Question

Identify the correct statement(s) regarding the limitations on the SPSC's jurisdiction.

1. The SPSC is not consulted while making reservations of appointments or posts in favour of any backward class of citizens.

2. The Governor can make regulations specifying the matters in which it shall not be necessary to consult the SPSC, and these regulations 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

Limitations on the Jurisdiction of State Public Service Commissions (SPSCs)

Constitutional Basis and Advisory Role

• The State Public Service Commissions (SPSCs) are constitutional bodies established under Part XIV of the Indian Constitution, specifically from Article 315 to Article 323.

• SPSCs primarily play an advisory role in personnel administration within a state, rather than possessing decisive powers. Their recommendations are generally not binding on the government.

Key Limitations on SPSC's Jurisdiction

• The Constitution itself, and subsequent regulations, specify certain matters where the SPSC is not consulted. These limitations are crucial for competitive exams.

• One significant limitation is that the SPSC is not consulted while making provisions for reservations of appointments or posts in favour of any backward class of citizens. This power rests with the government to ensure social justice and affirmative action.

• Besides reservations, the SPSC is also generally not consulted on matters concerning:

  • The selection of chairman or members of the Commission itself.

  • The consideration of claims of members of the Scheduled Castes and Scheduled Tribes in making appointments to services and posts.

  • Temporary appointments lasting for less than one year.

  • The consideration of claims for compensation by a public servant for injuries sustained while on duty.

  • Appointments to posts of a specialist and non-technical character.

Governor's Regulations and Judicial Scrutiny

• Article 320 (3) (Proviso) of the Constitution empowers the Governor to make regulations specifying the matters in which it shall not be necessary to consult the SPSC.

• However, these regulations made by the Governor are not final and unchallengeable. They are subject to judicial review.

• This means that a court can examine these regulations to ensure they are constitutional, not arbitrary, mala fide (in bad faith), or ultra vires (beyond the powers of the Governor).

• Furthermore, all such regulations made by the Governor must be laid before the State Legislature, which can approve or modify them. This ensures legislative oversight and accountability.

Distinction for Exam Perspective

• It is vital for competitive exam aspirants to distinguish between the SPSC's mandatory advisory functions and the areas where its consultation is specifically excluded or can be excluded by gubernatorial regulations.

• The fact that Governor's regulations are subject to judicial review is a frequently tested point, highlighting the principle of judicial supremacy and checks and balances in the Indian governance system