Question

Examine the following statements regarding the appointment and tenure of the State Public Service Commission (SPSC):

a. The Governor has the power to appoint the Chairman and members of the SPSC, and their number is fixed by the Constitution.

b. The tenure of the Chairman and members of the SPSC is 6 years or until they attain the age of 62, whichever is earlier.

• 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:

C. Statement b is correct and a is wrong

State Public Service Commission (SPSC)

• Constitutional Provision: Part XIV of the Constitution of India, specifically Articles 315 to 323, deals with the establishment, composition, appointment, and functions of Public Service Commissions.

• Appointment of Chairman and Members:

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

  • Crucially, the number of members in an SPSC is not fixed by the Constitution. It is determined by the Governor. This is why statement (a) is incorrect.

• Tenure of Office:

  • The Chairman and members of the SPSC hold office for a term of six years.

  • Alternatively, they serve until they attain the age of 62 years, whichever occurs earlier. This is why statement (b) is correct.

• Removal from Office:

  • The Chairman or any member of an SPSC can be removed from office by the President of India on grounds of misbehavior.

  • Before removal on grounds of misbehavior, the President must refer the matter to the Supreme Court for an inquiry.

  • Other grounds for removal include insolvency, engagement in paid employment outside their official duties, or infirmity of mind or body.

• Resignation: They can resign from their office by writing to the Governor.

• Re-appointment: Neither the Chairman nor a member of an SPSC is eligible for re-appointment to that office.

• Relationship with UPSC: While appointed by the Governor, the SPSC is an independent body. However, the President can transfer the Chairman of an SPSC to the UPSC or appoint him as its acting Chairman.