Question

Consider the following statements:

(1) The Chairman of the SPSC is not eligible for any other employment under the Government of India or a state after their term.

(2) The SPSC’s annual report includes a memorandum explaining cases where its advice was not accepted.

Which of the above statements is/are correct?

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

Answer 1

Answer:

C. Both (1) and (2)

State Public Service Commission (SPSC)

• Statement 1: Post-Employment Restrictions for SPSC Chairman

  • The Chairman of a State Public Service Commission (SPSC) is debarred from any further employment under the Government of India or any other State Government after the completion of their term.

  • This provision aims to ensure impartiality and prevent potential conflicts of interest during their tenure.

  • This restriction is a significant aspect of safeguarding the independence of the SPSC.

• Statement 2: SPSC's Annual Report and Memorandum

  • The SPSC is mandated to present an annual report to the Governor of the state.

  • This report details the functions performed by the Commission during the preceding year.

  • Crucially, the report must also include a memorandum. This memorandum explains the cases where the advice tendered by the SPSC was not accepted by the government.

  • This transparency mechanism ensures accountability and highlights instances where the government deviates from the SPSC's recommendations.

• Constitutional Basis

  • The powers and functions of the SPSC are primarily governed by Article 320 of the Constitution of India.

  • Conditions of service for members and the chairman of the SPSC are determined by the Governor of the state, after consulting the Chairman of the UPSC and the SPSC itself, as per Article 318.

  • The reporting mechanism is also outlined in the Constitution, ensuring adherence to procedural norms.