Question

Which of the following statements about the State Public Service Commission is/are true?
i. The SPSC advises on the suitability of candidates for promotions and transfers.
ii. The Governor can exclude certain posts and services from the SPSC’s consultation.
iii. A selection by the SPSC confers a right to the post for the candidate.
iv. The Travancore-Cochin PSC was formed on July 1, 1949.

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

Answer 1

Answer:

A. i, ii, and iv

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body established under Article 315 of the Indian Constitution, responsible for recruitment to the state public services.

• Its primary role is to ensure fair and merit-based selection of candidates for various government posts within the state.

Key Functions and Powers:

• Article 320 of the Constitution outlines the functions of the SPSC.

• The SPSC is consulted on matters related to recruitment methods, principles for appointments, promotions, and transfers of civil servants.

• It also advises on the suitability of candidates for such appointments, promotions, and transfers, making statement (i) true. This advisory role is crucial for maintaining transparency and impartiality in the selection process.

• The SPSC also handles disciplinary matters affecting civil servants and claims for awards in respect of injuries sustained while on duty.

Governor's Role and Limitations:

• Article 320(3) empowers the Governor to make regulations specifying matters where it may not be necessary to consult the SPSC.

• These regulations must be laid before the State Legislature. This provision allows the Governor to exclude certain posts or services from the SPSC's consultation, making statement (ii) true.

• For example, regulations might exclude certain temporary posts or specialized roles from SPSC consultation, although this is usually done with specific justification.

Advisory Nature of SPSC Recommendations:

• It is crucial to understand that the recommendations of the SPSC are advisory in nature, not binding.

• A selection by the SPSC does not confer an indefeasible right to the post for the candidate. The appointing authority (the State Government) has the final discretion to accept or reject the recommendations, or even to decide not to fill the advertised posts.

• Therefore, statement (iii) is false. The Supreme Court has repeatedly affirmed this principle, stating that a mere recommendation does not create a vested right to appointment.

Historical Context: Formation of Travancore-Cochin PSC

• The Travancore-Cochin Public Service Commission was indeed formed on July 1, 1949.

• This date marks the formation of the Travancore-Cochin State, which was created by merging the princely states of Travancore and Cochin.

• Following the integration, a unified Public Service Commission was established to manage recruitment for the services of the newly formed state, making statement (iv) true.

• This Commission later became the precursor to the present-day Kerala Public Service Commission (Kerala PSC) after the formation of Kerala State in 1956.

• The Travancore Public Service Commission was established earlier in 1936, being one of the first such commissions in a princely state in India.