Question

Consider the following matters. On which of these is the SPSC NOT consulted?

1. Principles to be followed in making promotions and transfers from one service to another.

2. Claims of scheduled castes and scheduled tribes in making appointments to services.

3. Claims for reimbursement of legal expenses incurred by a civil servant in defending official actions.

• A. 1 & 2
• B. 2 only
• C. 1 & 3
• D. 2 & 3

Answer 1

Answer:

B. 2 only

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body established under Article 315 of the Indian Constitution, mirroring the Union Public Service Commission (UPSC) at the state level.
• Its primary role is to conduct examinations for appointments to the state services and to advise the Governor on various service-related matters.

Matters on which SPSC Is Consulted (as per Article 320)

• The SPSC is consulted on the principles to be followed in making appointments to civil services and posts, and in making promotions and transfers from one service to another. This includes assessing the suitability of candidates for such actions.
• They advise on disciplinary matters affecting civil servants, including petitions or memorials related to such issues.
• Claims for reimbursement of legal expenses incurred by a civil servant in defending official actions are also referred to the SPSC for consultation.
• Any claim for the award of a pension in respect of injuries sustained by a civil servant while on duty, and questions regarding the amount of such awards, are also subject to SPSC consultation.
• It is the duty of the SPSC to advise on any matter specifically referred to them by the Governor.

Matters on which SPSC Is NOT Consulted

• The SPSC is not consulted on the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) in making appointments to services.
• The reservation policy for SCs and STs is a matter of government policy determined by constitutional provisions (e.g., Article 16(4), Article 335) and executive decisions, not a consultative domain for the SPSC.
• The SPSC's role concerning reservations is to implement the existing reservation policies during the recruitment process, not to advise on the principles or claims regarding these reservations themselves.
• Specific posts or services can be excluded from the purview of the SPSC by regulations made by the Governor. These regulations must be laid before the state legislature.

Key Facts for Competitive Exams

• Article 315: Establishes SPSCs.
• Article 316: Deals with the appointment and term of office of members. The Chairman and members are appointed by the Governor of the state.
• Removal of SPSC Members: Members of an SPSC can only be removed by the President of India (not the Governor) on grounds of misbehaviour, after an inquiry by the Supreme Court.
• Article 320: Outlines the functions of Public Service Commissions.
• Expenses: The expenses of the SPSC, including salaries, allowances, and pensions of its members and staff, are charged on the Consolidated Fund of the State, making them non-votable by the state legislature.
• Annual Report: The SPSC presents an annual report on its performance to the Governor, who then lays it before the state legislature.