Question

Which of the following statements are correct regarding the functions of the SPSC?

1. The SPSC conducts examinations for appointments to state services.

2. The SPSC must be consulted on all matters related to the classification of state services.

3. The state legislature can extend the jurisdiction of the SPSC to local bodies.
   

• A. 1 and 2
• B. 1 and 3
• C. 2 and 3
• D. All are correct

Answer 1

Answer:

B. 1 and 3

State Public Service Commission (SPSC)

• The State Public Service Commission (SPSC) is a constitutional body established under Part XIV of the Indian Constitution, specifically from Article 315 to Article 323.

• Its primary role is to ensure merit-based recruitment to civil services and posts in the state administration, thereby upholding transparency and impartiality.

Key Functions (Article 320):

• Conducting Examinations: The SPSC is mandated to conduct examinations for appointments to the state services. This includes various civil service examinations (e.g., State Civil Service, State Police Service, etc.) and other recruitment exams for different departments within the state government.

• Consultative Role: The SPSC is consulted on various matters related to personnel management. These include:

  • Principles to be followed in making appointments to civil services and posts.

  • Making promotions and transfers from one service to another, and the suitability of candidates for such actions.

  • All disciplinary matters affecting a person serving under the Government of a State in a civil capacity, including memorials or petitions relating to such matters.

  • Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of a State.

  • Any other matter which the Governor of the State may refer to them.

• It is crucial to note that the advice tendered by the SPSC on these matters is advisory and not binding on the government. The government may or may not accept the advice, but the reasons for non-acceptance must be laid before the State Legislature.

• Regarding the classification of state services, while the SPSC may be consulted on aspects related to recruitment principles and conditions arising from such classification, the ultimate authority for classification rests with the state government. The Constitution does not explicitly mandate SPSC consultation on "all matters" of classification itself; this is primarily an executive function.

Extension of Jurisdiction (Article 321):

• The State Legislature has the power to extend the functions of the SPSC. This means it can confer additional functions on the SPSC relating to the services of any local authority, corporate body, or public institution constituted by law within the state.

• This provision allows state governments to utilize the expertise and impartial nature of the SPSC for recruitment and disciplinary matters in bodies beyond direct government departments, such as municipal corporations, universities, or state-owned enterprises.

Independence and Limitations:

• The Constitution ensures the independence of the SPSC through various provisions, such as security of tenure for its members, conditions of service that cannot be varied to their disadvantage after appointment, and expenses charged on the Consolidated Fund of the State.

• However, there are certain matters where the SPSC is not consulted:

  • While making reservations of appointments or posts in favour of any backward class of citizens.

  • In considering claims of Scheduled Castes and Scheduled Tribes in making appointments to services and posts.

  • Posts concerned with foreign affairs, certain positions like chairmanship or membership of tribunals, and certain groups of lower posts.