Question

Which of the following statements are true regarding the removal of SPSC members?

I. The President can remove an SPSC member for insolvency without consulting the Supreme Court.

II. The Governor can suspend an SPSC member during an enquiry for misbehaviour.

III. Misbehaviour includes being interested in a contract made by the Government of India or a state.

IV. The Governor can remove an SPSC member for physical or mental incapacity.

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

Answer 1

Answer:

C. Only I, II, and III

State Public Service Commission (SPSC) Members

• Constitutional Basis: Article 317 of the Indian Constitution deals with the removal and suspension of members of a Public Service Commission (UPSC or SPSC).

• Grounds for Removal: A member can be removed on two primary grounds:

  • Misbehaviour: This is a complex ground. If a member is alleged to be guilty of misbehaviour, the President must refer the matter to the Supreme Court for an inquiry. The President can remove the member only if the Supreme Court, after inquiry, advises for their removal.

  • Incapacity: If a member is found to be engaged or intending to engage in paid employment outside the duties of their office, or if they are considered unfit to continue in office due to infirmity of body or mind, the President may remove them after consulting the Supreme Court.

• Definition of Misbehaviour: The Constitution explicitly defines 'misbehaviour' to include cases where a member:

  • Is or becomes in any way interested in any contract or employment to which the Government of India or the Government of a State is a party.

  • Participates in the profits of, or pays or receives any dividend or other payment out of, the capital or profits of any company.

  • Is or becomes a partner, or has or acquires a share, or has any share or interest in any firm or company concerned in the supply of, or rendering of services to, the Government of India or the Government of a State.

• Role of the Supreme Court: The Supreme Court's role is crucial in cases of misbehaviour and advisory in cases of incapacity. The President cannot act solely on their own discretion in these matters.

• Suspension: During the pendency of an inquiry into allegations of misbehaviour, the President has the power to suspend the member concerned from his duties.

• Key Distinctions:

  • President vs. Governor: While the Governor has certain administrative powers regarding SPSC members (like appointing them), the power of removal and suspension on grounds of misbehaviour or incapacity rests with the President, not the Governor.

  • Insolvency: Insolvency is not explicitly listed as a direct ground for removal under Article 317. However, it might indirectly lead to a finding of incapacity or unsuitability. The process for removal related to incapacity or misbehaviour requires Supreme Court consultation.

• Competitive Exam Focus:

  • Pay close attention to the specific powers of the President versus the Governor concerning UPSC/SPSC members.

  • Understand the procedural requirements, especially the mandatory consultation with the Supreme Court for misbehaviour and incapacity.

  • The definition of misbehaviour is often tested in MCQs.