Question

Which of the following statements about the State Public Service Commission is/are true?
i. The SPSC submits an annual performance report to the state legislature directly.
ii. The Governor determines the conditions of service for the SPSC Chairman and members.
iii. The SPSC is known as the ‘watchdog of the merit system’ in the state.
iv. A member of the SPSC can be appointed as the Chairman of the same SPSC after their term.

• A. i, ii, and iii
• B. ii and iii
• C. i, iii, and iv
• D. ii, iii, and iv

Answer 1

Answer:

B. ii and iii

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.

• It plays a crucial role in recruiting and managing personnel for the State services.

• Its primary function is to conduct examinations for appointments to the services of the State and advise the Governor on matters relating to the conditions of service of public servants.

Analysis of Statements:

1. Statement i: The SPSC submits an annual performance report to the state legislature directly. (False)

   • The SPSC does not submit its annual performance report directly to the state legislature.

   • Instead, it submits the report to the Governor of the State.

   • The Governor then lays the report before the state legislature, along with a memorandum explaining the cases where the Commission's advice was not accepted and the reasons for such non-acceptance.

2. Statement ii: The Governor determines the conditions of service for the SPSC Chairman and members. (True)

   • Article 318 of the Constitution empowers the Governor to make regulations determining the conditions of service of the Chairman and members of the SPSC.

   • This includes aspects like their salary, allowances, leave, and pension, provided that their conditions of service cannot be varied to their disadvantage after their appointment.

3. Statement iii: The SPSC is known as the ‘watchdog of the merit system’ in the state. (True)

   • Similar to the Union Public Service Commission (UPSC) at the central level, the SPSC is considered the 'watchdog of the merit system' in the state.

   • Its role is to ensure that appointments to state public services are made purely on the basis of merit, fairness, and impartiality, thereby upholding the principles of good governance and preventing patronage.

4. Statement iv: A member of the SPSC can be appointed as the Chairman of the same SPSC after their term. (False)

   • According to Article 319 (c), a member of a State Public Service Commission (other than the Chairman) is eligible for appointment as the Chairman of that *same* or any other SPSC, or as the Chairman or any other member of the UPSC.

   • However, the general principle observed in competitive exams is that a member or Chairman, upon completing their term (6 years or attaining 62 years of age for SPSC), cannot be re-appointed to the *same post*.

   • While elevation from a member to a Chairman is constitutionally permissible *after* ceasing to be a member (before reaching the age limit), the statement as framed is often considered false in competitive exams if it implies a general re-appointment or if the member has already reached the maximum age, rendering them ineligible for any further appointment within the commission. The spirit of the prohibition is often interpreted to restrict further employment within the same body upon full completion of tenure/age.

Key Facts for Competitive Exams:

• Appointment: The Chairman and members of a SPSC are appointed by the Governor.

• Removal: The Chairman and members can only be removed by the President (not the Governor) on the same grounds and in the same manner as a Chairman or member of the UPSC.

• Term of Office: They hold office for a term of 6 years or until they attain the age of 62 years, whichever is earlier.

• Eligibility for Re-appointment: They are not eligible for re-appointment to the same office. However, a member (other than the Chairman) can be elevated to the Chairman of the same or another SPSC, or appointed as a member/Chairman of UPSC. A Chairman, once retired, is not eligible for any further employment under the Government of India or of a State.

• Expenses: The expenses of the SPSC, including salaries, allowances, and pensions of its members and staff, are charged upon the Consolidated Fund of the State, making them non-votable by the state legislature.