Question

Consider the following statements:

1. The SPSC's role extends to advising on the classification of services and cadre management.

2. A selection made by the SPSC becomes mandatory for the government to accept if there is no irregularity in the process.

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)

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

• Its primary role is to conduct examinations for appointments to the services of the state and to advise the Governor on various service matters.

Analysis of Statement 1: SPSC's role in classification of services and cadre management

• The primary functions of an SPSC, as outlined in the Constitution and various regulations, are focused on recruitment, promotion, transfer (in some cases), and disciplinary matters concerning state civil services.

• While SPSCs may be consulted on broad principles affecting personnel, the classification of services (e.g., gazetted, non-gazetted, Class I, II, III) and cadre management (e.g., creation of posts, inter-cadre transfers, cadre restructuring) are primarily the responsibility of the state government's Department of Personnel or General Administration Department, often in consultation with the Finance Department.

• The SPSC's role is more about the administration of personnel within existing structures rather than the fundamental design or classification of those structures. Therefore, the statement overstates the SPSC's direct advisory role in these specific areas as a primary function.

Analysis of Statement 2: Mandating government acceptance of SPSC selections

• The recommendations made by the SPSC (including selections for appointments) are advisory in nature.

• The state government is not legally bound to accept the recommendations of the SPSC.

• However, if the state government decides not to accept a recommendation, it must inform the SPSC about the reasons for non-acceptance. The reasons for non-acceptance, along with the annual report of the SPSC, are then laid before the State Legislature.

• This provision ensures transparency and accountability, although it does not make the SPSC's recommendations mandatory. This principle applies to both the Union Public Service Commission (UPSC) and the SPSCs.

• This aspect highlights the independence of the government in final decision-making, while still valuing the expert advice of the SPSC.