Question

Consider the following statements:
i. The State PSC is consulted on all disciplinary matters affecting state civil servants.
ii. The State PSC’s recommendations are binding on the state government.
iii. The State PSC conducts examinations for appointments to state services.
iv. The jurisdiction of the State PSC can be extended to local bodies by the state legislature.

Select the true answer from the codes given below:

• A. All the above
• B. Only i, iii, and iv
• C. Only i and iii
• D. Only iii and iv

Answer 1

Answer:

B. Only i, iii, and iv

State Public Service Commissions (SPSCs)

• State Public Service Commissions (SPSCs) are constitutional bodies established under Article 315 of the Indian Constitution.

• They play a crucial role in maintaining the merit system in the state administration by advising on recruitment and service matters.

Analysis of the Statements:

• Statement i: The State PSC is consulted on all disciplinary matters affecting state civil servants.

  • This statement is true.

  • Article 320(3)(c) of the Indian Constitution mandates that the SPSC shall be consulted on all disciplinary matters affecting a person serving under the Government of a State in a civil capacity.

  • This provision ensures fairness and impartiality in disciplinary proceedings involving state civil servants.

• Statement ii: The State PSC’s recommendations are binding on the state government.

  • This statement is false.

  • The recommendations made by the SPSC (and UPSC) are advisory in nature only and are not binding on the state government.

  • If the state government decides not to accept a recommendation, the reasons for such non-acceptance must be laid before the state legislature, allowing for parliamentary scrutiny.

  • This reflects a balance where the executive retains ultimate decision-making power, while the SPSC provides expert, independent advice.

• Statement iii: The State PSC conducts examinations for appointments to state services.

  • This statement is true.

  • One of the primary and most significant functions of the SPSC, as specified in Article 320(1), is to conduct examinations for appointments to the services of the State.

  • This function is vital for ensuring a merit-based selection process for all civil service positions within the state's administration.

• Statement iv: The jurisdiction of the State PSC can be extended to local bodies by the state legislature.

  • This statement is true.

  • Article 321 of the Constitution allows the Legislature of a State to make provision for the exercise of additional functions by the State Public Service Commission.

  • These additional functions can extend to services of any local authority (like municipalities or panchayats) or other body corporate constituted by law, or any public institution.

  • This provision enables the state legislature to assign the SPSC broader responsibilities beyond just direct state government services.

Key Points for Competitive Exams:

• Constitutional Articles:

  • Article 315: Establishment of Public Service Commissions for the Union and for the States.

  • Article 316: Deals with the appointment and term of office of members of PSCs.

  • Article 317: Specifies the removal and suspension of a member of a Public Service Commission (members are removed by the President, but can be suspended by the Governor in case of SPSC).

  • Article 320: Outlines the functions of Public Service Commissions, including conducting examinations and consultation on disciplinary matters.

  • Article 322: States that the expenses of SPSCs are charged upon the Consolidated Fund of the State, ensuring their financial independence.

• Independence: The Constitution safeguards the independence of SPSCs through provisions like security of tenure for members, conditions of service, and the fact that their expenses are charged on the Consolidated Fund.

• Role: SPSCs are considered the 'watch-dogs of the merit system' in state administration.