Question

Which of the following accurately describes the establishment and nature of a Joint State Public Service Commission (JSPSC)?

1. A JSPSC is a constitutional body provided for in Article 315 for two or more states.

2. It can be created by an Act of Parliament based on a request from the concerned state legislatures.

3. The members of a JSPSC hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• A. 1 & 2
• B. 2 only
• C. 1 & 3
• D. 2 & 3

Answer 1

Answer:

B. 2 only

Joint State Public Service Commission (JSPSC)

Establishment and Nature:

• A Joint State Public Service Commission (JSPSC) is constituted to serve the recruitment and advisory needs of two or more states.

• While the possibility of a JSPSC for a group of states is mentioned in Article 315 of the Indian Constitution, it is not directly created by the Constitution itself.

• A JSPSC is primarily a statutory body, meaning it is established by an Act of Parliament, rather than being a direct constitutional creation like the Union Public Service Commission (UPSC) or State Public Service Commissions (SPSCs).

• The process for its establishment involves the legislatures of the concerned states passing resolutions requesting the Parliament to create such a commission.

• Upon receiving such requests, the Parliament enacts a law to establish the JSPSC.

Composition, Appointment, and Tenure:

• The Chairman and members of a JSPSC are appointed by the President of India.

• Their number and conditions of service are also determined by the President.

• Members of a JSPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. This age limit is a key distinction from UPSC members who can serve until 65 years.

• They can be removed from office by the President under specific circumstances, similar to the removal process for UPSC and SPSC members.

Functions and Accountability:

• A JSPSC performs similar functions for the states it serves as a SPSC does for a single state, including conducting examinations and advising on service matters.

• The annual report of a JSPSC is submitted to the Governors of each of the concerned states.

• Each Governor then lays the report before the respective state legislature, along with a memorandum explaining any instances where the commission's advice was not accepted.

Key Facts for Competitive Exams:

• Constitutional vs. Statutory: UPSC and SPSCs are constitutional bodies. A JSPSC is a statutory body created by an Act of Parliament.

• Appointment Authority: Chairman and members of JSPSC are appointed by the President, unlike SPSC members who are appointed by the Governor.

• Removal Authority: Members of UPSC, SPSC, and JSPSC can only be removed by the President, not the Governor.

• Retirement Age: The retirement age for JSPSC members is 62 years, same as for SPSC members, but different from UPSC members (65 years).

• A JSPSC can be formed for two or more states, based on their mutual consent and parliamentary enactment