Question

Consider the following statements : Which of the statements given above is/are correct?

1. (i) The Governor appoints the Chairman and members of the SPSC, but only the President can remove them.
2. (ii) The SPSC is not consulted on matters related to reservations for backward classes or claims of Scheduled Castes and Tribes.
3. (iii) The conditions of service of the SPSC Chairman and members can be varied to their disadvantage after appointment.
4. (iv) The SPSC’s recommendations are binding on the state government.

• A. 1, 2
• B. None of these
• C. 2 only
• D. All

Answer 1

Answer:

A. 1, 2

State Public Service Commission (SPSC)

• Appointment and Removal: The Governor of a state has the authority to appoint the Chairman and other members of the State Public Service Commission (SPSC). However, the removal of these individuals rests solely with the President of India, not the Governor. This provision ensures a degree of autonomy and impartiality for the SPSC.

• Consultation Areas: The SPSC is mandated to be consulted on a range of important matters concerning state recruitment. Crucially, it is NOT consulted on issues related to:

  • Reservations for backward classes.

  • Claims of Scheduled Castes (SC) and Scheduled Tribes (ST).

• Conditions of Service: Once appointed, the conditions of service of the Chairman and members of the SPSC, including their pay and other benefits, cannot be varied to their disadvantage. This protection is vital for safeguarding their independence from political interference.

• Binding Nature of Recommendations: The recommendations made by the SPSC are advisory in nature and are not binding on the state government. The government may choose to accept or reject these recommendations, although significant deviations usually require justification.

• Constitutional Basis: State Public Service Commissions are established under Part XIV of the Constitution of India, specifically under Article 315. They function similarly to the Union Public Service Commission (UPSC) at the state level.

• Autonomy and Independence: The constitutional provisions regarding appointment, removal, and conditions of service are designed to ensure the independence and impartiality of the SPSC in its role of selecting candidates for public services in the state.