Discussion
The Union Public Service Commission’s advice to the government is
Answer: C
Correct answer: Advisory only, and not binding
The UPSC’s advice is advisory only. The government may reject it, but if it does so it must record the reasons, and Article 323 requires those reasons to be laid before Parliament along with the Commission’s annual report - so the check is one of transparency and accountability rather than of law. The government must consult the Commission on matters of recruitment, promotion and transfer between services, disciplinary action, and claims for reimbursement of legal costs; failure to consult where consultation is required can render the action invalid. The Commission’s independence is protected in the manner usual for constitutional bodies: members are appointed by the President, hold office for six years or until 65, can be removed only on the ground of misbehaviour after an inquiry by the Supreme Court, and their conditions of service cannot be varied to their disadvantage. It is one of the constitutional bodies established under Article 315, alongside the State Public Service Commissions.
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