Question

Choose the correct statement(s) regarding the composition and qualifications of the SPSC.

1. The Constitution explicitly mandates that at least one-half of the SPSC members must have a minimum of ten years of judicial or legal experience.

2. The Governor determines the number of members of the SPSC at his discretion, as this is not specified in the Constitution.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

B. 2 only

State Public Service Commissions (SPSC)

• The State Public Service Commissions (SPSCs) are constitutional bodies established under Part XIV of the Indian Constitution (Articles 315 to 323). They play a crucial role in the recruitment of state civil services.

• They act as the 'watch-dogs of merit system' in the state, similar to the Union Public Service Commission (UPSC) at the central level.

Composition and Number of Members

• The Constitution does not specify the exact number of members of the SPSC. This power is left to the discretion of the Governor of the concerned state.

• Therefore, the Governor determines the number of members, including the Chairman, based on the requirements and workload of the Commission. This makes the second statement correct.

Qualifications of Members

• The Constitution does not prescribe specific qualifications for the members of the SPSC, except for one crucial provision.

• Article 316(1) states that as nearly as may be, one-half of the members of every Public Service Commission shall be persons who have held office for at least ten years either under the Government of India or under the Government of a State.

• This provision refers to prior experience in government service (central or state), not specifically judicial or legal experience. Hence, the first statement is incorrect as it misinterprets this constitutional mandate.

• There is no explicit constitutional mandate requiring at least half of the members to have judicial or legal experience.

Appointment and Term

• The Chairman and other members of an SPSC are appointed by the Governor of the state.

• They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

• A member can resign by addressing their resignation to the Governor.

Removal of Members

• Despite being appointed by the Governor, the Chairman and members of an SPSC can only be removed by the President of India, not the Governor. This is a key provision to ensure their independence.

• The President can remove them on grounds such as proved misbehaviour, insolvency, engaging in paid employment outside their office, or being unfit to continue due to infirmity of mind or body.

• In cases of misbehaviour, the matter is referred to the Supreme Court for an inquiry. If the Supreme Court recommends removal, the President is bound by that recommendation.

Independence of the Commission

• The Constitution ensures the independence of SPSCs through various provisions:

  • The Chairman and members are appointed by the Governor but can only be removed by the President.

  • The conditions of service of the Chairman and members are determined by the Governor but cannot be varied to their disadvantage after their appointment.

  • The expenses of the SPSC, including the salaries and allowances of members, are charged on the Consolidated Fund of the State and are not subject to the vote of the state legislature.