Question

Identify the correct statements concerning post-tenure appointments for SPSC officials.

1. The chairman of an SPSC is eligible for appointment as the chairman of the UPSC or any other SPSC.

2. A member of an SPSC, upon ceasing to hold office, can be reappointed to that same office for a second term.

3. A member of an SPSC is eligible to be appointed as the chairman of that same SPSC.

• A. 1 & 2
• B. 2 & 3
• C. 1 & 3
• D. All are correct

Answer 1

Answer:

C. 1 & 3

Constitutional Provisions for Public Service Commissions

• The appointment, tenure, and post-tenure employment of members of the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) are governed by Part XIV of the Indian Constitution, specifically Articles 315 to 323.
• Article 319 of the Constitution lays down specific prohibitions regarding the holding of office by members of these Commissions upon ceasing to be members. These provisions are crucial for ensuring the independence and impartiality of the commissions.

Post-tenure Eligibility for SPSC Officials

• Statement 1: The chairman of an SPSC is eligible for appointment as the chairman of the UPSC or any other SPSC.
  • This statement is correct. According to Article 319(a), the chairman of a State Public Service Commission is eligible for appointment as the chairman or a member of the UPSC, or as the chairman of any other SPSC. This is considered a promotion or a lateral shift to another similar constitutional body.
• Statement 2: A member of an SPSC, upon ceasing to hold office, can be reappointed to that same office for a second term.
  • This statement is incorrect. Article 319(c) explicitly states that a member of a State Public Service Commission (other than the Chairman) shall not be eligible for any other employment either under the Government of India or under the Government of a State, except for appointment as the Chairman or a member of the UPSC, or as the Chairman of that or any other SPSC. Crucially, no member of a Public Service Commission (UPSC or SPSC) can be reappointed to the *same office* (i.e., the same position) from which they retired. This rule is designed to prevent members from seeking favour from the executive in anticipation of reappointment, thereby maintaining their independence.
• Statement 3: A member of an SPSC is eligible to be appointed as the chairman of that same SPSC.
  • This statement is correct. As per Article 319(c), a member of an SPSC is eligible to be appointed as the chairman of that same SPSC. This is considered an elevation within the same commission and is permitted, unlike reappointment to the identical member post.

Key Prohibitions (Article 319 Summary) for Competitive Exams

1. Chairman of UPSC: Not eligible for any further employment under the Government of India or a State. This ensures the highest level of independence for the highest public service recruitment body.
2. Chairman of SPSC: Eligible for appointment as the Chairman or a member of the UPSC, or as the Chairman of any other SPSC.
3. Member of UPSC: Eligible for appointment as the Chairman of the UPSC, or as the Chairman of any SPSC.
4. Member of SPSC: Eligible for appointment as the Chairman or a member of the UPSC, or as the Chairman of that same SPSC, or as the Chairman or a member of any other SPSC.
5. It is a general principle that no member of either the UPSC or an SPSC is eligible for reappointment to the same office (i.e., the exact position) from which they retired. This is a vital check on the executive's power and ensures the autonomy of the commissions.