Question

Which of the following statements regarding the constitutional articles related to the SPSC is/are correct?

1. Article 317 deals with the removal and suspension of a member of a Public Service Commission.

2. Article 320 deals with the prohibition on holding other offices by members of the Commission after their tenure.

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

Answer 1

Answer:

A. 1 only

Public Service Commissions

Article 317: Removal and Suspension of a Member of a Public Service Commission

• This article meticulously details the procedure for the removal and suspension of a member of a Public Service Commission, encompassing both the Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs).

• A member of a Public Service Commission can be removed from office solely by the President of India.

• The primary ground for removal is misbehaviour. However, in such cases, the President must first refer the matter to the Supreme Court for an inquiry. The Supreme Court's report, if it recommends removal, is binding on the President.

• Other grounds for removal by the President, which do not require a Supreme Court inquiry, include if the member is adjudged an insolvent, engages in paid employment outside the duties of his office, or is unfit to continue in office by reason of infirmity of mind or body.

• During the ongoing inquiry by the Supreme Court, the President has the power to suspend a UPSC member, while the Governor holds the power to suspend an SPSC member.

Article 320: Functions of Public Service Commissions

• Article 320 explicitly outlines the functions that Public Service Commissions (both UPSC and SPSCs) are required to perform.

• Its primary mandate is to conduct examinations for appointments to the services of the Union and the respective State.

• The Commissions are also consulted on a wide range of matters including methods of recruitment to civil services and for civil posts, principles to be followed in making appointments, promotions, and transfers, and all disciplinary matters affecting a person serving under the Government of India or the Government of a State.

Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members

• The second statement in the question incorrectly attributes the prohibition on holding other offices after tenure to Article 320. This specific provision is actually covered under Article 319 of the Indian Constitution.

• Article 319 stipulates various prohibitions regarding future employment for members of PSCs:

  • The Chairman of UPSC is ineligible for any further employment under the Government of India or the Government of a State.

  • A Chairman of an SPSC is eligible for appointment as the Chairman or a member of UPSC, or as the Chairman of any other SPSC, but not for any other employment under the Government of India or the Government of a State.

  • A member (other than the Chairman) of UPSC is eligible for appointment as the Chairman of UPSC, or as the Chairman of an SPSC, but not for any other employment under the Government of India or the Government of a State.

  • A member (other than the Chairman) of an SPSC is eligible for appointment as the Chairman or a member of UPSC, or as the Chairman of that or any other SPSC, but not for any other employment under the Government of India or the Government of a State.

Other Important Facts for Competitive Exams

• Appointment: The Chairman and members of a State Public Service Commission (SPSC) are appointed by the Governor of the respective State. In contrast, for the UPSC, they are appointed by the President.

• Tenure: A member of an SPSC holds office for a fixed term of six years or until they attain the age of 62 years, whichever occurs earlier. For UPSC members, the age limit is 65 years.

• Resignation: A member of an SPSC can resign from their office by addressing their resignation letter to the Governor. For UPSC members, the resignation is addressed to the President.

• Conditions of Service: The conditions of service of the Chairman and members of an SPSC are determined by the Governor of the State. However, once appointed, these conditions cannot be varied to their disadvantage.

• Expenses: The entire expenses of an SPSC, including the salaries, allowances, and pensions of its members and staff, are charged upon the Consolidated Fund of the State. This implies that these expenditures are not subject to the vote of the state legislature, ensuring the financial independence of the Commission.