Question

Consider the following statements:

1. The State PSC is a constitutional body under Part XIV of the Constitution.

2. The Governor can appoint an acting chairman only when the SPSC Chairman’s office is vacant.

3. The SPSC’s recommendations are directory and not mandatory for the state government.

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

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is indeed a constitutional body. It is established under Part XIV of the Indian Constitution, specifically dealt with by Articles 315 to 323.
• These articles outline the composition, appointment, removal, powers, and functions of both the Union Public Service Commission (UPSC) and the State Public Service Commissions (SPSCs).
• The SPSC acts as the watchdog of the merit system in the state, conducting examinations for appointments to state services and advising the Governor on various service matters.

Appointment of Acting Chairman

• The statement regarding the appointment of an acting chairman is incorrect.
• According to Article 316 (1A) of the Constitution, the Governor can appoint one of the members of the SPSC as an acting Chairman in two specific situations:
  • When the office of the Chairman becomes vacant.
  • When the Chairman is unable to perform his duties due to absence or any other reason.
• This provision ensures the continuous functioning of the Commission even in the temporary absence or vacancy of the regular Chairman.

Nature of SPSC Recommendations

• The recommendations made by the SPSC to the state government are advisory or directory in nature, and not mandatory or binding.
• While the state government generally accepts these recommendations, it is not legally obligated to do so.
• If the state government decides to reject any recommendation of the SPSC, it is usually required to lay a memorandum explaining the reasons for such non-acceptance before the state legislature.
• This advisory role is similar to that of the UPSC at the Union level, ensuring the government retains the final decision-making authority while upholding the consultative role of the PSC.