Question

Which of the following statements are correct about the removal of SPSC members?

1. The Governor can suspend a member of the SPSC during an enquiry into misbehaviour.

2. The President can remove a member of the SPSC if they are found to be insolvent.

3. The Supreme Court’s advice is advisory and not binding on the President in cases of misbehaviour.
   

• A. 1 and 2
• B. 2 and 3
• C. 1 and 3
• D. 1, 2, and 3

Answer 1

Answer:

A. 1 and 2

Removal of State Public Service Commission (SPSC) Members

• The provisions for the removal of SPSC members are largely similar to those for Union Public Service Commission (UPSC) members, outlined in Article 317 of the Indian Constitution.

Grounds for Removal by the President:

• A member of an SPSC can be removed from office by the President, not the Governor, on specific grounds:

  • Misbehaviour: If the member is found guilty of misbehaviour after an inquiry by the Supreme Court.

  • Insolvency: If the member is adjudged an insolvent.

  • Infirmity of Mind or Body: If the member engages in paid employment outside the duties of their office, or is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

• It's crucial to note that while the President removes SPSC members, the Governor appoints them.

Role of the Governor in Suspension:

• During an inquiry into misbehaviour against an SPSC member by the Supreme Court, the Governor of the state has the power to suspend the member from office. This power is explicitly granted under Article 317(2).

Role of the Supreme Court:

• In cases of removal due to misbehaviour, the matter must be referred by the President to the Supreme Court for an inquiry.

• The Supreme Court conducts a detailed inquiry and submits its report to the President.

• The advice rendered by the Supreme Court in such cases is binding on the President. If the Supreme Court advises removal, the President shall remove the member. This ensures the independence of the Public Service Commissions.

Distinction for Competitive Exams:

• Remember the key distinction: Governor appoints SPSC members, but only the President removes them.

• The Governor can suspend, but only the President can remove.

• The Supreme Court's inquiry and advice for removal on grounds of misbehaviour are mandatory and binding on the President.