With reference to the removal of a member of union Public Service Commission, Which of the following statements is/are correct?

1. A member of union Public Service Commission may be removed from his office by the order of President on the ground of misbehavior.
2. Such removal of a member of union public service commission requires a reference to be made by the president to 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 2023

Explanation

• Statement 1 is correct as Article 317(1) of the Constitution specifies that the President of India can remove a UPSC member from office on the ground of misbehavior.
• Statement 2 is also correct because the same article makes it mandatory for the President to refer the case to the Supreme Court for an inquiry before such a removal.
• The process is sequential: the President refers the matter, the Supreme Court conducts an inquiry, and based on its binding report, the President issues the final order. Therefore, both statements are integral to the complete procedure.

Why Other Options Were Wrong

• Option A: This option is incomplete. While the President does issue the removal order (Statement 1), it cannot be done without the mandatory Supreme Court inquiry as described in Statement 2.
• Option B: This option is also incomplete. The Supreme Court's inquiry and report (Statement 2) are a crucial part of the process, but the final executive action of removal is taken by the President, as mentioned in Statement 1.
• Option D: This is incorrect because both statements are factually and constitutionally accurate descriptions of the removal process for a UPSC member on the grounds 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 Constitutional procedure for the removal of a member of the Union Public Service Commission (UPSC) as background academic context rather than a clinical decision trigger.
• This procedure ensures the independence and security of tenure for UPSC members, protecting them from arbitrary or politically motivated removal by the executive.
• It is a classic example of the principle of 'checks and balances' in the Indian Constitution, where the executive's power is checked by the judiciary to prevent misuse.
• This process safeguards the impartiality of the UPSC, which is crucial for its function of conducting fair and merit-based recruitment for the civil services.

How to Approach the Question

• First, carefully read both statements and identify the key elements: the authority (President), the ground (misbehavior), and the procedure (Supreme Court inquiry).
• Recall the constitutional provisions related to the independence and removal of members of key constitutional bodies like the UPSC.
• Analyze the relationship between the two statements. Notice that Statement 2 describes the mandatory procedure that must be followed for the action mentioned in Statement 1 to be valid.
• Recognize that they are not mutually exclusive but are two essential parts of a single, legally defined process.
• Conclude that since both steps are required by the Constitution, both statements are correct.
• Select the option that reflects that both statements are correct.

Concept Tested & Keywords

• Concept Tested: Constitutional procedure for the removal of a member of the Union Public Service Commission (UPSC).
• Stem keywords: removal, member, union Public Service Commission, UPSC
• Lead-in keywords: is/are correct

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