Question

Which of the following statements regarding post-employment restrictions on SPSC members is correct?

1. The chairman of an SPSC is eligible for appointment as the chairman of the UPSC but not as a member of the UPSC.

2. A member of an SPSC is not eligible for reappointment to the same office for a second term.

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

B. 2 only

Constitutional Framework of Public Service Commissions

• The Indian Constitution, under Part XIV (Articles 315 to 323), establishes Public Service Commissions for the Union (UPSC) and for each State (SPSC).

• These commissions are constitutional bodies, implying they derive their powers directly from the Constitution and are designed to be independent.

Purpose of Post-Employment Restrictions

• Post-employment restrictions are crucial provisions aimed at ensuring the independence, impartiality, and integrity of the Public Service Commissions.

• They prevent members from being influenced by the executive in anticipation of future government employment, thereby safeguarding merit-based appointments.

Restrictions on the Chairman of a State Public Service Commission (SPSC)

• A Chairman of an SPSC, upon ceasing to hold office, is eligible for appointment as:

  • The Chairman of the Union Public Service Commission (UPSC).

  • Any other member of the UPSC.

  • The Chairman of any other State Public Service Commission.

• However, a Chairman of an SPSC is not eligible for any other employment under the Government of India or the Government of a State.

• This restriction is designed to ensure their complete impartiality during their tenure by removing the incentive of future government jobs beyond specified commission roles.

Restrictions on a Member (other than Chairman) of a State Public Service Commission (SPSC)

• A Member of an SPSC (who is not the Chairman), upon ceasing to hold office, is eligible for appointment as:

  • The Chairman of that SPSC.

  • The Chairman of any other SPSC.

  • The Chairman of the UPSC.

  • Any other member of the UPSC.

• Crucially, a Member of an SPSC is not eligible for reappointment to the same office (i.e., as a member of the same SPSC) for a second term. This ensures fresh perspectives and limits potential undue influence from long tenures.

• Similar to the Chairman, a Member of an SPSC is not eligible for any other employment under the Government of India or the Government of a State, except for the specified appointments within the Public Service Commission system.