What is a civil proceeding?
Article 133 of the Indian Constitution covers all civil proceedings. The term ‘civil proceeding’ includes all proceedings affecting civil rights which are not criminal. Proceedings under Article 226 are regarded as civil proceedings for purposes of Article 133. The Supreme Court has defined a ‘civil proceeding’ as one in which a person seeks to enforce by appropriate relief the alleged infringement of his civil rights against another person or the state, and which, if the claim is proved, would result in the declaration-express or implied of the right claimed, and the relief, such as, payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status, etc.
Discuss the functions of Union Public Service Commission.
It is the duty of the Union Public Service Commission to conduct examinations for appointment to the services of the Union [Article 320 (1)]. This does not mean that the examination should always be competitive and not selective. The object of holding the examination is to test the capacity of the candidates and just to have an idea whether a particular candidate is fit for the proposed appointment or not. In addition t o the results of the examination, other considerations may also be kept in view in making appointments, e.g., the viva voce test. The commission if requested for the purpose by two or more states has to assist those States in framing and operating schemes for joint recruitment for any services for which candidates possessing special qualifications are required [Article 320 (2)].
It is the duty of the commission to advise the President on any matter referred to it by him. However, the President is empowered to frame regulations specifying the matters in which either generally, or in any particular class of cases or circumstances, it is not necessary to consult the Commission [Proviso to Article 320(3)]. Such regulations are to be laid before each House of Parliament for not less than 14 days as soon as possible after they have been made.