Question

Consider the following statements:

(1) The Governor can exclude certain posts and services from the SPSC’s consultation through regulations.

(2) The SPSC is consulted on claims for pensions due to injuries sustained by state civil servants.

Which of the above statements is/are correct?

• A. (1) only
• B. (2) only
• C. Both (1) and (2)
• D. Neither (1) nor (2)

Answer 1

Answer:

C. Both (1) and (2)

State Public Service Commission (SPSC)

• Article 320 of the Constitution of India outlines the functions of Public Service Commissions (both UPSC and SPSC).

• Statement (1) is correct: The Governor of a state, in consultation with the State Public Service Commission, can make regulations exempting certain posts or services from the purview of the SPSC's consultation. However, such regulations must be laid before the state legislature.

• Statement (2) is correct: The SPSC is mandated to advise the state government on:
  

  • a) Matters relating to recruitment to civil services and posts in the state.

  • b) The principles to be followed in making appointments and promotions to civil services and posts and in making transfers and posts.

  • c) All matters relating to suitability for appointments, promotions, and transfers.

  • d) All disciplinary matters affecting a person serving under the Government of a state in a civil capacity, including memorials or petitions relating to such matters.

  • e) Claims for pensions due to injuries sustained by civil servants in respect of service under the state government and on the grant of awards consequent on such injuries.

  • f) Cases of irregularities in public employment.

  • g) Any other matter on which the Governor consults the SPSC.

• Exclusions: While the SPSC has a broad advisory role, the Constitution allows for certain matters to be excluded from its consultation. These exclusions are typically specified by the Governor through regulations, subject to legislative approval.

• Constitutional Basis: The powers and functions of the SPSC are derived from the Constitution, ensuring a degree of autonomy and impartiality in public service recruitment and administration.

• State Legislature's Role: The state legislature plays a supervisory role by having the regulations laid before it, allowing for scrutiny and potential amendment.