Question

Consider the following statements:

(i) The Governor can suspend a member of the SPSC during an enquiry for misbehaviour referred to the Supreme Court.

(ii) The advice of the Supreme Court in cases of misbehaviour by an SPSC member is binding on the President.

(iii) The SPSC is consulted on all matters related to the classification of state services.

(iv) The expenses of the SPSC, including salaries and pensions, are charged on the Consolidated Fund of the State.

Which of the statements given above is/are correct?

• A. Only (i), (ii), and (iv)
• B. Only (i) and (ii)
• C. Only (ii) and (iv)
• D. Only (i), (iii), and (iv)

Answer 1

Answer:

A. Only (i), (ii), and (iv)

State Public Service Commission (SPSC)

• Appointment and Removal of Members:

  • The Governor appoints the Chairman and members of the SPSC.

  • Crucially, the President, not the Governor, has the power to remove the Chairman or any member of the SPSC.

  • A member can be removed by the President on grounds of misbehaviour after the Supreme Court has conducted an inquiry into the matter and recommended removal.

  • The Governor's role is limited to suspending a member during such an inquiry.

• Role of the Supreme Court:

  • The Supreme Court conducts an inquiry into allegations of misbehaviour against an SPSC member.

  • The advice of the Supreme Court in such cases is binding on the President. This ensures impartiality in the removal process.

• Consultation by the Governor:

  • The SPSC is consulted by the Governor on all matters relating to the methods of recruitment to state services and on all disciplinary matters affecting a person serving in connection with the affairs of a State.

  • However, the SPSC is NOT consulted on matters of classification of state services.

• Expenses of the SPSC:

  • The expenses incurred by the SPSC, including the salaries, allowances, and pensions of its members, are charged on the Consolidated Fund of the State.

  • This means these expenses are not subject to a vote by the State Legislature, ensuring the financial independence of the SPSC.

• Constitutional Provisions:

  • The powers and functions of the SPSC are laid down in Part XIV of the Constitution of India, specifically Articles 315 to 323.

  • Article 317 deals with the removal and suspension of a member of a Public Service Commission.