Question

Examine the following statements regarding the role of the Governor in the SPSC.

1. The Governor can appoint a member of the SPSC as an acting chairman if the current chairman is temporarily absent.

2. Regulations made by the Governor to exclude matters from the SPSC's purview are final and cannot be challenged.

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

Answer 1

Answer:

A. 1 only

Role of the Governor in State Public Service Commissions (SPSCs)

Appointment of Acting Chairman

• As per Article 316(1A) of the Indian Constitution, the Governor of a state has the power to appoint one of the members of a State Public Service Commission (SPSC) as an acting Chairman.

• This appointment can be made if the office of the Chairman falls vacant, or if the Chairman is unable to perform his duties due to absence or any other reason.

• This provision ensures the smooth functioning of the SPSC even in the temporary absence of its regular Chairman.

Exclusion of Matters from SPSC Consultation

• While the Governor is empowered by Article 320(3) to make regulations specifying the matters in which it shall not be necessary for a SPSC to be consulted, these regulations are not final.

• Crucially, every such regulation made by the Governor must be laid before the State Legislature as soon as possible after it is made.

• The State Legislature has the power to approve, disapprove, or modify these regulations. This legislative oversight ensures that the Governor's regulations are not arbitrary and can be challenged or altered by the elected representatives. Therefore, the statement that such regulations are final and cannot be challenged is incorrect.

Key Facts about State Public Service Commissions (SPSCs) for Competitive Exams

• Constitutional Body: SPSCs are independent constitutional bodies established under Article 315 of the Indian Constitution to ensure merit-based recruitment to state public services.

• Composition: The SPSC consists of a Chairman and other members, whose number is determined by the Governor.

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

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

• Resignation: They can resign from their office by addressing their resignation letter to the Governor.

• Removal: Despite being appointed by the Governor, the Chairman and members of an SPSC can only be removed by the President of India, not the Governor. The President can remove them on grounds of proved misbehaviour or incapacity, after an inquiry by the Supreme Court.

• Conditions of Service: The conditions of service of the Chairman and members are determined by the Governor, but they cannot be varied to their disadvantage after their appointment.

• Financial Independence: The expenses of the SPSC, including the salaries, allowances, and pensions payable to its members and staff, are charged on the Consolidated Fund of the State, making them non-votable by the State Legislature (though they can be discussed).

• Functions (Article 320): The SPSC conducts examinations for appointments to the services of the state, advises on disciplinary matters, promotions, transfers, and various other personnel management issues.

• Annual Report (Article 323): The SPSC presents an annual report on its performance to the Governor, who then lays it before the State Legislature.