How is Chairman/member of UPSC removed?

Q.  Which of the following is/are true regarding UPSC?

1) Advice of the Supreme Court regarding removal of Chairman or member of UPSC is not binding on the President.
2) In case of removal of UPSC member on grounds of misbehavior, an enquiry by Supreme Court is a must.

- Published on 14 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
    The President can remove the Chairman or any other member of UPSC from the office under the below mentioned circumstances -

    (a) if he is adjudged an insolvent (that is, has gone bankrupt); or

    (b) if he engages, during his term of office, in any paid employment outside the duties of his office; or

    (c) If he is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

  • Also, the President can remove the Chairman or any other member of UPSC for misbehavior.

  • But, in case of misbehavior, the President has to refer the matter to the Supreme Court for an enquiry.

  • If the Supreme Court, after the enquiry, upholds the cause of removal and advises the same, the President can remove the Chairman or a member.

  • Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the President.

  • During the course of enquiry by the Supreme Court, the president can suspend the Chairman or the member of UPSC.

  • The Constitution states that the Chairman or any other member of the UPSC is deemed to be guilty of misbehavior if he/she -

    (a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state; or

    (b) participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.

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