Question

Consider the following statements about the role of the Governor concerning the SPSC:

1. The Governor can appoint one of the members as an acting chairman if the chairman's office is vacant.

2. The Governor presents the annual report of the SPSC, along with a memorandum of non-acceptance of advice, before both Houses of Parliament.

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 Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body established under Part XIV of the Indian Constitution, specifically from Article 315 to 323.

• It plays a crucial role in recruiting and appointing personnel for state services.

Governor's Powers Regarding SPSC:

• Appointment of Members: The Governor of the state appoints the Chairman and other members of the SPSC. This is provisioned under Article 316(1).

• Appointment of Acting Chairman: As per Article 316(1A), if the office of the Chairman of an SPSC becomes vacant, or if the Chairman is unable to perform his duties due to absence or any other reason, the Governor may appoint one of the other members of the Commission to act as Chairman. This acting chairman performs the duties until a new chairman is appointed or the original chairman resumes his duties.

• Conditions of Service: The Governor determines the conditions of service of the Chairman and members of the SPSC, although these cannot be varied to their disadvantage after appointment (Article 318).

Key Distinction: Removal of SPSC Members:

• While the Governor appoints the Chairman and members of an SPSC, they can only be removed by the President of India, not the Governor. This is a critical point ensuring the independence of the commission and its members.

• The grounds for removal are similar to those for UPSC members: proved misbehaviour or incapacity, insolvency, engaging in paid employment outside duties, or infirmity of mind or body (Article 317).

Annual Report of SPSC:

• The SPSC presents an annual report of its performance to the Governor of the state (Article 323).

• The Governor then lays this report before the State Legislature (both Houses, if bicameral).

• A memorandum explaining the reasons for any non-acceptance of the Commission’s advice must also be laid before the State Legislature by the Governor.

• It is important to note that the report is presented to the State Legislature, not the Parliament. The Parliament receives the report of the Union Public Service Commission (UPSC) from the President.

Term of Office:

• The Chairman and members of an SPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier (Article 316(2)).