Question

Consider the following statements:
i. The Chairman of a State PSC is ineligible for reappointment to the same office after completing the first term.
ii. The conditions of service of the SPSC Chairman can be varied to their disadvantage after appointment.
iii. The Kerala PSC was formed on November 1, 1956.
iv. The first chairman of the Travancore-Cochin PSC was C. Kunhiraman.

Select the true answer from the codes given below:

• A. All the above
• B. Only i, iii, and iv
• C. Only i and iii
• D. Only iii and iv

Answer 1

Answer:

B. Only i, iii, and iv

State Public Service Commissions (SPSCs)

• The State Public Service Commissions (SPSCs) are constitutional bodies established under Part XIV of the Indian Constitution.

• They play a crucial role in recruiting personnel for state services, ensuring merit-based selection.

Key Constitutional Provisions and Facts related to SPSCs:

• Article 315 to 323 in Part XIV of the Constitution deals with the composition, appointment and removal of members, power and functions, and independence of the State Public Service Commissions.

• The Chairman and members of an SPSC are appointed by the Governor of the state.

• They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

• Though appointed by the Governor, the Chairman or any member of an SPSC can only be removed by the President of India, not by the Governor. This is a significant safeguard for their independence.

• The grounds for removal by the President are similar to those for a UPSC member: proved misbehaviour or incapacity. The President refers the matter to the Supreme Court for an inquiry. If the Supreme Court upholds the cause of removal and advises so, the President can remove the member.

• The expenses of the SPSC, including salaries, allowances, and pensions of the members and staff, are charged on the Consolidated Fund of the State, making them non-votable by the state legislature.

Analysis of the Statements:

• Statement i: The Chairman of a State PSC is ineligible for reappointment to the same office after completing the first term.

  • This statement is True. According to Article 316(3) of the Indian Constitution, a person who holds office as a member of a Public Service Commission (including the Chairman) is ineligible for reappointment to that office after the expiration of their term.

  • However, a Chairman of an SPSC can be appointed as the Chairman or a member of the UPSC or as the Chairman of another SPSC. Similarly, a member of an SPSC can be appointed as the Chairman of that SPSC or as the Chairman or a member of the UPSC.

• Statement ii: The conditions of service of the SPSC Chairman can be varied to their disadvantage after appointment.

  • This statement is False. As per Article 318, the conditions of service of the Chairman or a member of a Public Service Commission cannot be varied to their disadvantage after their appointment. This provision is a crucial element ensuring their independence and security of tenure.

• Statement iii: The Kerala PSC was formed on November 1, 1956.

  • This statement is True. The State of Kerala was formed on November 1, 1956, under the States Reorganisation Act, 1956. Consequently, the Kerala Public Service Commission was also constituted on the same date, taking over the functions previously performed by the Travancore-Cochin Public Service Commission.

• Statement iv: The first chairman of the Travancore-Cochin PSC was C. Kunhiraman.

  • This statement is True. C. Kunhiraman was indeed the first Chairman of the Travancore-Cochin Public Service Commission, which existed from 1949 (after the integration of Travancore and Cochin states) until the formation of Kerala in 1956.