Question

Evaluate the following statements regarding the extension of SPSC functions.

1. The power to confer additional functions on the SPSC relating to state services lies with the Governor.

2. The jurisdiction of the SPSC can be extended to public institutions by an executive order of the state government.

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

Answer 1

Answer:

D. Neither 1 nor 2

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body established under Part XIV of the Indian Constitution, specifically Articles 315 to 323.

• Its primary functions are outlined in Article 320, which include conducting examinations for appointments to state services and advising the state government on various service matters.

Regarding Statement 1: Power to Confer Additional Functions

• Statement 1 claims that the power to confer additional functions on the SPSC relating to state services lies with the Governor. This is incorrect.

• Article 321 of the Indian Constitution explicitly states that an Act made by the State Legislature can provide for the exercise of additional functions by the SPSC.

• This includes functions related to the services of the State, as well as services of any local authority, other body corporate constituted by law, or any public institution.

• Therefore, the power rests with the State Legislature through a legislative enactment, not with the Governor via an executive action.

Regarding Statement 2: Extension of Jurisdiction to Public Institutions by Executive Order

• Statement 2 asserts that the jurisdiction of the SPSC can be extended to public institutions by an executive order of the state government. This is also incorrect.

• As per Article 321, any extension of the SPSC's functions, including bringing public institutions under its purview, necessitates an Act of the State Legislature.

• An executive order is insufficient for this purpose because it lacks the legislative authority required to alter or expand the constitutional mandate and jurisdiction of a body like the SPSC.

• This provision ensures that the SPSC's functions are defined by law, reinforcing its independence and constitutional status rather than being subject to executive discretion.

Key Facts for Competitive Exams:

• Constitutional Mandate: Both the UPSC (Union Public Service Commission) and SPSCs derive their powers and functions directly from the Constitution, ensuring their independence.

• Legislative Authority: Any expansion or modification of the functions of Public Service Commissions (UPSC or SPSC) requires legislative action – an Act of Parliament for UPSC and an Act of the State Legislature for SPSC.

• Article 320: Defines the existing functions of Public Service Commissions.

• Article 321: Grants the power to extend the functions of Public Service Commissions.

• The independence of these commissions is crucial for merit-based recruitment and insulated from political interference, which is why their functions cannot be altered by simple executive orders.