Question

Assertion (A): The advice of the Supreme Court in the matter of removal of an SPSC member is binding on the President.
Reason (R): This procedure is designed to uphold the independence and security of tenure of the members of the Commission.

• A. Both (A) and (R) are true, and (R) is the correct explanation of (A).
• B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
• C. (A) is true, but (R) is false.
• D. (A) is false, but (R) is true.

Answer 1

Answer:

A. Both (A) and (R) are true, and (R) is the correct explanation of (A).

Removal of State Public Service Commission (SPSC) Members

• The President of India is responsible for the removal of a member of a State Public Service Commission (SPSC) or the Union Public Service Commission (UPSC).

• This power of removal is exercised under Article 317 of the Indian Constitution.

• The President can remove a member on specific grounds, most notably misbehaviour.

• Before removing a member on the ground of misbehaviour, the President must refer the matter to the Supreme Court for inquiry.

• The Supreme Court conducts a detailed inquiry into the allegations.

• If the Supreme Court, after inquiry, reports that the member ought to be removed, then the President is bound by this advice. This makes the Supreme Court's report mandatory and final for the President's decision on removal.

Upholding Independence and Security of Tenure

• The primary purpose of this elaborate and rigorous removal procedure, involving the Supreme Court, is to safeguard the independence and impartiality of the Public Service Commissions.

• It ensures that members are not easily removed by the executive (President or Governor) for arbitrary reasons or political considerations.

• By making the Supreme Court's advice binding, it provides security of tenure to the members, allowing them to discharge their duties without fear or favour.

• This mechanism prevents political interference in the functioning of these vital constitutional bodies responsible for recruitment to public services.

Key Facts for Competitive Exams

• While SPSC members are appointed by the Governor of the respective state, their removal rests solely with the President. This distinction is crucial for maintaining independence from state politics.

• Other grounds for removal by the President (without Supreme Court reference) include:

  • If the member is adjudged an insolvent.

  • If the member engages during his term of office in any paid employment outside the duties of his office.

  • If the member is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

• The Governor can suspend a member of the SPSC in case of misbehaviour, pending the inquiry by the Supreme Court.