Question

Consider the following statements about the financial provisions for the SPSC.

1. The expenses of the SPSC, including salaries of its members, are charged on the Consolidated Fund of the State.

2. The conditions of service of an SPSC member can be varied to their disadvantage after appointment if the state faces a financial emergency.

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

Answer 1

Answer:

A. 1 only

Financial Provisions for State Public Service Commissions (SPSC)

• The expenses of the SPSC, including the salaries, allowances, and pensions payable to the members and staff of the Commission, are charged upon the Consolidated Fund of the State. This provision is stipulated in Article 322 of the Indian Constitution.
• Being 'charged' on the Consolidated Fund means that these expenditures are non-votable by the state legislature, although they can be discussed. This mechanism is crucial for ensuring the financial independence and autonomy of the SPSC.
• The conditions of service of a member of a Public Service Commission (including SPSC) cannot be varied to their disadvantage after their appointment. This is a vital safeguard designed to protect the independence and impartiality of the commission members.
• This protection applies even during a financial emergency declared under Article 360. While a financial emergency can lead to a reduction in the salaries of most government officials, it generally does not affect the salaries and allowances of constitutional functionaries like Supreme Court and High Court judges, UPSC, and SPSC members, ensuring their continued independence.

Key Facts about State Public Service Commissions (SPSC) for Competitive Exams:

• Constitutional Status: SPSCs are independent constitutional bodies established under Part XIV of the Indian Constitution (Articles 315 to 323).
• Appointment and Removal: While the members and chairman of an SPSC are appointed by the Governor of the respective state, they can only be removed by the President of India under specific circumstances (e.g., misbehaviour, insolvency). This dual authority ensures their independence from state executive influence.
• Term of Office: A member of an SPSC holds office for a term of six years or until they attain the age of 62 years, whichever is earlier. This differs from the Union Public Service Commission (UPSC), where the age limit is 65 years.
• Re-appointment Restrictions: A member of an SPSC (other than the Chairman) is eligible for appointment as the Chairman of that SPSC or any other SPSC, or as a Chairman or member of the UPSC. However, they are not eligible for any further employment under the Government of India or the Government of a State after ceasing to hold office.
• Role: SPSCs primarily conduct examinations for appointments to state services and advise the state government on all matters relating to methods of recruitment, disciplinary matters affecting persons serving under the state government, and claims for reimbursement of legal expenses incurred by a civil servant. Their role is largely advisory.
• Annual Report: The SPSC presents an annual report on its performance to the Governor, who then lays it before the state legislature, along with a memorandum explaining the reasons for any non-acceptance of the Commission's advice.