Question

Which of the following statements are true about the independence of the SPSC?

I. The conditions of service of the SPSC Chairman cannot be altered to their disadvantage after appointment.

II. The Chairman of an SPSC is eligible for appointment to the UPSC after their term.

III. The salaries of the SPSC Chairman and members are subject to a vote in the state legislature.

IV. A member of the SPSC is not eligible for reappointment to the same office.

• A. Only I and II
• B. Only II and IV
• C. Only I, II, and IV
• D. Only I, III, and IV

Answer 1

Answer:

C. Only I, II, and IV

State Public Service Commission (SPSC) Independence

• Security of Tenure for Chairman: The conditions of service of the Chairman of an SPSC, including their salary, allowances, and other privileges, cannot be altered to their disadvantage after their appointment. This provision ensures their independence and prevents the state government from influencing their decisions through threats of adverse changes.

• Eligibility for UPSC Appointment: The 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 another SPSC. This allows for career progression and utilization of experienced individuals at the national level.

• No Reappointment to the Same Office: A member of an SPSC is not eligible for reappointment to the same office after the completion of their term. However, they can be appointed as the Chairman of the SPSC or as a member or Chairman of the UPSC.

• Salaries Charged on Consolidated Fund: The salaries, allowances, and pensions of the Chairman and members of the SPSC are charged on the Consolidated Fund of the State. This means these expenditures are not subject to an annual vote by the State Legislature, further safeguarding their financial independence. This is a critical point for competitive exams, differentiating SPSC/UPSC salaries from other voted expenditures.

• Constitutional Safeguards: Article 315 to 323 of the Constitution of India deal with the composition, appointment, and independence of Public Service Commissions (both UPSC and SPSC). These articles provide the legal framework for their functioning and autonomy.

• Removal from Office: The Chairman or any member of an SPSC can be removed from office by the President on grounds of misbehaviour, but only after an inquiry by the Supreme Court. This process provides a high degree of protection against arbitrary removal.