Question

Identify the correct statement(s) regarding the qualifications and composition of the SPSC.

1. The Constitution mandates that all members of the SPSC must have held office for at least ten years under the government.

2. No specific qualifications are prescribed for the membership of the Commission, except for a condition applied to one-half of the members.

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

Answer 1

Answer:

B. 2 only

State Public Service Commission (SPSC)

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

• It is tasked with conducting examinations for appointments to the services of the state and advising the state government on various service matters, ensuring merit-based recruitment and impartial administration.

Composition and Qualifications of SPSC Members

• The Constitution does not specify the exact number of members of the SPSC. The strength of the Commission and their conditions of service are determined by the Governor of the concerned state.

• No specific academic or professional qualifications are prescribed by the Constitution for the members of the Commission. This means there is no mandatory educational degree or prior work experience required for all members.

• However, the Constitution includes a crucial condition: as nearly as one-half of the members of the Commission should be persons who have held office for at least ten years either under the Government of India or under the Government of a State. This ensures that a significant portion of the Commission has relevant administrative experience.

• Therefore, the statement that 'the Constitution mandates that all members of the SPSC must have held office for at least ten years under the government' is incorrect. It applies only to approximately half of the members.

Appointment, Tenure, and Removal of SPSC Members

• The Chairman and other members of the SPSC are appointed by the Governor of the state.

• They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. (Note: For UPSC members, the age limit is 65 years).

• Although appointed by the Governor, the Chairman and members of an SPSC can only be removed by the President of India, not the Governor. This provision ensures the independence and impartiality of the Commission.

• The grounds for removal are the same as for a UPSC member, including proved misbehaviour or incapacity (after an inquiry by the Supreme Court), insolvency, engaging in paid employment outside duties, or infirmity of mind or body.

• The expenses of the SPSC, including salaries, allowances, and pensions of its members and staff, are charged on the Consolidated Fund of the State, making them non-votable by the state legislature, further safeguarding the Commission's independence.