Question

Examine the following statements about the removal of SPSC members:

a. The Chairman and members of the SPSC can be removed by the Governor for reasons such as insolvency or engaging in paid employment outside their duties.

b. The President can remove an SPSC member for misbehaviour only after an enquiry by the Supreme Court, whose advice is binding.

• A. Statement a and b are correct
• B. Statement a is correct and b is wrong
• C. Statement b is correct and a is wrong
• D. Statement a and b are incorrect

Answer 1

Answer:

C. Statement b is correct and a is wrong

State Public Service Commission (SPSC)

• Constitutional Provisions: The removal of members of the State Public Service Commission (SPSC) is governed by Article 317 of the Constitution of India.

• Grounds for Removal:

  • Misbehaviour: A member can be removed for misbehaviour. However, this removal is subject to a specific procedure.

  • Incapacity: A member can be removed if they are adjudged an insolvent or have, during the term of office, engaged in any paid employment outside the duties of their office.

• Procedure for Misbehaviour Removal:

  • The President of India must refer the matter to the Supreme Court for an inquiry.

  • The Supreme Court conducts an inquiry into the alleged misbehaviour.

  • The Supreme Court then provides its advice to the President.

  • Crucially, the advice of the Supreme Court is not binding on the President. The President can accept or reject the advice.

• Role of the Governor:

  • The Governor has the power to suspend the Chairman or a member of the SPSC pending inquiry into allegations of misbehaviour by the President.

  • The Governor cannot remove the Chairman or members directly for misbehaviour or for other grounds like insolvency or engaging in paid employment. This power rests solely with the President.

• Key Distinction (SPSC vs. UPSC): While the SPSC Chairman/members are appointed by the Governor, their removal is the prerogative of the President of India, following the procedure laid out in the Constitution. This is similar to the removal of UPSC members.

• Competitive Exam Focus: Pay close attention to the distinction between the President's powers and the Governor's powers regarding SPSC members, especially concerning removal and suspension. Also, remember that the Supreme Court's advice in misbehaviour cases is advisory, not binding, on the President.