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Removal of Chairman or Any Member of UPSC

7/7/2019

 
The President can remove the chairman or any other member of UPSC from the office under the following circumstances:
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  1. If he is adjudged an insolvent (that is, has gone bankrupt);
  2. If he engages, during his term of office, in any paid employment outside the duties of his office; or
  3. If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.
   In addition to these, the president can also remove the chairman or any other member of UPSC for misbehaviour. However, in this case, 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 so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advise 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.

     Defining the term ‘misbehaviour’ in this context, the Constitution states that the chairman or any other member of the UPSC is deemed to be guilty of misbehaviour if he (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 therefrom otherwise than as a member and in common with other members of an incorporated company.


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