Question

Consider the following statements:
i. The expenses of the State PSC are charged on the Consolidated Fund of the State.
ii. The Governor can suspend a member of the SPSC during an enquiry for misbehaviour.
iii. The advice of the Supreme Court in a misbehaviour enquiry against an SPSC member is binding on the President.
iv. The State PSC is a constitutional body, unlike the Joint State PSC, which is a statutory body.

Select the true answer from the codes given below:

• A. All the above
• B. Only i, ii, and iii
• C. Only i, iii, and iv
• D. Only ii and iv

Answer 1

Answer:

A. All the above

Public Service Commissions in India

• The Constitution of India provides for the establishment of Public Service Commissions to ensure the recruitment of qualified individuals to civil services and posts in a fair and impartial manner.

• These bodies act as watch-dogs of the merit system in India, ensuring independence and impartiality in recruitment processes.

Key Aspects of State Public Service Commissions (SPSCs)

• Constitutional Status: The State Public Service Commission (SPSC) is a constitutional body, established directly by the provisions of the Indian Constitution, specifically under Part XIV (Articles 315 to 323). This grants them significant autonomy and protection.

• Financial Independence: The expenses of the State Public Service Commission, including the salaries, allowances, and pensions of its members and staff, are charged on the Consolidated Fund of the State (Article 322). This means they are not subject to the vote of the State Legislature, thereby ensuring their financial independence from the executive.

• Appointment and Removal of Members:

  • The Chairman and members of an SPSC are appointed by the Governor of the respective state.

  • However, they can only be removed by the President of India, not by the Governor. The grounds for removal are specific, primarily misbehaviour, insolvency, engaging in paid employment outside duties, or infirmity of mind/body.

• Suspension Power: While the President removes a member, the Governor has the power to suspend a member of the SPSC during the pendency of an inquiry by the Supreme Court into allegations of misbehaviour (Article 317(2)). This interim power is crucial for maintaining the integrity of the commission during an investigation.

• Role of the Supreme Court in Removal: If an inquiry into misbehaviour is initiated against an SPSC member, the matter is referred to the Supreme Court by the President. The advice of the Supreme Court in such an inquiry is binding on the President (Article 317(1)). This ensures a thorough and impartial judicial review before removal.

Joint State Public Service Commission (JSPSC)

• Statutory Body: Unlike the SPSC, a Joint State Public Service Commission (JSPSC) is a statutory body. It is created by an Act of Parliament at the request of the State Legislatures concerned (Article 315(2)). It is not directly established by the Constitution.

• Purpose: A JSPSC serves the needs of two or more states.

• Appointment and Removal: The Chairman and members of a JSPSC are appointed by the President, and they can also be removed by the President.