Question

Which of the following statements about the term 'misbehaviour' for an SPSC member is correct?

1. The term is defined in the Indian Penal Code and applied to SPSC members by the President.

2. A member is deemed guilty of misbehaviour if they are concerned or interested in any contract made by the Government of India or a state government.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

B. 2 only

Understanding 'Misbehaviour' for SPSC Members

• The term 'misbehaviour' for a member of a State Public Service Commission (SPSC) is explicitly defined in the Constitution of India itself. It is not defined in the Indian Penal Code (IPC) and then applied, which is a common misconception and an important point for competitive exams.

Grounds for Removal of SPSC Members

• SPSC members, though appointed by the Governor of the respective state, can be removed only by the President of India. This provision is a significant aspect of the independence granted to Public Service Commissions.

• The primary grounds for their removal are misbehaviour or incapacity.

Constitutional Definition of 'Misbehaviour' (Article 317(4))

• According to Article 317(4) of the Constitution, a member of a Public Service Commission (including SPSC) is deemed to be guilty of misbehaviour if he/she:

  • Is concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State.

  • Or participates in any way in the profit thereof, or in any benefit or emolument arising therefrom, otherwise than as a member, and in common with other members, of an incorporated company.

Removal Process for 'Misbehaviour'

• If the President believes a case of misbehaviour exists, the matter is compulsorily referred to the Supreme Court for an inquiry.

• During the pendency of such an inquiry by the Supreme Court, the President has the power to suspend the Chairman or any other member of the Public Service Commission.

• The advice tendered by the Supreme Court in this inquiry is binding on the President. If the Supreme Court recommends removal, the President *must* remove the member. This binding nature of the Supreme Court's advice highlights the judicial oversight in the removal process.

Other Grounds for Removal (Article 317(3))

• A member can also be removed by the President if they:

  • Are declared insolvent.

  • Engage, during their term of office, in any paid employment outside the duties of their office.

  • Are, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

Ensuring Independence of PSCs

• The robust and elaborate process for the removal of Public Service Commission members (both Union Public Service Commission and State Public Service Commissions) is designed to safeguard their independence and impartiality, which is crucial for ensuring fair and merit-based recruitment into public services.

• Articles 315 to 323 of the Indian Constitution deal with Public Service Commissions, with Article 317 specifically outlining the provisions for removal and suspension.