Question

Consider the following two statements regarding the term and resignation of a member of the State Finance Commission:

Statement I: A member of the Commission holds office for a period specified in the appointment order by the Governor and is not eligible for re-appointment.

Statement II: A member’s resignation, addressed to the Governor, is effective immediately upon its submission.

Which one of the following is correct in respect of the above statements?

• A. Both Statement I and Statement II are correct
• B. Both Statement I and Statement II are incorrect.
• C. Statement I is correct, but Statement II is incorrect.
• D. Statement I is incorrect, but Statement II is correct.

Answer 1

Answer:

B. Both Statement I and Statement II are incorrect.

State Finance Commission

• Constitutional Basis: Article 243I and 243Y of the Constitution of India provide for the establishment of a State Finance Commission (SFC) by the Governor of a State.

• Tenure of Members: The term of office and other conditions of service of the members of the SFC are determined by the Governor. Unlike some other constitutional bodies, the Constitution does not explicitly bar re-appointment of SFC members.

• Resignation: A member of the SFC can resign by writing under his hand addressed to the Governor.

• Effectiveness of Resignation: A resignation, even if addressed to the Governor, is not effective immediately upon submission. It becomes effective only from the date on which the Governor accepts it. This provision is similar to the resignation of UPSC members.

• Comparison with other bodies: It is important to note that the provisions regarding the term and resignation can vary across different constitutional and statutory bodies in India. For instance, the Comptroller and Auditor General (CAG) resigns by writing to the President, and their resignation is effective upon acceptance.