Previous Year Question
The UPSC derives its functions from which of the following sources?
The Constitution
Parliamentary Laws
Executive Rules and Orders
Conventions
Select the correct answer from the codes given below:
1 and 2
1 and 3
Only 1
1, 2, 3 and 4
Correct Answer: D
Detailed Solution
The Union Public Service Commission is a constitutional body. Provisions relating to Public Service Commissions are contained in Articles 315 to 323 in Part XIV of the Constitution. In particular, Article 320 provides the basis for the principal functions of the UPSC.
Its constitutional functions include conducting examinations for appointments to Union services, involvement in direct recruitment, promotion/deputation/absorption, consultation on Recruitment Rules and advice in various disciplinary matters.
Parliamentary laws are also a source of its functions. Article 321 empowers Parliament by law to confer additional functions on the UPSC in relation to services of the Union or of a local authority, corporate body or public institution. Therefore, the functions of the Commission are not confined only to the basic list contained in Article 320.
Executive Rules and Orders also influence its practical functional sphere. For example, under Article 320, regulations may determine matters in which consultation with the Commission is required or exempted. Recruitment Rules also play an important role in determining the Commission's involvement in a particular service or post.
Conventions are treated as the fourth source in administrative practice. In this question, constitutional provisions, parliamentary law, executive rules/orders and established administrative conventions are all included among the sources from which the UPSC derives its functions.
A useful sequence to remember is—Article 315 = establishment, 316 = appointment and tenure, 317 = removal/suspension, 318 = regulations relating to service conditions, 320 = functions, 321 = extension of functions, 322 = expenses and 323 = reports.