The President.

Article 317 of the Constitution places the power to remove the Chairman or any member of the Union Public Service Commission in the hands of The President. The removal order is the President's, and the same article governs State and Joint Commissions too.

For misbehaviour, the President must first refer the matter to the Supreme Court, which holds an inquiry under Article 145. If the Court reports that the person ought to be removed, the President removes him; the Court's report binds the President.

Three grounds need no inquiry: being adjudged an insolvent, taking paid employment outside the duties of the office, or being unfit through infirmity of mind or body. Here the President removes by a direct order.

The idea to carry away: the UPSC has no parliamentary removal route - neither an address of both Houses nor impeachment - only the President, checked by the Supreme Court on the misbehaviour ground.

• (a)
  The Prime Minister — Article 317 names the President, not the Prime Minister, as the authority who orders removal. The Prime Minister's lever is advice: as head of the Council of Ministers he can advise the President, but no order in the Prime Minister's own name removes a constitutional office-holder.

  The Prime Minister is the right answer where the stem asks on whose advice a Union Minister is dropped from the Council: ministers hold office during the pleasure of the President under Article 75(2), and that pleasure is exercised on the Prime Minister's advice.

• (c)
  Impeachment — Impeachment is the Constitution's word for removing the President of India under Article 61: a charge preferred by one House, investigated by the other, each acting by two-thirds of its total membership. The UPSC Chairman faces no such parliamentary process; Parliament plays no role in his removal.

  Judges of the Supreme Court and High Courts, the Comptroller and Auditor-General and the Chief Election Commissioner are removed by the President after an address of both Houses on proved misbehaviour or incapacity. That route is loosely called impeachment in everyday speech, and it too is closed to the UPSC.

• (d)
  Council of Ministers — The Council of Ministers acts through the President under Article 74: it aids and advises, and the removal order carries the President's authority, not the Council's. On the misbehaviour ground the decisive voice is not ministerial advice at all but the Supreme Court's report.

  The Council of Ministers is the right answer where the stem asks which body aids and advises the President (Article 74) or is collectively responsible to the House of the People (Article 75(3)).

A Public Service Commission is built to be insulated from the government it recruits for. Article 316 fixes who appoints its Chairman and members and for how long; Article 317 fixes who removes them, on which grounds, and with what safeguard.

Removal is by the President for the Union, State and Joint Commissions alike. Misbehaviour needs a prior Supreme Court inquiry whose report binds the President. Insolvency, paid outside employment and infirmity of mind or body permit removal by a direct presidential order.

• Article 316: the President appoints the Chairman and members of the UPSC and of a Joint Commission; the Governor appoints those of a State Commission.
• Article 316(2): a member holds office for six years or until age 65 for the UPSC, 62 for a State or Joint Commission, whichever is earlier.
• Article 317(1): removal for misbehaviour is by the President, after the Supreme Court, on a reference by the President, reports that the person ought to be removed.
• Article 317(2): pending the reference, the President may suspend a UPSC or Joint Commission member; the Governor may suspend a State Commission member.
• Article 317(3): the President may remove by order, without a reference, a member adjudged insolvent, engaged in paid employment outside the office, or unfit through infirmity of mind or body.
• Article 317(4): being concerned or interested in a contract with the Government of India or a State, or sharing in its profit, is deemed misbehaviour for this purpose.
• Article 317 applies the same removal machinery to the Chairman and to an ordinary member, and names the President as the removing authority for the Union and State Commissions alike.
• Article 319: a former Chairman of the UPSC is ineligible for further employment under the Government of India or of a State.
• Impeachment under Article 61 is the Constitution's process for removing the President of India; Parliament has no role in removing a UPSC member.

• Treating 'removed by the President' and 'removed by impeachment' as the same thing: impeachment is the process for removing the President himself under Article 61, and the UPSC has no parliamentary route.
• Reasoning that whoever appoints also removes: the Governor appoints a State Commission's Chairman under Article 316, but Article 317 lets the Governor only suspend; the removal order is the President's.
• Extending the Supreme Court inquiry to every ground: it is required for misbehaviour alone; insolvency, outside paid employment and infirmity are handled by direct presidential order.
• Choosing the Council of Ministers because the President acts on its advice under Article 74: the option asked for is the authority Article 317 names, and that is the President.

• practice - not a real PYQ

  The Chairman of a State Public Service Commission can be removed from office by:

  • (a)The Governor of the State
  • (b)The President of India
  • (c)The State Legislature, by a resolution
  • (d)The Chief Minister of the State
  Answerb - Article 317 gives the removal power for a State Commission to the President, exactly as for the UPSC; the Governor's role under Article 317(2) is limited to suspension pending the Supreme Court reference.

  (a) fails because the Governor appoints and may suspend but cannot remove. (c) fails because Article 317 provides no legislative resolution or address for a Public Service Commission. (d) fails because the Chief Minister's role is advisory through the Council of Ministers; the order is the President's.

• practice - not a real PYQ

  Under Article 317 of the Constitution, on which one of the following grounds can the President remove a member of the Union Public Service Commission only after an inquiry by the Supreme Court?

  • (a)Being adjudged an insolvent
  • (b)Engaging in paid employment outside the duties of the office
  • (c)Misbehaviour
  • (d)Infirmity of mind or body
  Answerc - Article 317(1) requires a reference to the Supreme Court, an inquiry under Article 145 and a report that the member ought to be removed before the President may remove for misbehaviour.

  (a), (b) and (d) are the three grounds in Article 317(3), on which the President removes by direct order, notwithstanding clause (1), with no reference to the Court.

• practice - not a real PYQ

  Consider the following statements: 1. The Governor may suspend the Chairman of a State Public Service Commission while a reference against him is pending before the Supreme Court. 2. The President may remove a member of the Union Public Service Commission who takes up paid employment outside the duties of his office without referring the matter to the Supreme Court. 3. The Chairman of the Union Public Service Commission can be removed by the President only after an address by both Houses of Parliament. Which of the statements given above is/are correct?

  • (a)1 and 2 only
  • (b)2 and 3 only
  • (c)1 and 3 only
  • (d)1, 2 and 3
  Answera - Statement 1 restates Article 317(2), which lets the Governor suspend a State Commission member while the President's reference is before the Supreme Court. Statement 2 restates Article 317(3)(b), a ground for direct removal without a reference.

  Statement 3 is false: an address by both Houses is the route for judges, the CAG and the Chief Election Commissioner, and Parliament plays no role in removing a UPSC member. So (b), (c) and (d), which each include statement 3, fail.

• practice - not a real PYQ

  Which one of the following office-holders is removed by the President on the report of the Supreme Court, with no role for Parliament?

  • (a)A Judge of a High Court
  • (b)The Comptroller and Auditor-General of India
  • (c)The Chief Election Commissioner
  • (d)A member of the Union Public Service Commission
  Answerd - Under Article 317(1) the President removes a UPSC member for misbehaviour on the Supreme Court's report after its inquiry; Parliament is not part of the process.

  (a) fails because a High Court judge is removed like a Supreme Court judge, on an address of both Houses (Articles 217 and 124(4)). (b) fails because Article 148 applies the same judge-style route to the CAG. (c) fails because Article 324(5) applies it to the Chief Election Commissioner.