Which of the following statements about the Union Public Service Commission…
2013
Which of the following statements about the Union Public Service Commission are correct ?
1. UPSC is a Constitutional body.
2. It serves as an advisory body.
3. It is called upon to advise the Government in regard to representation of the Scheduled Castes and Scheduled Tribes in the Civil Service.
4. It is consulted on appointments of Chairman and members of Tribunals and Commissions.
Select the correct answer from the code given below :
Codes :
Answer: D. 1 and 2 — ConceptA constitutional body is created directly by the Constitution, while an advisory body gives recommendations that do not become binding decisions merely…
- A.
1, 2 and 3
- B.
1, 2 and 4
- C.
1, 3 and 4
- D.
1 and 2
Show answer & explanation
Correct answer: D
Concept
A constitutional body is created directly by the Constitution, while an advisory body gives recommendations that do not become binding decisions merely because they were given.
For a Public Service Commission, the Constitution separately identifies the matters on which consultation is required; its opinion is advisory rather than binding.
Application
Statement 1 follows from Part XIV, Chapter II of the Constitution, which establishes Public Service Commissions and defines their composition and functions.
Statement 2 follows from Article 320: the Commission is consulted on recruitment, appointments, promotions, transfers, disciplinary matters, and other matters referred to it, so its role on these matters is advisory.
Statement 3 is not a UPSC duty. Article 320(4) expressly says consultation is not required on how reservation under Article 16(4) is provided or how Article 335 is implemented.
Statement 4 is not one of the Commission's ordinary Article 320 functions. General appointments of chairpersons and members of tribunals and commissions are outside the listed civil-service consultation matters.
Cross-check
UPSC's official functions list examinations, direct recruitment, promotion or deputation or absorption, recruitment rules, disciplinary cases, and matters referred by the President. The two specific duties claimed in statements 3 and 4 do not appear in that list.
Contrast
The set “1, 2 and 3” includes statement 3, although Article 320(4) removes the reservation-related consultation described there.
The set “1, 2 and 4” includes statement 4, which is not part of the Commission's ordinary Article 320 consultation functions.
The set “1, 3 and 4” omits the advisory character in statement 2 and includes both unsupported duties.
The set “1 and 2” retains the constitutional-body and advisory-body descriptions without adding the two unsupported duties.
Therefore, statements 1 and 2 alone are correct.