Question

Consider the following statements:

1. The President can remove an SPSC member for insolvency or physical incapacity.

2. The Supreme Court’s enquiry into misbehaviour by an SPSC member is initiated by the Governor.

3. The SPSC is not consulted on matters related to the classification of state services.

Which of the statements given above is/are correct?

• A. 1 and 3 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 3 only

Role and Removal of State Public Service Commission (SPSC) Members

• The Chairman and other members of a State Public Service Commission (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. This highlights the independence of the SPSC from the state executive.

• The President can remove an SPSC member on specific grounds, including:

  • Being declared insolvent.

  • Engaging in any paid employment outside the duties of their office.

  • Being, in the President's opinion, unfit to continue in office due to infirmity of mind or body (physical or mental incapacity).

• In cases of misbehaviour, the President refers the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, advises the removal of the member, the President is bound by that advice and must remove the member. This provision ensures a fair and independent process for removal based on misbehaviour.

Consultative Functions of State Public Service Commission

• The State Public Service Commission (SPSC) primarily performs a consultative role concerning various personnel management issues of the state.

• Its functions are detailed in Article 320 of the Indian Constitution.

• The SPSC is generally consulted on matters such as:

  • Methods of recruitment to civil services and for civil posts.

  • Principles for making appointments, promotions, and transfers.

  • All disciplinary matters affecting persons serving under the state government.

  • Claims for pension in respect of injuries sustained while serving in a civil capacity.