Question

Examine the following statements about the functions of the SPSC:

a. The SPSC conducts examinations for appointments to state services and advises on disciplinary matters affecting state civil servants.

b. The SPSC’s recommendations are binding on the state government, and failure to consult the SPSC invalidates government decisions.

• A. Statement a and b are correct
• B. Statement a is correct and b is wrong
• C. Statement b is correct and a is wrong
• D. Statement a and b are incorrect

Answer 1

Answer:

B. Statement a is correct and b is wrong

State Public Service Commission (SPSC)

• Article 320 of the Indian Constitution outlines the primary functions of the Public Service Commissions (both UPSC and SPSC).

• Competitive Examinations: The SPSC is mandated to conduct examinations for recruitment to various services in the state. This ensures merit-based selection for state government appointments.

• Advisory Role: The SPSC advises the state government on:

  • Matters relating to methods of recruitment to civil services and civil posts.

  • The principles to be followed in making appointments and promotions.

  • All disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters.

  • Claims for reimbursement of expenses incurred in defending legal proceedings instituted against them in respect of acts done or purporting to be done in the execution of their official duty.

  • Claims for the award of a pension in respect of injuries sustained while serving under the Government of India or the Government of a State in a civil capacity.

• Non-Binding Recommendations: Crucially, the recommendations made by the SPSC are generally of an advisory nature. They are not binding on the state government. The government has the discretion to accept or reject these recommendations.

• Consultation vs. Binding Authority: While the Constitution mandates consultation with the SPSC on specified matters, failure to consult the SPSC does not automatically invalidate the government's decisions. However, it can lead to legal challenges and scrutiny. The extent to which the government can deviate from SPSC advice is a matter of administrative and judicial interpretation.

• Powers to Extend Functions: The state legislature can, by law, entrust the SPSC with additional functions beyond those specified in the Constitution.

• Exclusions: The SPSC is not consulted on matters related to the reservation of appointments or posts in favor of any backward class of citizens.