Question

Consider the following statements regarding the appointment and composition of an SPSC:

1. The Constitution of India specifies that a State Public Service Commission must have a Chairman and ten other members.

2. The Governor is authorised to determine the number of members of the Commission and their conditions of service.

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:

B. 2 only

Understanding State Public Service Commissions (SPSCs)

• SPSCs are constitutional bodies established under Part XIV of the Indian Constitution, specifically from Article 315 to Article 323.
• Their primary role is to conduct examinations for appointments to the services of the State and advise the Governor on matters relating to recruitment, transfers, and disciplinary actions.

Composition and Appointment

• The Chairman and other members of a State Public Service Commission are appointed by the Governor of the state.
• Statement 1 is incorrect because the Constitution does not specify the exact number of members (including the Chairman) for an SPSC. It has deliberately left this aspect flexible.
• Statement 2 is correct as Article 318 of the Constitution explicitly empowers the Governor to determine:
  • The number of members of the Commission.
  • Their conditions of service.
• It is also stipulated that, as nearly as may be, one-half of the members of an SPSC must be persons who have held office for at least ten years either under the Government of India or under the Government of a State.

Term of Office and Removal

• 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. For the Union Public Service Commission (UPSC), the age limit is 65 years.
• Although appointed by the Governor, the Chairman and members of an SPSC can only be removed by the President of India. The Governor has no power to remove them.
• The grounds for removal are the same as those for the Chairman or a member of the UPSC: proven misbehaviour, insolvency, engaging in paid employment outside the duties of his office, or infirmity of mind or body.
• In cases of misbehaviour, the President refers the matter to the Supreme Court for an inquiry. If the Supreme Court, after inquiry, advises removal, the President must act on that advice.
• During the inquiry by the Supreme Court, the Governor can suspend the Chairman or any other member of the SPSC.

Independence and Joint SPSC

• The independence of SPSCs is ensured through various provisions, such as security of tenure, conditions of service not being varied to their disadvantage after appointment, and expenses being charged on the Consolidated Fund of the State.
• The Constitution also provides for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states.
• A JSPSC is created by an Act of Parliament on the request of the concerned state legislatures.
• The Chairman and members of a JSPSC are appointed by the President of India. Their term of office is 6 years or 62 years, whichever is earlier, and they can also be removed only by the President.