With reference to the removal of a member of the Union Public Service Commission, which of the following statements is/are correct? 1. A member of the Union Public Service Commission may be removed from his office by the order of the President on the ground of misbehavior. 2. Such removal of a member of the Union Public Service Commission requires a reference to be made by the President to the Supreme Court for inquiry in accordance with the prescribed procedure and receipt of its report on such reference. Select the correct answer using the code given below.

1. A

   Only 1

2. B

   Only 2

3. C

   Both 1 and 2

4. D

   Neither 1 nor 2

Appeared in: UPPSC-2021

Explanation

• Statement 1 is correct as Article 317(1) of the Constitution of India explicitly states that the President can remove the Chairman or a member of the UPSC on the ground of misbehavior.
• Statement 2 is also correct because the same article mandates that for a removal on the ground of misbehavior, the President must make a reference to the Supreme Court.
• The Supreme Court then conducts an inquiry into the matter. The President can only issue the removal order after the Supreme Court has submitted its report and recommended the removal.
• This process ensures that the removal is not arbitrary and is based on a proper judicial inquiry, thus safeguarding the independence of the UPSC.

Why Other Options Were Wrong

• Option A: This option is incomplete. While Statement 1 is correct, it does not capture the full constitutional procedure. Statement 2, which describes the mandatory Supreme Court inquiry, is also correct and essential to the process.
• Option B: This option is incomplete. While Statement 2 correctly describes the procedural requirement of a Supreme Court inquiry, Statement 1 is also necessary as it establishes the President's authority and the specific ground (misbehavior) for initiating this process.
• Option D: This option is incorrect because both Statement 1 and Statement 2 accurately reflect the provisions laid out in Article 317 of the Constitution for the removal of a UPSC member on the ground of misbehavior.

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Clinical Relevance

• Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Procedure for the removal of a member of the Union Public Service Commission (UPSC) as background academic context rather than a clinical decision trigger.
• The specific procedure for removal ensures the independence and security of tenure for UPSC members, allowing them to perform their duties impartially without fear of arbitrary dismissal by the executive.
• The involvement of the Supreme Court acts as a judicial check on the executive's power, upholding the principles of natural justice and preventing politically motivated removals.
• What if? If a UPSC member were declared bankrupt (adjudged an insolvent), the President could remove them directly without any reference to the Supreme Court. This is because Article 317(3) lists specific conditions for direct removal that do not require a judicial inquiry.

How to Approach the Question

• Step 1: Read the question carefully to identify the core subject, which is the removal of a UPSC member.
• Step 2: Analyze Statement 1. Recall the constitutional provisions regarding the removal of members of constitutional bodies. The President is generally the removing authority for high-level appointments. The ground of 'misbehavior' is a standard provision. This statement is likely correct.
• Step 3: Analyze Statement 2. This statement details the process for removal on the ground mentioned in Statement 1. Consider if there are safeguards. For high constitutional posts, a judicial inquiry (usually by the Supreme Court) is a common safeguard to prevent arbitrary removal. This statement is also likely correct.
• Step 4: Synthesize the information. Both statements describe different but connected parts of the same constitutional process. Statement 1 states the 'what' and 'who', while Statement 2 describes the 'how'. Since both appear correct and complementary, the option 'Both 1 and 2' is the most logical answer.

Concept Tested & Keywords

• Concept Tested: Procedure for the removal of a member of the Union Public Service Commission (UPSC).
• Stem keywords: Union Public Service Commission, UPSC, removal of a member, President, Supreme Court, misbehavior, inquiry
• Lead-in keywords: which of the following statements is/are correct
• Negative lead-in flag: false

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QC4RWwRqi7Vs3cMBHnAGPe

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