Resignation:
A member of a Commission may resign his office
by a writing addressed to:
The President in the case of UPSC or a Joint
Commission
The Governor in the case of a State Commission
Removal:
The President may remove him on the ground
of misbehavior. The Supreme Court alone may
inquire about misbehavior on a reference made by
the President. It is to be noted that a member of
State Commission may be removed only by the
President (and not by the Governor). Once the
Supreme Court has reported that the member was
guilty of misbehavior, the President has no choice
but to remove the member.
In some cases the President may remove a
member without making a reference to the Supreme
Court. These are:
- The member is adjudged an insolvent,
- The member engages in some other employment
while in office,
- The member is unfit to continue in office by
reason of infirmity of mind or body.
Whether the infirmity incapacitates the member
from discharging his duties is for the President to
determine. Blindness may not cause such infirmity
in all cases.
Independence of UPSC and PSC members:
The Constitution seeks to maintain the
independence of members through the following
provisions:
The Chairman and members do not hold office
during pleasure. They hold it for a fixed term.
A member may be removed only by the
President and that too on the grounds and in
the manner provided in the Constitution.
The conditions of service of a member shall not
be varied to his disadvantage after his
appointment.
The expenses of the Commission are charged
on the Consolidated Fund of India or of the
State.
A member on the expiration of his term is
ineligible for reappointment.
A member is prohibited from taking
employment under the government after
ceasing to be a member.
Prohibitions in regard to holding of offices
after ceasing to be a member:
The Chairman of UPSC shall be ineligible for
further employment under the Government of
India or of any states.
The Chairman of a State Commission shall be
eligible for appointment as the Chairman or a
member of the UPSC or as the Chairman of
any other SPSC. Other than these posts, he is
not eligible for any other employment under
Union of the State government.
A member of the UPSC is eligible for
appointment as Chairman of the UPSC or
Chairman of any State Commission. But he
cannot take up any other employment under
the government of India or of any state.
