Question

Which of the following statements about the State Public Service Commission is/are true?
i. The SPSC advises on claims for reimbursement of legal expenses by civil servants.
ii. The President can remove an SPSC member for engaging in paid employment outside their duties.
iii. The SPSC’s jurisdiction can be extended to public institutions by the Governor.
iv. The Supreme Court’s advice on misbehaviour cases is advisory and not binding on the President.

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

Answer 1

Answer:

A. i and ii

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body established under Part XIV of the Indian Constitution.
• Articles 315 to 323 deal with the composition, appointment, removal, powers, and functions of the SPSC.
• Its primary role is to conduct examinations for appointments to the services of the State and advise the Governor on various matters related to state civil services.

Analysis of Statement i: The SPSC advises on claims for reimbursement of legal expenses by civil servants.

• This statement is TRUE.
• According to Article 320(3)(d) of the Indian Constitution, the SPSC must be consulted on "all claims for the reimbursement of any costs incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty."
• This provision ensures that civil servants receive a fair assessment of their claims for legal costs incurred while performing official duties, safeguarding them from personal financial burdens.

Analysis of Statement ii: The President can remove an SPSC member for engaging in paid employment outside their duties.

• This statement is TRUE.
• While the Chairman and members of a State Public Service Commission are appointed by the Governor of the State, they can only be removed by the President of India.
• Article 317(4) specifies that a member can be removed by the President if he "engages during his term of office in any paid employment outside the duties of his office." This is considered a form of 'misbehaviour'.
• Other grounds for removal by the President include insolvency and infirmity of mind or body. For 'misbehaviour', the matter must first be referred to the Supreme Court for an inquiry.

Analysis of Statement iii: The SPSC’s jurisdiction can be extended to public institutions by the Governor.

• This statement is FALSE.
• The jurisdiction of the SPSC can be extended to cover the services of any local authority, corporate body, or public institution by an Act made by the State Legislature.
• Article 321 of the Constitution empowers the State Legislature, not the Governor, to confer additional functions on the SPSC relating to the services of the State and its various bodies.

Analysis of Statement iv: The Supreme Court’s advice on misbehaviour cases is advisory and not binding on the President.

• This statement is FALSE.
• When the President refers a case of alleged misbehaviour of an SPSC member (or UPSC member) to the Supreme Court for inquiry under Article 317(1), the advice tendered by the Supreme Court is binding on the President.
• If the Supreme Court, after inquiry, reports that the member should be removed, the President shall remove the member. This provision upholds the independence and integrity of the Public Service Commissions.

Key Facts for Competitive Exams:

• Appointment: The Chairman and members of the SPSC are appointed by the Governor of the State (Article 316).
• Term of Office: They hold office for a term of 6 years or until they attain the age of 62 years, whichever is earlier (Article 316(2)).
• Resignation: They can resign from their office by submitting their resignation to the Governor.
• Salaries and 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 (Article 322), meaning they are not subject to the vote of the State Legislature.
• Eligibility for Further Employment: A Chairman of an SPSC is eligible for appointment as the Chairman or any other member of the UPSC or as the Chairman of any other SPSC, but not for any other employment under the Government of India or the Government of a State. A member of an SPSC (other than the Chairman) is eligible for appointment as the Chairman of that SPSC or as the Chairman or any other member of the UPSC, but not for any other employment under the Government of India or the Government of a State (Article 319).