Question

Consider the following statements:

(1) The President can remove an SPSC member for misbehaviour after an enquiry by the Supreme Court.

(2) The SPSC’s recommendations are advisory and not binding on the state government.

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)

• Removal of Members: According to Article 317 of the Indian Constitution, the President can remove a member of a State Public Service Commission (SPSC) on the grounds of misbehaviour. However, this removal can only happen after an inquiry by the Supreme Court. The Supreme Court, after conducting the inquiry, will report its findings to the President. If the Supreme Court finds the member guilty of misbehaviour, the President may then proceed with the removal. This provision ensures a degree of independence and protection for SPSC members against arbitrary dismissal.

• Advisory Nature of Recommendations: The recommendations made by the SPSC, particularly concerning recruitment and service rules, are generally advisory in nature. This means that the state government is not legally bound to accept these recommendations. While the government usually respects the SPSC's advice, it retains the final authority in decision-making. This aspect is crucial for understanding the SPSC's role within the state administrative machinery.

• Constitutional Basis: The State Public Service Commissions are established under Part XIV of the Indian Constitution, specifically dealing with 'Services Under the Union and the States'. Article 315 to 323 of the Constitution lay down the composition, appointment, powers, and removal procedures for members of both UPSC and SPSC.

• Independence of SPSC: The constitutional provisions regarding the appointment, tenure, and removal of SPSC members are designed to safeguard their independence and impartiality in carrying out their duties, particularly in matters of recruitment to state civil services.