Question

Identify the INCORRECT statement(s) about the tenure and resignation of SPSC members.

1. The 41st Amendment Act of 1976 raised the retirement age of SPSC members from 60 to 62.

2. The Chairman and members of the SPSC submit their resignation letters to the President of India.

• 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) Members

• The Constitution of India provides for the establishment of a State Public Service Commission (SPSC) for each state, as per Article 315.

Tenure and Retirement Age

• Members of an SPSC, including the Chairman, hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

• It is important to note that the original retirement age for SPSC members was 60 years.

• The 41st Constitutional Amendment Act of 1976 raised the retirement age of SPSC members from 60 to 62 years. This amendment was significant in increasing the tenure of these constitutional officeholders.

Resignation Process

• The Chairman and other members of a State Public Service Commission address their resignation letter to the Governor of the concerned state.

• This is a key distinction from the Union Public Service Commission (UPSC) members, who submit their resignation to the President of India.

Appointment and Removal of SPSC Members

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

• However, they can only be removed by the President of India, not the Governor.

• The President can remove them on grounds such as proved misbehaviour or incapacity, after a reference is made to the Supreme Court for an inquiry.

• Other grounds for removal by the President include being an undischarged insolvent, engaging in any paid employment outside the duties of his office, or being, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

• This 'appointment by Governor but removal by President' mechanism highlights the independent nature of the SPSC and protects its members from arbitrary removal by the state executive