Question

Consider the following statements comparing the SPSC and a Joint State Public Service Commission (JSPSC):

1. A JSPSC is a statutory body created by an act of Parliament, while an SPSC is a constitutional body.

2. The members of both SPSC and JSPSC hold office for a term of six years or until they attain the age of 65 years.

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

Public Service Commissions in India

• Public Service Commissions in India are established to ensure fair and merit-based recruitment to civil services, playing a vital role in maintaining the integrity of the administration.

• They act as independent bodies, free from political influence, to select competent individuals for various government positions.

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body.

• Its establishment and functions are directly provided for in the Indian Constitution under Part XIV, specifically from Article 315 to Article 323.

• Each state in India has its own SPSC responsible for conducting examinations for appointments to the state services.

Joint State Public Service Commission (JSPSC)

• A Joint State Public Service Commission (JSPSC) is a statutory body, meaning it is created by a law passed by the Parliament, not by the Constitution itself.

• It can be constituted for two or more states if the legislatures of those states pass resolutions to that effect, and subsequently, the Parliament enacts a law for its creation.

• For example, the JSPSC for Assam and Manipur was established by an Act of Parliament.

Key Differences in Nature and Tenure

• Constitutional vs. Statutory Body:

  • SPSC is a constitutional body, directly mandated by the Constitution.

  • JSPSC is a statutory body, created by an Act of Parliament. This is a crucial distinction for competitive exams.

• Tenure and Age Limit:

  • The Chairman and members of both SPSC and JSPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. This is stipulated by Article 316(2) of the Constitution for SPSCs, and similar provisions apply to JSPSCs through parliamentary legislation.

  • For contrast, members of the Union Public Service Commission (UPSC) hold office for six years or until they attain the age of 65 years, whichever is earlier. This difference in age limit between state and union commissions is a frequently tested fact.

Appointment and Removal of Members

• For SPSC: The Chairman and members are appointed by the Governor of the respective state. They can only be removed by the President of India, not the Governor, under specific grounds like proven misbehaviour or incapacity, after an inquiry by the Supreme Court.

• For JSPSC: The Chairman and members are appointed by the President of India. They can also be removed only by the President of India under the same conditions as SPSC members.