Question

Consider the following statements:

1. The SPSC advises on the principles to be followed in making appointments to civil services.

2. The state legislature can repeal regulations made by the Governor regarding non-consultation with the SPSC.

3. A member of the SPSC is eligible for appointment as a member of the UPSC after their term.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

D. All of the above

Functions and Role of State Public Service Commissions (SPSCs)

• The State Public Service Commission (SPSC) is a constitutional body established under Part XIV of the Indian Constitution (Articles 315 to 323).

• Its primary role is to recruit candidates for various state government services through competitive examinations and interviews.

Advisory Functions (Article 320)

• The SPSC advises the Governor on matters related to the methods of recruitment to civil services of the State.

• It also advises on the principles to be followed in making appointments to civil services and posts, and in making promotions and transfers from one service to another.

• Consultation with the SPSC is also required on all disciplinary matters affecting a person serving under the Government of a State in a civil capacity.

Regulations Regarding Non-Consultation with SPSC

• Article 320(4) empowers the Governor to make regulations specifying the matters in which it shall not be necessary for the SPSC to be consulted.

• These regulations, however, are not absolute. Every such regulation made by the Governor must be laid before each House of the State Legislature as soon as may be after it is made.

• The State Legislature has the power to modify, approve, or repeal these regulations. This provision ensures legislative oversight over the executive's power to limit the SPSC's advisory scope.

• This mechanism prevents the executive from arbitrarily excluding matters from the SPSC's purview, thus maintaining the transparency and impartiality of the recruitment process.

Eligibility for Further Appointment (Article 319)

• The Constitution imposes certain restrictions on the re-appointment of members of Public Service Commissions to prevent undue influence and ensure their independence.

Eligibility after Ceasing to be a Member:

• A Chairman of an SPSC is eligible for appointment as the Chairman or a member of the Union Public Service Commission (UPSC), or as the Chairman of any other SPSC. However, they are not eligible for any other employment under the Government of India or the Government of a State.

• A member (other than the Chairman) of an SPSC is eligible for appointment as the Chairman of that SPSC, or as the Chairman or a member of any other SPSC, or as the Chairman or a member of the Union Public Service Commission (UPSC).

• This provision ensures that experienced and qualified individuals from SPSCs can contribute to higher public service bodies like the UPSC, while also maintaining a degree of independence by restricting direct government employment after their term.