Question

Consider the following statements:

1. The power to extend the functions of an SPSC is vested in the Governor under Article 321.

2. Article 322 specifies that the expenses of the SPSC are charged on the Contingency Fund of the State.

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:

D. Neither 1 nor 2

State Public Service Commissions (SPSCs)

• SPSCs are Constitutional Bodies established under Part XIV of the Indian Constitution (Articles 315 to 323).
• They play a crucial role in the recruitment and disciplinary matters of state civil services, ensuring merit-based selection and upholding principles of fairness and impartiality.

Regarding Statement 1: Extension of Functions

• Statement 1 claims that the power to extend the functions of an SPSC is vested in the Governor under Article 321. This assertion is incorrect.
• Article 321 of the Indian Constitution clearly empowers the State Legislature to confer additional functions on the State Public Service Commission.
• This extension of functions is achieved through an Act of the State Legislature, which can specify additional duties for the SPSC concerning the services of the State, local authorities, other corporate bodies, or public institutions.
• For instance, the State Legislature might enact a law requiring the SPSC to advise on recruitment to public sector undertakings or local bodies.

Regarding Statement 2: Expenses of SPSC

• Statement 2 claims that Article 322 specifies the expenses of the SPSC are charged on the Contingency Fund of the State. This is also incorrect.
• Article 322 unambiguously states that the expenses of a State Public Service Commission, which include the salaries, allowances, and pensions payable to its members and staff, are charged on the Consolidated Fund of the State.
• Expenses 'charged upon' the Consolidated Fund are non-votable by the State Legislature, although they can be discussed. This provision is a significant mechanism to ensure the financial independence of the Commission, protecting it from undue political influence.
• The Contingency Fund of the State (established under Article 267(2)) is maintained by the Governor and is primarily used for meeting unforeseen expenditures, pending subsequent authorization by the State Legislature. It is distinct from the Consolidated Fund, which is the principal account for all government revenues and expenditures.

Additional Important Facts about SPSCs for Competitive Exams

• Appointment: The Chairman and other members of an SPSC are appointed by the Governor of the respective State. The Constitution does not specify the exact number of members.
• Term of Office: Members of an SPSC hold office for a term of six years or until they attain the age of 62 years, whichever occurs earlier.
• Resignation: A member or Chairman can resign by submitting their resignation letter to the Governor.
• Removal: Despite being appointed by the Governor, a member or Chairman of an SPSC can only be removed by the President of India. The grounds and procedure for removal are identical to those applicable to a member of the Union Public Service Commission (UPSC), such as proved misbehaviour or insolvency. This is a vital safeguard for the Commission's independence from the state executive.
• Conditions of Service: The conditions of service of the Chairman and members of an SPSC are determined by the Governor.
• Re-appointment/Further Employment: A Chairman of an SPSC is not eligible for further employment under the Government of India or any State Government after demitting office. A member (other than the Chairman) is eligible for appointment as the Chairman of that SPSC or any other SPSC, or as the Chairman or a member of the UPSC, but is otherwise barred from other government employment.
• Functions: SPSCs are primarily responsible for conducting examinations for appointments to the services of the State, advising the State Government on matters relating to methods of recruitment, transfers, promotions, and disciplinary cases.
• Annual Report: The SPSC submits an annual report on its performance to the Governor, who then presents this report before the State Legislature along with a memorandum explaining cases where the Commission's advice was not accepted.