UPPSC 2021 Prelims GS Paper-I · Question 132 of 150

Correct — D, the Uttar Pradesh State Legislature. Article 321 of the Constitution ('Power to extend functions of Public Service Commissions') provides that an Act made by Parliament OR by the Legislature of a State may confer additional functions on the Union Public Service Commission or the State Public Service Commission. For a State Commission such as the UP Public Service Commission, the competent law-making body is the State Legislature. So the functions of the UPPSC can be extended only by an Act of the Uttar Pradesh State Legislature.

• (a)Prime Minister — Extending a Public Service Commission's functions requires legislation under Article 321, not an executive decision. The Prime Minister heads the Union executive and has no such power over a State PSC.
• (b)Union Ministry of Personnel, Public Grievances and Pensions — This Ministry is the nodal department for the UPSC and central services; it is an executive body and cannot legislate additional functions for a State Commission, which lies in the State's domain.
• (c)The President — The President's role over PSCs is confined to removal of members (Article 317) and receiving the UPSC's report. Adding to a Commission's functions is done by an Act of the legislature under Article 321, not by presidential order.

Public Service Commissions are constitutional bodies under Part XIV. Article 315 establishes a Commission for the Union and one for each State; Article 316 lets the Governor appoint the Chairman and members of a State PSC; Article 317 allows removal only by the President after a Supreme Court inquiry; Article 320 lists their normal functions (conducting examinations, advising on recruitment, promotions and disciplinary matters). Article 321 is the enabling clause that lets a legislature add to those functions.

The trap is to reach for a high central authority (President or Prime Minister). The deciding word is 'extended': extension of functions is a legislative act under Article 321, and for a State Commission the relevant legislature is the State's own — hence the UP State Legislature, option (d).

• Article 321 — Parliament (for the UPSC/a Joint SPSC) or a State Legislature (for its State PSC) may extend a Commission's functions by law
• Article 316 — the Governor appoints the Chairman and members of a State PSC
• Article 317 — members of a State PSC can be removed only by the President, on the ground of misbehaviour, after a Supreme Court inquiry
• Article 320 — sets out the ordinary functions (examinations and advice on service matters)

• Choosing 'the President' — the President removes members but does not extend functions
• Assuming a central Ministry can add duties to a State Commission — that is the State Legislature's power

UPSC and UPPSC test PSCs by pinning down which authority does what — appoints (Governor), removes (President), or extends functions (the legislature under Article 321).

No directly related past PYQ was found.

• practice — not a real PYQ

  Under the Constitution, who removes a member of a State Public Service Commission?

  • (a)The Governor of the State
  • (b)The President of India
  • (c)The State Legislature
  • (d)The Chief Justice of the High Court

  Answer(b) The President — under Article 317, on the ground of misbehaviour after an inquiry by the Supreme Court.

• practice — not a real PYQ

  Additional functions may be conferred on the Union Public Service Commission by:

  • (a)the President by order
  • (b)an Act of Parliament
  • (c)the Union Cabinet
  • (d)the Supreme Court

  Answer(b) an Act of Parliament — under Article 321, mirroring how a State Legislature extends a State PSC.