[FOCUS MAINS] HOW IS UPSC MEMBER REMOVED? PROCEDURE - TopicsExpress

[FOCUS MAINS] HOW IS UPSC MEMBER REMOVED? PROCEDURE EXPLAINED While preparing for UPSC Mains exam, you should be prepared to face questions based on recent developments. Although the question could be asked from a conventional topic like Economy, Polity or Geography, it can have relevance to recent instances. Take for example the reported move to remove an ex-CBI chief from UPSC members panel due to the members link with a person facing serious charges of economic fraud. The charge against the UPSC member is his conduct was “wholly unbecoming of the office he held”. procedure and Grounds for Removal of a UPSC Member The grounds as well as procedure for removal of a UPSC member are given in Article 317 of the Indian Constitution. A member or Chairman of UPSC can be removed by the President of India on any of the following grounds. If the member or Chairman: 1. is adjudged an insolvent (unable to pay one’s debt) 2. engages in paid employment during his tenure outside the duties of his office 3. is infirm of body or mind 4. participates in any office of profit, becomes concerned in any agreement or contract made by or on behalf of the government or benefits from emoluments or profit arising from an incorporated company 5. A member or Chairman of UPSC can be removed on ground of misbehavior (discussed above), which is proved in an inquiry conducted by the Supreme Court after a reference is made by the President to the Supreme Court to conduct such an inquiry The Chairman or UPSC member can also be placed under suspension by the President until report of Supreme Court into inquiry of alleged misbehavior is pending. Points to Remember 1. UPSC Chairman or Member can only be removed by the President 2. The grounds as well as procedure is listed in Article 317 3. Voting in Parliament is NOT required for removal Expected Questions in IAS Mains Explain the procedure to remove a member of UPSC. What are the grounds for removal? Can a member of UPSC be removed before expiry of tenure? If so, how?

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