What are limitations on UPSC?

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

1) UPSC is not consulted for making reservations of post in favor of backward classes.
2) The President can exclude posts, services and matters from the purview of the UPSC.

- Published on 14 Mar 17

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

ANSWER: Both 1 and 2
 
  • Some matters are kept outside the functional jurisdiction of the UPSC.

  • Thus, UPSC is not consulted on those matters.

  • They are -

    (a) While making reservations of appointments or posts in favor of any backward class of citizens.

    (b) While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts.

    (c) With regard to the selections for chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of group C and group D services.

    (d) With regard to the selection for temporary or officiating appointment to a post if the person appointed is not likely to hold the post for more than a year.

  • The President can exclude posts, services and matters from the purview of the UPSC.

  • The Constitution states that the President, in respect to the all-India services and central services and posts may make regulations specifying the matters in which, it shall not be necessary for UPSC to be consulted.

  • But all such regulations made by the President shall be laid before each House of Parliament for at least 14 days.

  • The Parliament can amend or repeal them.

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