Question

Which of the following statements are correct regarding the State Public Service Commission (SPSC)?

1. The number of members in the SPSC is fixed by the Constitution.
2. The Governor determines the conditions of service for the Chairman and members of the SPSC.
3. The Chairman of the SPSC can be reappointed for a second term after completing the first term.

• A. 1 only correct
• B. 1, 3 correct
• C. 2 only correct
• D. 1, 2 correct

Answer 1

Answer:

C. 2 only correct

State Public Service Commission (SPSC)

Constitutional Framework

• The State Public Service Commission (SPSC) is a constitutional body established under Part XIV of the Indian Constitution.

• Articles 315 to 323 of the Constitution deal with the composition, appointment, removal, powers, and functions of the SPSC.

Composition and Appointment

• The Constitution does not specify the exact number of members in the SPSC. This power is left to the discretion of the Governor of the concerned state.

• The Governor of the state appoints the Chairman and other members of the SPSC.

• A significant requirement is that at least half of the members of the SPSC must be individuals who have held office for at least ten years either under the Government of India or under the Government of a State.

Conditions of Service

• The Governor determines the conditions of service for the Chairman and members of the SPSC. This includes their salaries, allowances, and other privileges.

• The expenses of the SPSC, including the salaries and allowances of its members and staff, are charged on the Consolidated Fund of the State, making them non-votable by the state legislature, thereby ensuring financial independence.

Term of Office

• The Chairman and members of an SPSC hold office for a term of six years or until they attain the age of 62 years, whichever is earlier.

Removal of Members

• Although appointed by the Governor, the Chairman and members of an SPSC can only be removed by the President of India.

• The grounds for removal by the President include proved misbehaviour or incapacity, after a reference is made to the Supreme Court for an inquiry.

• Other grounds for removal by the President include insolvency, engaging in paid employment outside their office duties, or being unfit to continue due to infirmity of mind or body.

Reappointment Provisions

• The Chairman of an SPSC is not eligible for reappointment to that same office (i.e., as Chairman of the same SPSC) after completing their term.

• However, a Chairman of an SPSC is eligible for appointment as the Chairman or a member of the Union Public Service Commission (UPSC) or as the Chairman of any other SPSC.

• A member of an SPSC is eligible for appointment as the Chairman of that SPSC or as the Chairman or a member of the UPSC, but not for any other employment under the Government of India or a State. This restriction is crucial to maintain their independence and prevent potential conflicts of interest.

Joint State Public Service Commission (JSPSC)

• The Constitution also allows for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states.

• A JSPSC can be created by an Act of Parliament, but only if the legislatures of the concerned states pass resolutions to that effect.

• The Chairman and members of a JSPSC are appointed by the President. Their term and removal procedures are similar to those of the SPSC.