Question

Consider the following statements about the functions of the SPSC:

1. The SPSC is consulted on the principles to be followed in making appointments, promotions, and transfers for civil services.

2. If the government fails to consult the SPSC in a required matter, its decision is automatically invalidated and the aggrieved servant has a remedy in court.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

A. 1 only

State Public Service Commissions (SPSCs)

• SPSCs are constitutional bodies established under Part XIV of the Indian Constitution, specifically covered by Articles 315 to 323. They are integral to maintaining a merit-based system for public service recruitment at the state level.

• The primary function of an SPSC is to conduct examinations for appointments to the services of the state and to advise the state government on various service-related matters.

Functions of SPSCs

• The SPSC is mandated to be consulted on all matters relating to the methods of recruitment to civil services and for civil posts in the state.

• It provides advice on the principles to be followed in making appointments, promotions, and transfers of civil servants within the state services. This includes assessing the suitability of candidates for such positions.

• SPSCs also advise on disciplinary matters affecting civil servants, including punishments, memorials, or petitions related to such issues.

• Furthermore, they are consulted on claims for costs incurred by civil servants in defending legal proceedings related to their official duties and claims for pension for injuries sustained while serving the state.

Consultative Role and Limitations

• It is crucial to understand that the advice tendered by the SPSC to the Governor or the state government is only consultative and not binding. The state government is not constitutionally obligated to accept the SPSC's recommendations.

• Consequently, if the state government fails to consult the SPSC in a matter where consultation is required, the decision taken by the government is not automatically invalidated.

• There is no provision in the Constitution that grants an aggrieved civil servant a remedy in court simply because the government did not consult the SPSC. The absence of consultation does not, by itself, render the government's action illegal or voidable in a court of law. The Supreme Court has consistently held that these provisions for consultation are directory, not mandatory.

Independence and Accountability of SPSCs

• Members of the SPSC are appointed by the Governor of the state but can only be removed by the President of India under specific conditions, similar to the removal of UPSC members. This mechanism ensures their independence from the state executive.

• The conditions of service of the Chairman and members of an SPSC are determined by the Governor, but once appointed, they cannot be varied to their disadvantage.

• The expenses of the SPSC, including salaries, allowances, and pensions, are charged on the Consolidated Fund of the State, meaning they are not subject to the vote of the state legislature, further reinforcing their autonomy.

• The SPSC submits an annual report on its performance to the Governor, who then presents it to the state legislature. This report must include a memorandum explaining the reasons if any of the Commission's advice was not accepted by the government.